Court Overturns Rule Requiring Air Canada to Separate Dogs From Allergic Passengers

The Canadian Transportation Ministry has been ordered to take a second look at separating dogs and allergic passengers.

Dogs flying Air Canada will have their day on aircraft once again thanks to a court order requiring the Canadian Transportation Agency (CTA) to reconsider a rule that separates dogs from passengers who identify as having an allergy to them. The Canadian Press reports the Canadian Federal Court of Appeal sent the rule back to the CTA, suggesting that the premise on which it was founded is baseless.

The original ruling, established in 2013, required Air Canada to buffer passengers flying with dogs from those who identify as allergic to dogs. On aircraft not equipped with a HEPA-filtration system, non-service dogs were not allowed onboard if someone in the cabin identified themselves as allergic, forcing passengers to be rebooked on another flight. In situations where flyers have service dogs they need to bring onboard with them, Air Canada gave boarding priority to the dogs and owners if they booked their tickets before somebody who identifies as having an allergy.

In an appeal, Air Canada claimed that the policy puts the flag carrier in a position to potentially discriminate against passengers with service animals, which would be in violation of U.S. regulations. The airline also argued that dog dander is not as easily circulated as cat dander, requiring a less strict approach.

“The agency determined important issues, not only for the applicant and all those having dog allergies, but also for Air Canada,” Justice Marc Nadon wrote on behalf of the Canadian Federal Court of Appeal. “It did so without the benefit of any real evidence being adduced by the parties and, more particularly, by Air Canada.”

The CTA will review the ruling, and there is no set timeline for when the new rules would go into effect. The agency’s decision will not affect rules for cats. Currently, all Canadian operators will still be forced to maintain a five-row distance between cats onboard and those allergic to cats.

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