Air Canada stuck in allergy conundrum
Two rulings conflict
OTTAWA — Air travellers who need to fly with an “emotional support animal” make it impossible for Air Canada to comply fully with a Canadian Transportation Agency ruling to ban cats in the cabin in some aircraft to accommodate customers with severe cat allergies, Canada’s largest airline says.
In a submission to the government agency overseeing traveller complaints, Air Canada characterizes the situation as one of “conflicting ‘ disabilities’ between a person with a disability by reason of their allergy to cats and a person with a disability having a cat as an emotional support animal.”
Last month, the agency said Air Canada could either ban cats from aircraft cabins or provide a cat- free buffer zone with upgraded air circulation if there is a passenger with a designated disability arising from their cat allergy on a flight. The agency, however, stipulated that the second option was not feasible for the Dash- 8 planes flown by Air Canada’s partner Jazz because the aircraft could not provide fully non- recirculated fresh air.
The “means of providing accommodation” were presented to Air Canada and Jazz in December flowed from a 2010 ruling, which stated some customers suffering from cat allergies are disabled and must be accommodated. At the time, the agency said it would take the time to determine “appropriate accommodation” for the allergic passengers.
There’s a new wrinkle, says Air Canada in its response to last month’s ruling.
Air Canada says that with the exception of its Dash- 8 fleet, it is “prepared to implement the accommodation suggested by the agency” — namely, to upgrade the air quality and to create a cat- free buffer zone of five rows between a person with a disability as a result of their cat allergy and cats carried as pets in the cabin.
With its Dash- 8 fleet, Air Canada said cats who are deemed as pets would not be carried when there is a passenger “with a demonstrated allergy to cats that amounts to a disability.”
But a ban on a cat classified as an emotional support animal on Dash- 8 flights could put the airline “in breach of other legislative requirements.”
Unlike in Canada, a U. S. law about the non- discrimination of persons with disabilities in the transportation network recognizes all “emotional support” or “psychiatric- support” animals as service animals, except for snakes and other reptiles, ferrets, rodents and spiders.
“These animals need not have received any formal training. Although cats usually cannot be trained as a service animal [ the adage: ‘ you cannot herd cats’], they often are used as emotional support animals,” states Air Canada’s submission.
The U. S rule applies to all flights of American carriers, and flights to and from the U. S. operated by a foreign carrier. It also applies to all domestic and international flights operated by Air Canada that are codeshared with United Airlines or Continental Airlines.
Air Canada says “most” of its flights fall into this category and, as an operating carrier of a United or Continental marketed flight, it “often” has to transport cats as emotional support animals.
Air Canada also points out that any passenger requiring to travel with such an animal does not need to provide advance notice but requires a note from a certified mental- health professional who is treating them.
“The Agency has determined that cats cannot be carried on a Dash- 8 aircraft when there is a person with a disability by reason of an allergy to cats on that flight.” In such cases Air Canada would establish a process of prioritization, according to its submission.