PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

Transcription

1 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order In Council No. 742, Approved and Ordered December 03, 2015 Executive Council Chambers, Victoria Ueutepnt ovemor On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 18,2016, (a) the Guide Dog and Service Dog Act, S.B.C. 2015, c. 17, is brought into force, (b) the Guide Dog and Service Dog Regulation set out in the attached Appendix 1 is made, (c) the Guide Animal Regulation, B.C. Reg. 664n4, is repealed, (d) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Appendix 2, and (e) the regulations set out in the attached Appendix 3 are amended as set out in that Appendix. Attomey General and Minister of Justice (Thls pan Is lor tjdminu/rtullit pllrposu only and is rlol pdrt o/im Ortkr.) Authority UDder wblcb Order Is made: Act and section: Guide Dog and Service Dog Act, S.B.C. 2015, c. 17, SS. 11 and 17; Guide Animal Act, R.S.B.C. 1996, c. 177, s. 8; Ojferrce Act, R.S.B.C. 1996, c. 338, s. 132; Employment and Assistarrce Act, S.B.C. 2002, c. 40, s. 3S (2); Employment and Assistance for Persons with Disabilit~s Act, S.B.C. 2002, c. 41, s. 26 (2); Public Health Act, S.B.C. 2008, c. 28, SS. 111 and 115; Legislative Assembly Management Commillee Act, R.S.B.C. 1996, c. 258, s. 8; Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, s. 89; Prevention of Cruelty to Animals Act, R.S.B.C. 1996, c. 372, s. 26 (2) (d); Residential Tenancy Act, S.B.C. 2002, c. 78, s. 97 0Iher: OC 3070n4, OC 26'1/97, OC , OC , OC 774/99, OC , OC 1236/2003, OC , OC , OC October 30, 2015 Rl5 I pagelof9

2 ApPENDIX 1 GUIDE DOG AND SERVICE DOG REGULATION Definitions Contents PART 1- ISSUANCE AND RENEWAL OF CERTIFICATES 2 Issuance of guide dog team certificate or service dog team certificate 3 Renewal of guide dog team certificate or service dog team certificate 4 Dog trainer cettificate 5 Dog-in-training cettificate 6 Retired guide or service dog team certificate PART 2 - TERMS AND CONDITIONS OF CERTIFICATES 7 Contact infonnation 8 Guide dog team and service dog team cettificates 9 Dog trainer cenilicates 10 Dog-in-training certificates II Retired guide or service dog team certilicates PART 3 - CANCELLATION OF OR REFUSAL TO RENEW CERTIFICATES 12 Cancellation or refusal to renew 13 Notice Definitions 1 In this regulation: "Act" means the Guide Dog and Service Dog Act; "accredited training school" means an organization that provides trammg programs respecting guide dogs or service dogs and is accredited by one or both of the following organizations: (a) Assistance Dogs International; (b) International Guide Dog Federation; "BC guide dog and service dog assessment" means a Be guide dog and service dog assessment that is approved by the registrar and administered by the Justice Institute of British Columbia; "dog trainer certificate" means a cettificate referred to in section 5 (1) (c) of the Act; "dog-in-training certificate" means a certificate referred to in section 5 (I) (d) of the Act; "guide dog team certificate" means a certificate referred to in section 5 (I) (a) of the Act; "retired guide or service dog team certificate" means a certificate referred to in section 5 (I) (e) of the Act; "service dog team certificate" means a cenificate referred to in section 5 (1) (b) of the Act. page 2 of9

3 PART 1- ISSUANCE AND RENEWAL OF CERTIFICATES Issuance of guide dog team certificate or service dog team certificate 2 (I) In this section, "registered veterinarian" means an individual who is authorized under the Veterinarians Act to practise veterinary medicine. (2) The registrar must not issue a guide dog team certificate or a service dog team certificate unless (a) subject to subsection (3), the individual and the dog identified in the certificate have together successfully completed either (i) a guide dog or service dog training program, as the case may be, provided by an accredited training school, or (ii) a BC guide dog and service dog assessment, and (b) the dog has been spayed or neutered. (3) For the purposes of subsection (2) (a), (a) subject to subsection (4), a training program referred to in subsection (2) (a) (i) must be completed not more than 90 days before the date the application for issuance of the certificate is received by the registrar, and (b) a Be guide dog and service dog assessment referred to in subsection (2) (a) (ii) must be completed not more than 90 days after the date the application for issuance of the certificate is received by the registrar. (4) Subsection (3) (a) does not apply if the individual and the dog referred to in subsection (2) (a) do not reside in British Columbia. (5) If an individual and a dog that will be identified in a certificate referred to in subsection (2) have together successfully completed a training program referred to in subsection (2) (a) (i), the application for the issuance of the certificate must include or be accompanied by, in a form satisfactory to the registrar, (a) a photograph of the individual, and (b) written confirmation from the accredited training scbool that tbe individual and the dog together successfully completed the training program. (6) If an individual and a dog that will be identified in a certificate referred to in subsection (2) have not together successfully completed a training program referred to in subsection (2) (a) (i), the application for the issuance of the certificate must include or be accompanied by, in a form satisfactory to the registrar, (a) a photograph of the individual, (b) written confirmation from a medical practitioner or a nurse practitioner that the individual is a blind person or a person with a disability, as the case may be,and (c) written confirmation from a registered veterinarian that the dog has been spayed or neutered. (7) Subsection (2) does not apply to the issuance of a certificate under section 2 (2) (b) of the Act. page 3 of9

4 Renewal of guide dog team certificate or service dog team certificate 3 (I) The registrar must not renew a guide dog tearn certificate or a service dog tearn certificate unless, subject to subsection (2), the individual and the dog identified in the certificate have together successfully completed either (a) an assessment administered by an accredited training school, or (b) a Be guide dog and service dog assessment. (2) For the purposes of subsection (I), the assessment referred to in that subsection must be completed not more than 90 days before the date the application for renewal of the certificate is received by the registrar. (3) An application for the renewal of a guide dog tearn certificate or a service dog tearn certificate must include or be accompanied by, in a form satisfactory to the registrar, (a) a photograph of the individual who will be identified in the certificate, and (b) in the case of an individual and a dog that have together successfully completed an assessment referred to in subsection (I) (a), written confirmation from the accredited training school that the individual and the dog together successfully completed the assessment. (4) Subsection (1) does not apply to the renewal of a certificate referred to in section 12 (I) (a) (iii) or (b) (iii) of the Act or issued under section 12 (2) (b) of the Act Dog trainer certificate 4 (I) The registrar must not issue or renew a dog trainer certificate unless the individual who will be identified in the certificate trains dogs on behalf of an accredited training school for the purpose of the dogs becoming guide dogs Or service dogs. (2) An application for the issuance or renewal of a dog trainer certificate must include or be accompanied by, in a form satisfactory to the registrar, Dog-in-training certificate (a) a photograph of the individual who will be identified in the certificate, and (b) written confirmation from the accredited training school referred to in subsection (I) that the individual meets or continues to meet, as the case may be, the requirement described in that subsection. 5 (1) The registrar must not issue or renew a dog-in-training certificate in respect of a dog unless (a) the applicant is an authorized representative of an accredited training school, and (b) the dog is being, or will be, trained by a dog trainer on bebalf of the accredited training scbool for the purpose of the dog becoming a guide dog or a service dog. (2) An application for the issuance or renewal of a dog-in-training certificate must include or be accompanied by, in a form satisfactory to the registrar, written page4of9

5 conftrmation from the accredited!raining school referred to in subsection (I) (a) that the dog referred to in subsection (I) meets or continues to meet, as the case may be, the requirement described in subsection (I) (b). Retired guide or service dog team certhlcate 6 (I) An application for the issuance of a retired guide or service dog team certiftcate, in respect of an individual and a dog, must include or be accompanied by (a) a photograph, in a form satisfactory to the registrar, of the individual who will be identifted in the certiftcate, and (b) the guide dog team certificate or service dog team certiftcate, as the case may be, previously issued under section 6 of the Act in respect of the individual and the dog. (2) An application for the renewal of a retired guide or service dog team certificate must include or be accompanied by. in a form satisfactory to the registrar, a photograph of the individual who will be identifted in the certificate. PART 2 - TERMS AND CONDITIONS OF CERTIFICATES Contact information 7 It is a term and condition of every certificate that the holder of the certificate must, within 30 days after the occurrence, report to the registrar a change in the holder's name or mailing address. Guide dog team and service dog team certhical es 8 (I) It is a term and condition of every guide dog team certificate and service dog team certificate issued or renewed under section 6 of the Act that the holder of the certificate must, within 30 days after the occurrence, report the occurrence of the following to the registrar: (a) the dog identified in the certificate retires, dies or becomes permanently disabled; (b) the individual or the dog identifted in the certificate ceases to meet any of the conditions, qualifications or requirements imposed under the Act or this regulation; (c) in the case of a guide dog team certificate, the holder of the certificate does not require the assistance of a guide dog or the dog identified in the certiftcate is not able to perform the functions of a guide dog; (d) in the case of a service dog team certiftcate, the holder of the certificate does not require the assistance of a service dog or the dog identified in the certificate is not able to perform the functions of a service dog. (2) It is a term and condition of every guide dog team certificate and service dog team certificate issued or renewed under section 6 of the Act that, if required by the registrar on written notice to the holder of the certificate, the individual and the dog identifted in the certificate must, within the time specified by the registrar, together successfully complete either (a) an assessment administered by an accredited training school, or page 5 of9

6 Dog trainer certificates (b) a Be guide dog and service dog assessment. 9 It is a term and condition of every dog trainer certificate issued or renewed under section 6 of the Act that the holder of the certificate must, within 30 days after the occurrence, report to the registrar that the holder of the dog trainer certificate no longer trains dogs on behalf of the accredited training school referred to in the application for issuance of the certificate. Dog-In-tralning certificates 10 It is a term and condition of every dog-in-training certificate issued or renewed under section 6 of the Act that the holder of the certificate must, within 30 days after the occurrence, report to the registrar that the dog identified in the certificate has been permanently or indefinitely removed from the training program of the accredited training school referred to in the application for issuance of the certificate. Retired guide or service dog team certificates 11 It is a term and condition of every retired guide or service dog team certificate issued or renewed under section 6 of the Act that the holder of the certificate must, within 30 days after the occurtence, report to the registrar that the dog identified in the certificate has died or no longer resides with the holder of the certificate. PART 3 - CANCELLATION OF OR REFUSAL TO RENEW CERTlFICATES Cancellation or refusal to renew 12 (l) The registrar may cancel or refuse to renew a guide dog team certificate, a service dog team certificate or a dog-in-training certificate if the registrar is satisfied that the dog identified in the certificate acted or behaved, during the exercise of the right of entry and use specified in section 2 (I) of the Act, in a manner that threatened the safety of a person or another animal. Notice (2) The registrar may cancel a dog trainer certificate if the registrar is satisfied that the holder of the dog trainer certificate no longer trains dogs on behalf of the accredited training school referred to in the application for issuance of the certificate. (3) The registrar may cancel a dog-in-training certificate if the registrar is satisfied that the dog identified in the certificate is permanently or indefinitely removed from the training program of the accredited training school referred to in the application for issuance of the certificate. (4) The registrar may cancel or refuse to renew a certificate if the registrar is satisfied that false or misleading infonnation was provided to the registrar in support of the issuance of the certificate. 13 (I) Before cancelling a certificate under section 12 of this regulation or section 7 (1) (a) (i) or (ii) or (b) (i) or (iii) of the Act, the registrar must notify in writing the holder of the certificate that the registrar intends to cancel the certificate. page 6 of9

7 (2) Subsection (I) does not apply if (a) the registrar has reasonable grounds to believe that the guide dog. service dog or dog-in-training identified in the certificate poses a risk to the safety of persons or other animals. or (b) the holder of the certificate has not complied with section 7. APPENDIX 2 1 Scheduh 1 of Ihe Violation Ticket Administration and Fines Regulation, B. C. Reg. 89/97, is amended (a) in ilem 18 by adding the following paragraphs 10 Column 2: (i.ol) Guide Dog and Service Dog Act (m.l) Prevention of Cruelty to Animals Act, and (b) in item 13 by striking out eyerything in Column 2 and substituting the following: The provisions. referred to in Column 1 of Schedule 2, of the following enactments: (a) Body Armour Control Act and the Body Annour Control Regulation (b) Guide Dog and Service Dog Act (c) Prevention of Cruelty to Animals Act (d) Security Services Act and the Security Services Regulation. 2 Schedule 2 is amended by adding the following items as indicated: Victim Surchargencketed Provision Contravention Fine Levy Amount Guide Dog and Service Dog Act section 2 (2) (8) Interference with right of entry and use $250 $38 $288 section 2 (2) (b) Illegal fee for dog $250 $38 $288 section 3 (2) (a) Illegal denial of tenancy $250 $38 $288 section 3 (2) (b) Illegal term or condition of tenancy $250 $38 $288 section 4 False representation $100 $15 $115 section 7 (3) Failure to surrender certificate $50 $8 $58 Prevention of Cruelty to Animals Act section 23.1 (1) (a) Harm a service animal $250 $38 $288 section 23.1 (1) (c) Interfere with or obstruct a service animal $250 $38 $288 page 7 of9

8 ApPENDIX 3 Employment and Assistance Regulation 1 Section 62 of the Employment and Assistance Regulation, B.C. Reg , is repealed and the following substituted: Guide dog or service dog supplement 62 The minister may provide a supplement of $95 for each calendar month to or for a family unit that is eligible for income assistance or hardship assistance for the maintenance of a dog if the dog and a person in the family unit are a guide dog team, a service dog team or a retired guide or service dog team, as those terms are defined in section 1 of the Guide Dog and Service Dog Act. Employment and Assistance for Persons with Disabilities Regulotion 2 Section 60 of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg , is repealed and the fouowing substituted: Guide dog or service dog supplement 60 The minister may provide a supplement of $95 for each calendar month to or for a family unit that is eligible for disability assistance or hardship assistance for the maintenance of a dog if the dog and a person in the family unit are a guide dog team, a service dog team or a retired guide or service dog team, as those terms are defined in section 1 of the Guide Dog and Service Dog Act. Food Premises Regulation 3 Section 1 (1) of the Food Premises Regulation, B.c. Reg , is amended by repealing the definition of "guide animal". 4 Section 25 (2) (a) is amended by striking out "a guide animal" and substituting "a guide dog or a service dog, as defined in the Guide Dog and Service Dog Act,". Legislative Precinct Regulation 5 Section 7 of the Legislative Precinct Regulation, B.C. Reg , is amended (a) in subsection (1) (a) by striking out "meters" and substituting "metres", and (b) in subsection (3) by striking out "a guide animal as defmed in the Guide Animal Act" and substituting "a guide dog or a service dog, as defined in the Guide Dog and Service Dog Act,". pages of9

9 Manufactured Home Park Tenancy Regu/aJ;ion 6 Section 3 (1) of the Schedule to the Manufactured Home Park Tenancy Regulation, B.G. Reg , is amended by striking out "rights and restrictions under the Guide Animal Act" and substituting "Guide Dog and Service Dog Act". Pool Regulation 7 Section 12 of the Pool Regulation, B.G. Reg , is amended by striking out "a guide animal as defined in the Guide Animal Act" and substituting "a guide dog or a service dog. as defined in the Guide Dog and Service Dog Act". Prevention of Cruelty to Animals Regu/aJ;ion 8 The Prevention of Cruelty to Animals Regulation, B.G. Reg , is amended by adding the /o1jqwing section: Prescribed service animals 4 (I) In this section. "blind person". "dog trainer". "dog-in-training". "dog-in-training team". "guide dog". "guide dog team". "person with a disability". "service dog" and "service dog team" have the same meaning as in the Guide Dog and Service Dog Act. (2) An animal is prescribed as a service animal for the purposes of the Act if the animal is used as one of the following: Ca) as a guide dog by a blind person as part of a guide dog team; (b) as a service dog by a person with a disability as part of a service dog team; (c) as a dog-in-training by a dog trainer as part of a dog-in-training team. Residential Tenancy Regulation 9 Section 3 of the Schedule to the Residential Tenancy Regulation, B.C. Reg , is amended by striking out "rights and restrictions under the Guide Animal Act" and substituting "Guide Dog and Service Dog Act". page90f9