Persons with dual diagnosis, defined as having both mental health needs and developmental disabilities, can have significant problems accessing appropriate and integrated care. It was hypothesized that jurisdictions across Canada would be lacking in legislation and policy regarding care for dual diagnosis. A legislative scan was performed, encompassing statutes and regulations, followed by a search of government ministerial Web sites to identify policy; relevant persons within ministries were contacted for clarification and further information. Findings indicated that no province or territory within Canada currently has legislation regarding dual diagnosis; four have policies addressing dual diagnosis care. Some policies exclude people with disabilities from qualifying as having a psychiatric disorder, and some policies exclude people with certain types of psychiatric disorders. The patchwork of regional legislation and policy in Canada suggests that dual diagnosis care would be better facilitated if rights to such were enshrined within legislation. Ratification by Canada of the UN Convention on the Rights of Persons with Disabilities and a national mental health strategy provide a new policy context that is worth monitoring in relation to rectifying the current situation. (Contains 2 footnotes and 5 tables.)