If you live in New Brunswick and rely on an emotional support animal (ESA) to manage symptoms of anxiety, depression, PTSD, or another mental health condition, understanding your legal rights is essential. New Brunswick provides housing protections for ESAs through the Human Rights Act, ensuring residents with disabilities can live with their emotional support animals despite “no pets” policies.
This comprehensive guide explains New Brunswick’s ESA laws, housing protections under the Human Rights Act, how to obtain a legitimate ESA letter from a licensed mental health professional, and crucial information about where ESAs are and aren’t permitted.
⚠️ Important: ESAs Are Explicitly Protected in New Brunswick
The New Brunswick Human Rights Commission’s official “Guideline on Accommodating People with Service Animals” specifically states: “Similarly, emotional support animals (ESAs) are also protected under human rights law” when required for disability-related treatment.
⚠️ Warning: No Official ESA Registration or Certification Exists
Companies selling “ESA registration” or “ESA certification” in New Brunswick are fraudulent. The only legally valid documentation is an ESA letter from a licensed New Brunswick mental health professional.
Quick Facts: New Brunswick ESA Rights
- Housing protections: ESAs are protected under the New Brunswick Human Rights Act (Chapter H11) through duty to accommodate
- “No pets” clauses ARE enforceable for regular pets, but NOT for ESAs with proper documentation
- No separate pet deposits: New Brunswick law prohibits separate pet deposits, only one security deposit of up to one month’s rent is allowed
- Breed and size restrictions don’t apply: ESAs cannot be denied based on breed, weight, or age when properly documented
- No public access rights: ESAs do NOT have automatic access to restaurants, stores, or public places
- Air travel protections limited: Following 2023 Canadian Transportation Agency changes, most airlines now treat ESAs as regular pets
- No workplace guarantees: Employment access depends on employer discretion and individual accommodation requests
- Disputes handled by Residential Tenancies Tribunal: ESA housing disputes are resolved through the New Brunswick Residential Tenancies Tribunal
CertaPet is Fully Compliant with New Brunswick ESA Law
- Licensed New Brunswick mental health professionals
- Fast digital delivery
- 100% money-back guarantee
What is an Emotional Support Animal in New Brunswick?
An emotional support animal (ESA) in New Brunswick is any pet that provides therapeutic benefits to individuals with mental health or emotional disabilities through its presence and companionship.
Unlike service dogs, ESAs do not require specialized training to perform specific disability-related tasks. Their therapeutic value comes from the comfort, stability, and emotional relief they provide simply by being present.
Important distinction: An ESA is NOT a service animal. Service animals are trained to perform specific tasks related to a person’s disability and may have different legal protections.
New Brunswick ESA Laws: Provincial Protections
New Brunswick Human Rights Act (Chapter H11)
The New Brunswick Human Rights Act is the primary legal framework protecting ESAs in the province. Section 5 of the Act prohibits discrimination based on disability in housing accommodations.
Critical Document: The New Brunswick Human Rights Commission published an official “Guideline on Accommodating People with Service Animals” (HRC-CDP201702) that explicitly addresses emotional support animals:
“In New Brunswick, any animal trained to assist a person with a disability can be considered a service animal under the Act, and there is no requirement for professional certification or special vests or harnesses. Similarly, emotional support animals (ESAs) are also protected under human rights law.“
This guideline clarifies that ESAs fall under the duty to accommodate framework when they are part of a disability-related treatment program.
Key Principle: Housing providers (landlords, property managers, condominium corporations) have a duty to accommodate tenants with disabilities who require ESAs, even when “no pets” clauses exist in the lease.
Residential Tenancies Act
New Brunswick’s Residential Tenancies Act governs landlord-tenant relationships and differs significantly from Ontario’s approach to pets.
Critical Difference from Ontario:
- Ontario: All “no pets” clauses are automatically void under the Residential Tenancies Act
- New Brunswick: Landlords CAN include “no pets” clauses in lease agreements, and these clauses ARE enforceable for regular pets
However: “No pets” clauses do NOT apply to service animals or emotional support animals required due to disability. Human rights law overrides tenancy law in these cases.
What this means for ESA owners:
- You cannot be denied housing or evicted solely for having an ESA with proper documentation
- You must request reasonable accommodation under the Human Rights Act
- Landlords must accommodate unless it would cause “undue hardship”
New Brunswick Residential Tenancies Tribunal
The Residential Tenancies Tribunal is the official body that handles landlord-tenant disputes in New Brunswick, including conflicts related to ESAs.
The Tribunal’s Role:
- Investigates complaints
- Works to settle conflicts between landlords and tenants
- Issues binding orders
- Upholds and enforces the Residential Tenancies Act
- Administers security deposits
For ESA disputes: The Tribunal evaluates whether landlords have fulfilled their duty to accommodate tenants with disability-related needs for ESAs.
Federal Travel Protections
Accessible Transportation for Persons with Disabilities Regulations (ATPDR)
Following Canadian Transportation Agency Decision No. 105-AT-C-A-2023 (June 2023), ESA air travel protections have been significantly restricted.
Current Status: Most airlines now treat ESAs as regular pets with applicable fees and size restrictions. Always confirm current airline policies before booking.
Where ESAs Are NOT Protected in New Brunswick
- Public spaces: Restaurants, grocery stores, shopping malls, retail stores
- Public transportation: Buses (unless specific transit policies allow)
- Hotels and motels: Unless pet-friendly policies exist
- Workplaces: No automatic protections; accommodation requests are case-by-case
- Healthcare facilities: Hospitals and clinics can restrict animal access for health and safety
- Educational institutions: Universities and colleges may have separate accommodation processes
Who Can Issue an ESA Letter in New Brunswick?
Your ESA letter must be issued by a healthcare provider licensed to practice in New Brunswick. According to the New Brunswick Human Rights Commission guidelines, acceptable professionals include:
✅ Licensed Mental Health Professionals
- Registered psychologists
- Licensed counseling therapists and psychotherapists
- Clinical social workers
- Registered psychiatric nurses
✅ Medical Professionals
- Physicians (MD)
- Psychiatrists
- Nurse practitioners
Critical Requirement: The provider must be licensed and actively practicing in New Brunswick. Out-of-province providers cannot issue valid New Brunswick ESA letters unless the letter was obtained while you were physically located in that province.
You can verify licensed professionals through the College of Physicians and Surgeons of New Brunswick at cpsnb.org.
Therapeutic Relationship Requirement
New Brunswick does not require a specific minimum therapeutic relationship period However, the healthcare provider must have direct knowledge of your disability and the disability-related need for the animal through a legitimate therapeutic relationship involving proper clinical evaluation.
According to the NB Human Rights Commission: The provider must be able to confirm that the ESA is required as part of your disability-related treatment program.
Important: Services promising “instant ESA letters” without proper clinical evaluation produce fraudulent documentation that landlords can legally reject.
What Must a New Brunswick ESA Letter Include?
A legally valid New Brunswick ESA letter should contain:
- Provider’s official letterhead with practice name and address
- Provider’s full name, credentials, and license information
- License type (e.g., Registered Psychologist)
- License number
- Province of licensure (must be New Brunswick)
- Contact information for verification
- Date of issuance
ESA letters are valid for 12 months from the issue date - Your name (as the person qualifying for the ESA)
- Statement confirming disability
Confirmation that you have a mental or emotional disability recognized under the Human Rights Act (specific diagnosis not required) - Statement about the animal’s therapeutic role
Explanation that the animal is required as part of your disability-related treatment program and helps alleviate symptoms - Confirmation of therapeutic relationship
Statement that the provider has knowledge of your condition gained through a therapeutic relationship
What the letter should NOT include:
- Specific psychiatric diagnosis
- Details about symptoms or treatment approaches
- Private medical records or treatment history
Landlords can request verification that the letter is legitimate and that you have a disability requiring accommodation, but they cannot demand private medical details about your specific condition.
How to Get an ESA Letter in New Brunswick
Follow these steps to obtain a legally valid New Brunswick ESA letter:
Step 1: Find a New Brunswick-Licensed Mental Health Professional
You can:
- Request an ESA evaluation from your current therapist or doctor (if licensed in New Brunswick)
- Use a legitimate online telehealth service like CertaPet that connects you with New Brunswick-licensed professionals
- Seek referrals from your family doctor
- Contact the College of Physicians and Surgeons of New Brunswick for licensed provider listings
Avoid: Instant online ESA certificates, ESA registries, or any service that doesn’t conduct a real evaluation with a licensed New Brunswick provider.
Step 2: Complete a Clinical Evaluation
The licensed mental health professional will assess:
- Whether you have a mental or emotional disability recognized under the Human Rights Act
- Whether an ESA is necessary as part of your treatment program
- Whether having an animal is appropriate and reasonable for your living situation
- How the specific animal helps alleviate symptoms of your disability
This evaluation can be conducted via telehealth (phone or video) or in-person.
Step 3: Receive Your ESA Letter
If approved, the mental health professional will issue your ESA letter on their official letterhead. Most reputable online services provide:
- Electronic PDF version (immediately)
- Printable copy
- Hard copy via mail (upon request)
Step 4: Request Accommodation from Landlord
For Housing:
- Provide your ESA letter to your landlord or property manager
- Make a formal accommodation request under the New Brunswick Human Rights Act
- Explain that you require the ESA as a disability-related accommodation
- Be prepared to engage in the accommodation process
Important: Even if your lease contains a “no pets” clause, this does NOT apply to your ESA when you have proper documentation and a legitimate disability-related need.
Step 5: Maintain Current Documentation
ESA letters expire after 12 months. Schedule a renewal consultation with your New Brunswick-licensed mental health professional before your letter expires to maintain continuous housing protections.
New Brunswick ESA Housing Rights Explained
How “No Pets” Clauses Work with ESAs
Unlike Ontario (where all no-pet clauses are void) but similar to most other provinces, New Brunswick allows landlords to include and enforce “no pets” clauses in rental agreements.
HOWEVER: These clauses do NOT apply to ESAs required due to disability.
According to the New Brunswick Human Rights Commission guideline:
“Even if a tenant or purchaser agrees to not keep animals or pets in the unit, such a requirement is unenforceable in relation to service animals [including ESAs].”
What this means:
- You cannot “contract out” of your human rights protections
- A “no pets” clause in your lease doesn’t prevent you from having an ESA
- You must request reasonable accommodation
- Landlords must accommodate unless it causes “undue hardship”
What Landlords MUST Do
Under the New Brunswick Human Rights Act’s duty to accommodate, landlords must:
✅ Consider ESA accommodation requests in good faith
✅ Accept properly documented ESAs even with “no pets” policies
✅ NOT charge separate pet deposits for ESAs
✅ Waive breed, size, and weight restrictions for ESAs
✅ Engage in the accommodation process
✅ Keep your medical information confidential
✅ Ensure staff are trained on human rights obligations regarding service and support animals
What Landlords CANNOT Do
❌ Automatically refuse ESAs based on “no pets” clause
❌ Charge separate pet deposits (only ONE security deposit of up to one month’s rent is allowed in NB)
❌ Apply breed-specific restrictions to ESAs
❌ Enforce weight or size limits on ESAs
❌ Request detailed medical records or specific diagnosis
❌ Deny housing solely because of your ESA (when properly documented)
❌ Retaliate against you for requesting accommodation
Security Deposits in New Brunswick
Critical Rule: New Brunswick law allows landlords to collect ONLY ONE security deposit of up to one month’s rent, regardless of whether you have pets or ESAs.
This means:
- No separate “pet deposits” are legal in New Brunswick
- No additional “ESA deposits” can be charged
- The single security deposit covers all potential damages, including those caused by your ESA
Important: While landlords cannot charge extra deposits for ESAs, you remain financially responsible for any actual damage your ESA causes. Landlords can deduct documented damages from your regular security deposit after you move out.
“Undue Hardship” Standard
Landlords can deny an ESA accommodation request only if it would cause “undue hardship”—a high legal threshold.
Legitimate grounds for denial:
- Direct threat to safety: The animal demonstrates aggressive behavior, has bitten someone, or poses a genuine documented safety risk
- Substantial property damage: The animal has caused or is causing excessive damage beyond normal wear and tear
- Severe allergic reactions: Another tenant has a documented severe medical allergy (landlord must provide medical evidence)
- Fundamental alteration: The accommodation would fundamentally alter the nature of the housing (extremely rare)
NOT legitimate grounds for denial:
- General preference for pet-free environment
- Fear of specific breeds
- Assumption that ESA will cause problems
- Convenience or administrative burden
- Financial cost of accommodation (unless extreme)
What If My Landlord Denies My ESA?
If you believe your ESA accommodation request has been wrongfully denied:
- Request written denial with specific reasons
- Contact your mental health professional who issued the letter for support
- File a complaint with the New Brunswick Human Rights Commission using the official Human Rights Complaint Form
- Contact the Residential Tenancies Tribunal (1-888-762-8600 or visit an Access NB location)
- Use Form 1 (Application for Assistance) to start a dispute resolution process
- Consult an attorney specializing in human rights or housing discrimination
- Document everything: Keep all written communications with your landlord
Contact Information:
- New Brunswick Human Rights Commission: File discrimination complaints
- Residential Tenancies Tribunal: 1-888-762-8600 (toll-free)
- Access NB Locations: In-person assistance across the province
New Brunswick Residential Tenancies Tribunal: Your Ally
The Residential Tenancies Tribunal serves both landlords and tenants and can help resolve ESA-related disputes.
What the Tribunal Does:
- Investigates complaints about ESA denials
- Mediates between landlords and tenants
- Issues binding orders
- Enforces compliance with the Residential Tenancies Act and Human Rights Act
- Manages security deposit disputes
How to Use the Tribunal:
- Start with Form 1: Application for Assistance
- Describe the issue: ESA denial or discrimination
- Provide documentation: Your ESA letter, written denial, communications
- Attend hearing: Present your case
- Receive decision: Tribunal issues binding order
Important: There is NO legal aid for tenancy issues in New Brunswick, so you must represent yourself or hire private counsel.
New Brunswick ESA Travel Rights
Flying with Your ESA in Canada
The Canadian Transportation Agency’s Accessible Transportation for Persons with Disabilities Regulations (ATPDR) protects emotional support dogs (ESDs) under specific circumstances.
Important Distinction: Only emotional support dogs* are protected under ATPDR. Other ESA species (cats, rabbits, etc.) are subject to individual airline pet policies.
Requirements for Air Travel:
- Valid ESA letter from New Brunswick licensed mental health professional
- 48-hour advance notice to airline
- Animal must be well-behaved and under control
- May need to provide vaccination records
- ESAs need to fit in airline approved carriers, always verify with the company you’re traveling with what the specifications are.
Airlines Operating in New Brunswick:
- Air Canada
- WestJet
- Porter Airlines
- Others (check specific airline ESA policies)
Note: Some airlines now treat ESAs as regular pets with associated fees. Always confirm current policies before booking.
Common ESA Scams in New Brunswick
Red Flags to Avoid
🚩 Providers not licensed in New Brunswick
ESA letters must come from professionals licensed to practice in New Brunswick.
🚩 “Free ESA letters”
Real clinical evaluations have associated professional fees.
🚩 “ESA Registration” or “ESA Certification”
No official registry exists for ESAs in Canada. These have no legal value.
🚩 Instant approval with no evaluation
Legitimate ESA letters require real clinical evaluation with a licensed New Brunswick professional.
🚩 Generic templates or certificates
Legitimate ESA letters are on official professional letterhead with license verification information.
🚩 No provider contact information
Valid letters include full license details for verification.
How to Verify Legitimacy
✅ Confirm provider is licensed in New Brunswick via College of Physicians and Surgeons
✅ Ensure you have a real consultation (phone, video, or in-person)
✅ Verify letter includes all required elements
✅ Check letter is on official professional letterhead
✅ Confirm provider’s license is current and in good standing
Can I use an ESA letter from another province?
If you recently moved to New Brunswick and have a current ESA letter from another Canadian province, you may continue using it until it expires. Once expired, you must obtain a new letter from a New Brunswick-licensed provider.
Do I need to register my ESA in New Brunswick?
No. There is no official ESA registration in New Brunswick or anywhere in Canada. ESA registration services are scams.
Can my landlord charge me a pet deposit for my ESA?
No. New Brunswick law prohibits separate pet deposits entirely—landlords can only collect ONE security deposit of up to one month’s rent, regardless of pets or ESAs.
My lease has a "no pets" clause. Can I still have my ESA?
Yes. “No pets” clauses do not apply to ESAs required due to disability. You must request reasonable accommodation under the Human Rights Act.
Can I bring my ESA into restaurants and stores?
No. ESAs do NOT have public access rights in New Brunswick. Only trained service animals may access public places.
What if my condo corporation has a no-pet rule?
Condominium corporations must accommodate ESAs under the Human Rights Act when you have valid documentation and make a proper accommodation request.
Can I have multiple ESAs?
Possibly. Some individuals require multiple emotional support animals. Each ESA should be documented with a valid ESA letter explaining the specific therapeutic role.
What species can be ESAs in New Brunswick?
Common domestic animals (dogs, cats, rabbits, birds, etc.) are typically accepted. Exotic or wild animals may face additional scrutiny regarding reasonableness of accommodation.
Do ESAs need training in New Brunswick?
No formal training is required. However, your ESA must meet basic behavior standards (housebroken, non-aggressive, under control).
Can I bring my ESA to work?
ESAs do not have automatic workplace protections. You would need to request accommodation from your employer under human rights legislation.
Is CertaPet legitimate in New Brunswick?
Yes. CertaPet connects New Brunswick residents with licensed mental health professionals practicing in the province for legitimate ESA evaluations. All letters comply with New Brunswick Human Rights Act requirements.
No pet deposit