Letter FROM John R. O'Toole, MPP TO Me

April 15, 2005

[legal name]
[address]
[address]
[address]

Dear [legal name]:

Premier McGuinty has kindly copied me on his response to your letter concerning the need to broaden current legislation so that service dogs who assist the disabled receive the same consideration as dogs that assist the blind. A copy of the Premier's letter is enclosed for your reference.

I am pleased to read that he has forwarded your letter to the attention of the Attorney General. To help ensure your comments reach the Minister and/or his staff, I have written to the Attorney General today to ask for a reply and to express my support for broadening the definition of service dogs in terms of their access to public events and public spaces.

Again, thank you for keeping in touch. Please do not hesitate to contact me whenever I may be of further assistance on this issue or on any other provincial government matter.

Yours truly,

John R. O'Toole, MPP
Durham

Encl.

Letter FROM Premier Dalton McGuinty TO Me

April 12, 2005

[legal name]
[address]
[address]
[address]
[address]

Dear [legal name]:

Thank you for writing to me regarding legal provisions for service dogs that assist the visually impaired. I have also received a copy from John O'Toole, MPP for Durham. Your concerns are important to me.

I appreciate the issues you raised. As they will also interest the Honourable Michael Bryant, Attorney General, I have passed along a copy of your correspondence to him for his information.

Thanks again for writing. Your input on any provincial issue is always welcome. My colleagues and I look forward to continuing to work with you and your fellow Ontarians to meet your priorities and deliver the results you deserve.

Yours truly,

Dalton McGuinty
Premier

c: The Honourable Michael Bryant
John O'Toole, MPP, Durham

Letter FROM John R. O'Toole, MPP TO Premier Dalton McGuinty

March 2, 2005

The Hon. Dalton McGuinty
Premier of Ontario
Romm 281, Main Legislative Building
Toronto ON M7A 1A4

Dear Premier:

Please find enclosed a letter you will have received from Heather D. Wegemer concerning the need to change Ontario's laws so that trained service dogs used by sighted disabled persons can have the same access to public venues as service dogs used by those who are blind. My constituent notes that there is a wide variety of service dogs. For example, they may help persons in wheelchairs, support those unsteady on their feet, assist mentally ill individuals and alert those with impaired hearing to auditory cues. However, Ms. Wegemer points out that Ontario law guarantees equal access to public venues only for blind people using a trained service dog. She suggests that the law should change to recognize that dogs are also used to support disabled people who are not blind.

I commend this input to your attention and am confident it will be of interest. Since Ms. Wegemer has shared her letter with me, I would appreciate receiving a copy of your response.

Thank you for your consideration.

Yours truly,

John R. O'Toole, MPP
Durham

encl.

Letter FROM John R. O'Toole, MPP TO Me

March 2, 2005

[legal name]
[address]
[address]
[address]

Dear [legal name]:

Thank you for kindly copying me on your letter to Premier McGuinty concerning the need to broaden the definition of service dogs to include dogs that assist the disabled who are not blind. I appreciate the fact that you have brought this matter to my attention, and I would like to follow up.

I have taken the liberty of writing Premier McGuinty to ask that I be copied on his response. A copy of my correspondence to the Premier is enclosed.

Please keep in touch.

Yours truly,

John R. O'Toole, MPP
Durham

Encl.

Excerpt from Food Safety and Quality Act, 2001 - O. Reg. 31/05

Presence of other animals

44. (1) Subject to subsections (2) and (4), no person shall permit any animal, other than a food animal that is to be slaughtered or euthanized in accordance with this Regulation, to be in any room or area of the meat plant. O. Reg. 31/05, s. 44 (1).

(2) A service dog serving as a guide for a blind person or for a person with another medical disability who requires the use of the dog as a guide is permitted to be in an area of the meat plant,

(a) where food is served, sold or offered for sale to consumers; or

(b) that does not contain food animals and that is not used for the receiving, processing, packaging, labelling, shipping, handling or storing of carcasses, parts of carcasses or meat products. O. Reg. 31/05, s. 44 (2).

(3) For the purposes of subsection (2), a dog is a service dog for a person with a medical disability if,

(a) it is readily apparent to an average person that the dog functions as a guide for the person; or

(b) the person can provide, on request, a letter from a physician or nurse confirming that the person requires the use of the dog as a guide. O. Reg. 31/05, s. 44 (3).

Tenant Protection Act, 1997 S.O. 1997, CHAPTER 24

“No pet” provisions void

15. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void. 1997, c. 24, s. 15.

Excerpt from Health Protection and Promotion Act R.R.O. 1990, REGULATION 562

59. Every operator of a food premise shall ensure that in respect of the food premise,

(a) the food premise is swept and cleaned in such a manner as to prevent contamination of food;

(b) no cup, glass, dish or utensil that is chipped or cracked is used in the preparation, service or storage of food;

(c) containers, caps, covers and wrapping materials used in the packaging of food shall be made from materials that,

(i) are non-toxic, and

(ii) will prevent contamination or adulteration of the food or milk;

(d) single-service containers and single-service articles are kept in such a manner and place as to prevent contamination of the containers or articles;

(e) every room where food is manufactured, prepared, processed, handled, served, displayed, stored, sold or offered for sale is kept free from,

(i) materials and equipment not regularly used in the room, and

(ii) subject to section 60, live birds and animals;

(f) dispensing scoops and dippers for ice cream, frozen confections or desserts are kept in a dipper-well with running water between servings, or in any other manner that will prevent bacterial growth;

(g) the surface of equipment and facilities other than utensils that come in contact with food are washed and sanitized as often as is necessary to maintain such surfaces in a sanitary condition; and

(h) the floors, walls and ceilings of every room where food is manufactured, handled, displayed, prepared, processed, served or stored, sold or offered for sale are kept clean and in good repair. R.R.O. 1990, Reg. 562, s. 59.

60. (1) Subclause 59 (e) (ii) does not apply to,

(a) a service dog serving as a guide for a blind person or for a person with another medical disability who requires the use of a service dog, if the service dog is in an area of the food premise where food is served, sold or offered for sale;

(b) live birds or animals offered for sale on food premises other than food service premises where the medical officer of health has given approval in writing for the keeping of the birds or animals on the premises; or

(c) live aquatic species displayed or stored in sanitary tanks on food premises. R.R.O. 1990, Reg. 562, s. 60; O. Reg. 74/04, s. 4 (1).

(2) A dog other than a guide dog for the blind is a service dog for the purposes of clause (1) (a) if,

(a) it is readily apparent to an average person that the dog functions as a service dog for a person with a medical disability; or

(b) the person who requires the dog can provide on request a letter from a physician or nurse confirming that the person requires a service dog. O. Reg. 74/04, s. 4 (2).

Excerpt from Blind Persons' Rights Act R.R.O. 1990, REGULATION 58

1. A dog that has successfully completed the training program at any of the following facilities is qualified as a guide dog:

1. Eye Dog Foundation for the Blind, Los Angeles, California.

2. The Seeing Eye, Inc., Morristown, New Jersey.

3. Guide Dogs for the Blind Inc., San Rafael, California.

4. International Guiding Eyes Inc., Hollywood, California.

5. Eye of the Pacific Guide Dogs Inc., Honolulu, Hawaii.

6. Leader Dogs for the Blind, Rochester, Michigan.

7. Guide Dog Foundation for the Blind Inc., Smithtown, New York.

8. Guiding Eyes for the Blind Inc., New York, New York.

9. Pilot Dogs Inc., Columbus, Ohio.

10. Guide Dogs for the Blind Association, Windsor, England.

11. Canadian Guide Dogs for the Blind, Ottawa, Ontario.

12. Canine Vision Canada, Oakville, Ontario. R.R.O. 1990, Reg. 58, s. 1.

Excerpt from Blind Persons' Rights Act, R.S.O. 1990, c. B.7

Definitions

1. (1) In this Act,

"blind person" means a person who because of blindness is dependent on a guide dog or white cane; ("aveugle")

"guide dog" means a dog trained as a guide for a blind person and having the qualifications prescribed by the regulations. ("chien d'aveugle") R.S.O. 1990, c. B.7, s. 1 (1).

Application

(2) This Act applies despite any other Act or any regulation, by-law or rule made thereunder. R.S.O. 1990, c. B.7, s. 1 (2).

Act binds Crown

(3) This Act binds the Crown. R.S.O. 1990, c. B.7, s. 1 (3).

Guide dogs permitted in places to which public admitted

2. (1) No person, directly or indirectly, alone or with another, by himself, herself or itself or by the interposition of another, shall,

(a) deny to any person the accommodation, services or facilities available in any place to which the public is customarily admitted; or

(b) discriminate against any person with respect to the accommodation, services or facilities available in any place to which the public is customarily admitted, or the charges for the use thereof,

for the reason that he or she is a blind person accompanied by a guide dog. R.S.O. 1990, c. B.7, s. 2 (1).

Guide dogs permitted in self-contained dwelling unit

(2) No person, directly or indirectly, alone or with another, by himself, herself or itself or by the interposition of another, shall,

(a) deny to any person occupancy of any self-contained dwelling unit; or

(b) discriminate against any person with respect to any term or condition of occupancy of any self-contained dwelling unit,

for the reason that he or she is a blind person keeping or customarily accompanied by a guide dog. R.S.O. 1990, c. B.7, s. 2 (2).

Other facilities

(3) Nothing in this section shall be construed to entitle a blind person to require any service, facility or accommodation in respect of a guide dog other than the right to be accompanied by the guide dog. R.S.O. 1990, c. B.7, s. 2 (3).

Identification cards

4. (1) The Attorney General or an officer of his or her Ministry designated by the Attorney General in writing may, upon application therefor, issue to a blind person an identification card identifying the blind person and his or her guide dog. R.S.O. 1990, c. B.7, s. 4 (1).

Cards as proof of qualification

(2) An identification card issued under subsection (1) is proof, in the absence of evidence to the contrary, that the blind person and the guide dog identified therein are qualified for the purposes of this Act. R.S.O. 1990, c. B.7, s. 4 (2).

Surrender of cards

(3) Any person to whom an identification card is issued under subsection (1) shall, upon the request of the Attorney General or an officer designated under subsection (1), surrender the identification card for amendment or cancellation. R.S.O. 1990, c. B.7, s. 4 (3).

Regulations

5. The Lieutenant Governor in Council may make regulations prescribing qualifications for guide dogs. R.S.O. 1990, c. B.7, s. 5.

Penalty

6. (1) Every person who is in contravention of section 2 is guilty of an offence and on conviction is liable to a fine not exceeding $5,000. R.S.O. 1990, c. B.7, s. 6 (1).

Idem

(2) Every person who is in contravention of section 3 or of subsection 4 (3) or who, not being a blind person, purports to be a blind person for the purpose of claiming the benefit of this Act is guilty of an offence and on conviction is liable to a fine not exceeding $500. R.S.O. 1990, c. B.7, s. 6 (2).

Excerpts from Human Rights Code, R.S.O. 1990, c. H.19

PART I
FREEDOM FROM DISCRIMINATION

Services

1. Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 1; 1999, c. 6, s. 28 (1); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (1).

Accommodation

2. (1) Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance. R.S.O. 1990, c. H.19, s. 2 (1); 1999, c. 6, s. 28 (2); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (2).

Harassment in accommodation

(2) Every person who occupies accommodation has a right to freedom from harassment by the landlord or agent of the landlord or by an occupant of the same building because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, marital status, family status, disability or the receipt of public assistance. R.S.O. 1990, c. H.19, s. 2 (2); 1999, c. 6, s. 28 (3); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (3).

Contracts

3. Every person having legal capacity has a right to contract on equal terms without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 3; 1999, c. 6, s. 28 (4); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (4).

. . .

Employment

5. (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 5 (1); 1999, c. 6, s. 28 (5); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (5).

Harassment in employment

(2) Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 5 (2); 1999, c. 6, s. 28 (6); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (6).

Vocational associations

6. Every person has a right to equal treatment with respect to membership in any trade union, trade or occupational association or self-governing profession without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 6; 1999, c. 6, s. 28 (7); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (7).

. . .

Reprisals

8. Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing. R.S.O. 1990, c. H.19, s. 8.

Infringement prohibited

9. No person shall infringe or do, directly or indirectly, anything that infringes a right under this Part. R.S.O. 1990, c. H.19, s. 9.

Definitions re: Parts I and II

10. (1) In Part I and in this Part,

“age” means an age that is eighteen years or more, except in subsection 5 (1) where “age” means an age that is eighteen years or more and less than sixty-five years; (“âge”)

“disability” means,

(a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,

(b) a condition of mental impairment or a developmental disability,

(c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,

(d) a mental disorder, or

(e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; (“handicap”)

. . .

Past and presumed disabilities

(3) The right to equal treatment without discrimination because of disability includes the right to equal treatment without discrimination because a person has or has had a disability or is believed to have or to have had a disability. 2001, c. 32, s. 27 (4).

Constructive discrimination

11. (1) A right of a person under Part I is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member, except where,

(a) the requirement, qualification or factor is reasonable and bona fide in the circumstances; or

(b) it is declared in this Act, other than in section 17, that to discriminate because of such ground is not an infringement of a right. R.S.O. 1990, c. H.19, s. 11 (1).

Idem

(2) The Commission, the Tribunal or a court shall not find that a requirement, qualification or factor is reasonable and bona fide in the circumstances unless it is satisfied that the needs of the group of which the person is a member cannot be accommodated without undue hardship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. R.S.O. 1990, c. H.19, s. 11 (2); 1994, c. 27, s. 65 (1); 2002, c. 18, Sched. C, s. 2 (1).

. . .

Disability

17. (1) A right of a person under this Act is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability. R.S.O. 1990, c. H.19, s. 17 (1); 2001, c. 32, s. 27 (5).

Accommodation

(2) The Commission, the Tribunal or a court shall not find a person incapable unless it is satisfied that the needs of the person cannot be accommodated without undue hardship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. R.S.O. 1990, c. H.19, s. 17 (2); 1994, c. 27, s. 65 (2); 2002, c. 18, Sched. C, s. 3 (1).