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Ontario Security Guard Licence Exam Prep · Question

A security guard is working at a sports arena where a local by-law prohibits the use of mobility scooters inside the building due to fire safety evacuation routes. A patron arrives on a mobility scooter and presents a physician's note stating it's necessary for their mobility. What takes precedence in this situation?

Section 47(2) of the Ontario Human Rights Code states that if a provincial Act or municipal by-law conflicts with the Code, the Code prevails unless the Act or

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Question: A security guard is working at a sports arena where a local by-law prohibits the use of mobility scooters inside the building due to fire safety evacuation routes. A patron arrives on a mobility scooter and presents a physician's note stating it's necessary for their mobility. What takes precedence in this situation?

Answer options:

  • The local by-law, as fire safety is paramount. ✅ The Ontario Human Rights Code, which requires accommodation for disability.
  • The discretion of the arena management to make a decision based on the specific event.
  • The physician's note, as it provides medical justification.

Correct answer: The Ontario Human Rights Code, which requires accommodation for disability.

Explanation: Section 47(2) of the Ontario Human Rights Code states that if a provincial Act or municipal by-law conflicts with the Code, the Code prevails unless the Act or by-law specifically states it applies despite the Code. Therefore, the Code's duty to accommodate disability would take precedence over a general by-law.

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