In short, yes; however, it is important to understand the definition of ‘Service Animal’ under provincial law to know whether your animal qualifies:
Under Manitoba law, a service animal is defined as an animal that has been trained to provide assistance to a person with a disability that is directly related to that disability.
In Manitoba, the use of service animals is governed by the Human Rights Code and The Service Animals Protection Act (SAPA). Here are key points about the legal definition and rights regarding service animals:
- Definition:
A service animal is an animal trained to assist a person with a disability. This includes, but is not limited to:- Guiding individuals who are visually impaired (guide dogs),
- Alerting individuals who are deaf or hard of hearing,
- Assisting individuals with mobility issues,
- Supporting individuals with medical conditions such as diabetes or epilepsy (e.g., alerting to blood sugar levels or seizures).
- Certification:
In Manitoba, certification of a service animal is not required under the Human Rights Code. However, a service animal must be specially trained to assist with a disability. - Rights:
People with disabilities who use service animals have the right to access public spaces and services, similar to anyone else. Businesses and service providers are required to accommodate service animals under Manitoba’s Human Rights Code. They cannot deny service based on the presence of a service animal, and no additional fees can be charged because of the animal. - Identification:
While identification is not mandatory, some service animals may wear a vest, harness, or have other forms of visible identification to signal their role. Businesses or service providers are allowed to ask if an animal is a service animal if it is not immediately clear. - Protection under the Service Animals Protection Act:
The SAPA also makes it illegal to interfere with a service animal while it is working, including feeding, touching, or distracting it. Penalties can apply to those who harass or harm service animals.
This legislation ensures that individuals with disabilities can fully participate in public life with their service animals, without facing discrimination or barriers.
In Manitoba, landlords do not have the right to require a certificate of training to prove that an animal is a service animal. Under the Manitoba Human Rights Code, there is no legal requirement for certification or specific documentation proving that an animal is a service animal.
Here’s what is important to know regarding landlords and service animals in Manitoba:
- No Certification Required:
Manitoba law does not mandate that service animals be certified or that owners must carry specific documentation to prove the animal is a service animal. This means that a landlord cannot demand certificates or training documents as a condition for allowing a service animal in a rental property. - Reasonable Accommodation:
Under the Manitoba Human Rights Code, landlords are required to provide reasonable accommodation for tenants with disabilities. This includes allowing service animals, even if the building has a “no pets” policy. Service animals are not considered pets; they are essential aids for individuals with disabilities. - Limited Questions Allowed:
If it’s not obvious that the animal is a service animal, landlords may ask whether the animal is needed because of a disability and what task it has been trained to perform. However, landlords cannot require proof of disability or certification for the animal’s training.
Therefore, while landlords can inquire if an animal is a service animal, they cannot require certification as proof and must accommodate the animal if it is assisting a person with a disability.
In Manitoba, an emotional support animal (ESA) is not considered a service animal under the province’s legislation, including the Manitoba Human Rights Code or The Service Animals Protection Act. The distinction between emotional support animals and service animals is important under the law.
Key Differences:
- Service Animal:
- A service animal is specifically trained to perform tasks that directly assist a person with a disability. These tasks are related to the person’s physical, sensory, psychiatric, intellectual, or other mental disabilities.
- Service animals, such as guide dogs or seizure-alert dogs, have legal protections under Manitoba law, which requires businesses, landlords, and public facilities to accommodate them.
- Emotional Support Animal (ESA):
- An ESA provides comfort, companionship, or emotional support to its owner but does not have specific training to perform tasks related to a disability. They may help improve the owner’s mental health, but they are not trained to assist with daily tasks or mitigate the effects of a disability.
- ESAs are not legally recognized as service animals in Manitoba, and they do not have the same rights or access protections under provincial laws. This means that, unlike service animals, ESAs are not guaranteed access to public spaces or rental accommodations under the same legal framework.
Legal Implications:
- Housing: While emotional support animals are not covered under the same laws as service animals, some landlords might be willing to make accommodations. However, landlords are not legally required to allow an ESA if their property has a “no pets” policy.
- Public Access: ESAs do not have guaranteed access to public spaces, businesses, or transportation the way service animals do. They are generally treated as pets in these situations, meaning businesses can apply their own policies regarding animals.
If someone needs an accommodation for an emotional support animal in housing, they may still request one under the Manitoba Human Rights Code if they can demonstrate that it is necessary for their disability, but this is considered on a case-by-case basis. However, an ESA does not have the same automatic legal status and protections as a trained service animal.
