Does anyone have any information on emotional support dogs in Canada?
I have found much information relating to the U.S. but nothing in Canada. Any information would be appreciated.
I have googled quite extensively and in my experience the people in the dog section are crazier than me :O)
- KirstenLv 710 years agoBest Answer
I think you may be right about the dog section. ;)
There is no formal recognition of emotional support animals in Canada. In the US, there are two situations where being an emotional support animal has legal ramifications: housing and air travel. Under federal housing law they are not expressly discussed, but it is a generally accepted practice to consider them a reasonable accommodation under fair housing laws.
Our legal system has three types of laws on the federal level: statutory, regulatory, and case. These can differ from one another. For example, in the case of the ADA, the statutory law never mentions service animals at all, but they are mentioned in regulatory law (laws written by regulatory agencies to explain how they intend to implement Congress' directives. There are also many examples of case law supporting the use of service animals. All despite the fact that the "law books" never mention them once.
Our housing law does not recognize ESAs either, and they are not mentioned in regulatory law. However, the regulatory agency in charge has issued statements supporting the protection of their use under fair housing laws, and case law has also been made that supports it. While a right to an emotional support animal in "no pets" housing is not a guaranteed thing, the legal position is fairly strong and if well argued landlords tend to agree. Most landlords don't actually mind, they just need an excuse for their other tenants so they don't have to start allowing all pets.
Canada does have a national disability law which might be applied to ESAs. I don't know. I haven't seen it done, but that doesn't mean it isn't. I'm not nearly as familiar with Canadian law as I am with US law. But let's say you wanted to keep an emotional support animal in "no pets" housing under Canadian law. I'd do the same steps as for the US, except citing the Canadian human rights law.
I collect laws related to service animals and disabilities (and including those that deal with ESAs). My collection from Canada is not exhaustive, but it is a starting place. I maintain this collection at Service Dog Central, which also has articles on ESAs (just do a search).
Here's the section that deals with Canadian laws: http://servicedogcentral.org/content/node/68
And here's the Human Rights law: http://servicedogcentral.org/content/node/165
If you'd like to do some research on your own, these should give you at least a good start. However, if you have a specific situation and need legal advice on that, you should consult a qualified attorney.Source(s): I'm a US disability advocate
- MaryLv 44 years ago
Can't do anything about it. To where in Florida are you flying? Anyway: American, Northwest, United, US, Continental and Delta fly from Toronto, ON to Miami, FL. So my recommendation: check the airlines I just suggested. I hope at least one of them is willing to 'ship' your cat.
- okLv 710 years ago
there is an expert somewhere over in pets
maybe they will see your questionSource(s): x