Emotional support animals (ESA) have been deemed helpful in aiding individuals suffering from various mental and physical disabilities. They are not the same as regular pets because they are part of medical treatment programs. 

People with these disabilities often experience discrimination. Thankfully, some laws protect them from unfair treatment. As a landlord, you must not discriminate against people with disabilities by denying them housing. You have to make sure that you accommodate them the same way you accommodate tenants with no disability, including their ESAs. 

Canadian laws protecting ESAs vary depending on the province. These laws often work together with laws that protect individuals with disabilities from discrimination. Rental agents like yourself must know these rules as well. You have to market your properties in a way that does not exclude ESAs. 

In a previous article, we have discussed the rules in Alberta, British Colombia, Manitoba, and Ontario. This article will cover other provinces.

Saskatchewan

In Saskatchewan, service animals are animals that have undergone specialized training in assisting a person with a disability. The Saskatchewan Human Rights Code requires that individuals with disabilities must be accommodated. 

Housing complaints will be accepted and investigated by The Saskatchewan Human Rights Commission if the complainant has provided sufficient medical evidence to prove that an ESA is necessary for housing.

“No-pets policy” in a rental home or condominium housing will not apply to ESAs, provided that the person can establish proof that the ESA is necessary. For pets, landlords in Saskatchewan are allowed to collect a pet deposit as part of the security deposit. It will be refundable at the end of the tenancy. The entire security deposit should not be more than a month’s worth of rent.

New Brunswick

The New Brunswick Human Rights Commission prohibits housing providers from:

• Refusing to rent or sell to an individual who depends on a service animal
• Only permitting services animals that are certified and registered

The only reason for a housing provider to not accommodate a person assisted by a service animal is if doing so would lead to undue hardship to the housing provider. 

If an animal is part of a person’s disability treatment plan, it may still be protected under the Act even if it is not a service animal. For instance, it is simply an emotional support, companion, or therapy animal. 

Currently, there are no laws in New Brunswick that allow or disallow landlords from charging a pet security deposit. 

Newfoundland and Labrador

Bill 17 is an access act for individuals with service animals in Newfoundland and Labrador. Service animals are defined in Bill 17 as “an animal trained to assist a person with a disability and having the qualifications prescribed by the regulations and used by a person with a disability.”

It must either be apparent that the animal is used by the individual for his or her disability or the person with a disability can provide a confirmatory letter from a doctor or any person or group prescribed in the regulations that the service animal is necessary.

The Newfoundland and Labrador Residential Tenancy Act also prohibits landlords from collecting a separate security deposit for pets. 

Nova Scotia

For actively working service dog teams, dog-in-training teams, and retired service dog teams, the Nova Scotia Service Dog Act applies.

However, the Act does not protect pets, ESAs, or therapy animals. This is because usually, they have limited to no formal training. The Act is specific about the certification and identification standards of such dogs. 

Landlords in Nova Scotia are prohibited to charge an additional deposit for pets. Furthermore, the total amount of the security deposit should not be more than half a month’s rent. 

Prince Edward Island

Currently, P.E.I. does not have any legislation defining service animals, their qualification, or any process of licensing them. However, charging pet deposits is prohibited in the province.

The more you know about rental laws, the more you can avoid lawsuits and succeed as a rental agent. When you publish listings on websites like Padleads that can provide you with a vast market reach, your listing should not contain discriminatory language. Being sensitive to the needs of different kinds of tenants will help you gain more leads and increase your chances of closing deals.