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Canadian Transportation Agency Decision Ensures Sufficient Space for Service Animals

The Canadian Transportation Agency issued a decision on June 20, 2008 ordering Air Canada and Air Canada Jazz to ensure sufficient floor space is provided for certified service animals at the person with a disability's seat.

Today's Decision continues to ensure equal access to the federal transportation network for persons with disabilities, regardless of the nature of the disability.

Traveling in a very constrained position has negative implications for a service animal which may impact on its ability to function and which may negatively impact a person's well-being and increase the risk of injury, and therefore has safety implications for both the individual and the service animal.

The Decision applies only to the travel of certified service animals within Canada on Air Canada and Air Canada Jazz aircrafts with 30 or more seats.

A service animal is any guide dog, assistance dog, or other animal professionally trained and certified to provide assistance to an individual with a disability.

In accordance with section 149 of the Air Transportation Regulations, a carrier must accept a service animal for carriage at no additional cost to accompany a person on board an aircraft and permit the animal to remain on the floor at the person's passenger seat.

Generally some discomfort may be caused when sharing seating floor space with service animals. However, in some instances additional space is required to prevent extreme discomfort to either the passenger or the animal. The need for additional floor space could be due to factors such as the configuration of the aircraft, the size of the animal and/or the duration of the flight.

While Air Canada and Air Canada Jazz have provided sufficient space for service animals in many instances, the carriers only confirm sufficient space accommodation without additional cost just prior to departure and are subject to space availability, thereby creating undue obstacles.

The Agency has ordered both carriers to take the following corrective measures within 90 days in order to remove undue obstacles to persons traveling with a service animal: