Service dogs in eating establishment in Ontario.

Service dogs in eating establishments, what is the food safety law has to say about this?
by Jim Chan.
 

News update: Restaurant owner who denied access and service to a person and her service dog at his Scarborough sushi restaurant was investigated and charged for the alleged violations under the Blind Persons’ Rights Act by Toronto Police.

Update from Global News (May 8, 2015)

Recently, media reported incidents that people with their service dogs were denied access at eating establishments in Ontario, Canada. Global News Service Dog

Here are some recent incidents:

1. Coffee shop in Toronto - A staff informed a person that her service dog had to be left outside the restaurant Service dog incident - Coffee shop
2. Restaurant in Toronto - The restaurant owner told a person that her service dog had to go Service dog incident - Sushi restaurant
3. Restaurant in Toronto - A manager told a hearing impaired person who relies on Hearing Ear dog for help, to leave his service dog outside or sit in the back of the restaurant Hearing impaired Service Dog
4. Buffet restaurant in Toronto - A person who has spinal muscular atrophy who use a service dog to help her with things she cannot do. A restaurant manager told her 'due to board to health restrictions, service dogs are not allowed near the food; they must remain at the table' Service dog incident - Buffet restaurant

What is a service dog?

Service dogs are trained to perform specific functions and services to assist someone with a disability. They may alert people to sounds, guide around obstacles, retrieve dropped

articles, provide physical support, or detect oncoming seizures Service dog Canada. To be a qualified service dog under the Service Dogs Act, the dog must be trained through an Assistance Dogs International (ADI) accredited school (photo below). 

How come people use service dogs continue to be denied access at restaurants, coffee shops, grocery stores and other food premises?
The ban on service dogs in eating establishments by people in the food industry is a major misconception. As the 2015 Parapan Am Games is approaching, can the city and the

Province be doing better when it comes to accessibility issues? What if the para-athletes want to tour Toronto and enjoy the good food we have in the city but are denied access to restaurants because they use service dogs.

Recently, I saw signs posted at the front door and in the outdoor seating area of a Toronto café patio at the court yard. The information on the sign was misleading to the public as the sign (see photo on right) should include information from the Ontario regulation and should specify dogs are prohibited except service dogs are allowed.

Question: What Ontario food safety laws address service dogs and can they be permitted inside a food

establishment? 

In Ontario, the food safety regulation enforced by health inspectors is the Ontario Food Premises Regulation

562 made under the Health Protection and Promotion Act, states - the ban on animals in areas where food is served, sold, or for sale does not apply to 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. 

The only area a service dog is prohibited is a food preparation area  such as inside the kitchen, as indicated (in part) in the following law in Ontario.

Health Protection and Promotion Act
Loi sur la protection et la promotion de la santé

R.R.O. 1990, REGULATION 562

FOOD PREMISES

Ontario Food Premises Regulation

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

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

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

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;

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) 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).

Question: Which agency should investigate when people with service dogs are being denied access to food premises in Ontario?

As indicated in the identification cards for people with service dogs issued by the Ontario Attorney General, there is a statement printed at the back of the card, “alleged violates of the Act should be referred to your local police service” as local police officers have the authority to investigate allegations that any business operators are denying service to people with service dogs.

Comment

To resolve the issue, may be using a multi-disciplinary approach as this issue is addressed under different laws, including the food safety regulation under the authority of public health inspector in Ontario Ontario Health Protection & Promotion Act. In addition to police's enforcement action, municipalities and the Province of Ontario also have roles to play in resolving this issue. The municipalities can address service dog access issue through their public health and licensing departments and the Province of Ontario can play a coordination role with the 36 public health units in Ontario and through human rights Ontario Human Right Code. Raising public awareness, educating the general public and the food industry about the laws and the right of people with service dogs as well as enforcement action against offenders, this approach can be a possible solution to remove this misconception.

Related links:

Canadian Service Dog Foundation

Laws in Ontario covering service dogs

AODA