Commercial and Business Aviation Advisory Circulars

The Carriage of Service Animals in Canadian Commercial Airline Operations

PURPOSE

This Air Carrier Advisory Circular (ACAC) is intended to provide guidance and at the same time to remind air operators of their responsibilities concerning the carriage of service animals that accompany their users in the cabins of aircraft operated in Canadian commercial airline service.

BACKGROUND

General

A service animal is defined in the Canadian Transportation Agency’s Personnel Training for the Assistance of Persons with Disabilities Regulations as follows:

"service animal" means an animal that is required by a person with a disability for assistance and is certified, in writing, as having been trained to assist a person with a disability by a professional service animal institution;

A service animal is sometimes referred to as an "assistance animal". The majority of service animals are dogs; however, in some cases other animals, for example monkeys, have been trained to provide services for persons with a disability.

Service animals may be trained to guide a person with a visual impairment; alert a person with a hearing impairment; pull a wheelchair; carry and pick up articles for persons with mobility impairments; or to assist persons with mobility impairments with their balance.

Regulatory Requirements and Practices

Under the Air Transportation Regulations made pursuant to the Canada Transportation Act, the Canadian Transportation Agency regulates the terms and conditions of the domestic carriage of persons with disabilities in aircraft of 30 or more passenger seats. As of January 1, 1994 air operators have been required to offer uniform services to travelers with disabilities.

Part VII, section 149. of the Air Transportation Regulations states:

"1.  Subject to section 151, an air carrier shall accept a service animal for carriage without charge if the animal is

1. required by a person for assistance; and
   
   
2. certified, in writing, as having been trained to assist a person by a professional service animal institution.

2.  Where an air carrier accepts a service animal for carriage pursuant to subsection (1), the air carrier shall permit the animal, if the animal is properly harnessed in accordance with standards established by a professional service animal institution, to accompany the person on board the aircraft and to remain at the person’s passenger seat."

The Canadian Transportation Agency has also published a Code of Practice presenting minimum standards that air operators are expected to meet. The Code became effective on January 1, 1997, and within two years air operators are expected to meet most of the requirements of the Code.

Subsection 2.6 of the Code states:

"Each Class section of the passenger cabin of an aircraft, e.g. first class, business class, economy class, should have a number of passenger seats, other than exit row seats, that each provides enough floor space for a service animal to lie down."

Safety on board aircraft is the responsibility of Transport Canada and air operators are required to conduct their operations in accordance with the Canadian Aviation Regulations made pursuant to the Aeronautics Act. Nothing in the Air Transportation Regulations or the above referenced Code of Practice relieves air operators from complying with the provisions of any safety regulations made under the Aeronautics Act.

GUIDANCE

Acceptance of Service Animals

Air operators engaged in airline operations using aircraft with 30 or more passenger seats are required to permit dogs and other service animals used by individuals with a disability to accompany the person on a flight in accordance with the Air Transportation Regulations.

Where a service animal is traveling by air but is not accompanied by a person with a disability for whom it provides service animal functions, the animal must travel in accordance with the air operator’s general policies regarding the carriage of animals.

Criteria

1.  The animal must be required by the person for assistance.

The criteria is that the animal performs tasks or services for the person on a day-to-day basis. This does not imply that carriage is conditional upon the animal performing the tasks or services during the flight.

2.  The service animal must be certified, in writing, by a professional service animal institution as having been trained to assist a person.

For example, the organization called Canadian Guide Dogs for the Blind issues a letter certifying that both the dog and its user, who is also identified, have completed the training provided by the organization. Other service animal institutions may provide a certificate, a licence, identification papers for the animal or a letter of confirmation that training has been completed by the service animal.

The air operator may obtain verbal confirmation that the animal is certified as a trained service animal. A request to see the certification document may also be made if there is doubt that the animal is a properly trained service animal.

3.  The animal must be properly harnessed in accordance with standards established by a professional service animal institution.

Typically the harness worn by a guide dog is one which incorporates a handle that enhances the animal’s ability to guide the visually impaired person. Often service animals wear a special collar or a patch attached to their harness that indicates the animal is ‘on duty’.

Where all of the foregoing acceptance criteria are met, the air operator shall permit the animal to accompany the person on board the aircraft and to remain at the person’s seat.

On Board Placement

It is incumbent upon the air operator to ensure that the seats assigned to service animal users, and particularly guide dog users, have adequate space to accommodate the dog or other service animal.

The air operator must ensure that compliance with safety regulations such as Canadian Aviation Regulation (CAR) 705.40 is not jeopardized as a result of the seat assignment.

The properly harnessed animal must be allowed to accompany the passenger with a disability at any seat that the passenger uses. The exception would be where the presence of the animal in that location would impede or obstruct access to required emergency or safety equipment, and/or impede or obstruct access by any person to an emergency exit, and/or interfere with the ability of a crew member to carry out his/her assigned duties in an emergency evacuation. (Refs. CARs 705.40; and 705.134). An example of the latter situation would be where the flight attendant must assess an exit’s exterior conditions through a cabin window that is adjacent to the exit.

In most cases trained service animals will occupy the space that is available. On occasion, due to the size of the service animal or the limited amount of usable floor space at the passenger seat, it may prove impossible for the service animal to be properly placed at the selected seat location. In such circumstances the passenger accompanying the service animal must be provided with the opportunity to move to a seat location, if such is present on board, where the animal can be accommodated without creating an impediment or obstruction.

If there is no place in the cabin where a service animal can be located without causing an impediment or obstruction as outlined above, the animal shall not be permitted to travel in the cabin. In order to prevent such a situation it is expected that air operators will make every effort to accommodate passengers traveling with service animals. This can best be assured by prompt implementation of the aforementioned Canadian Transportation Agency’s Code of Practice concerning "Seats with floor space to accommodate a service animal".

In Flight

During flight the service animal must remain harnessed and under the control of the user.

Depending on the aircraft configuration, seats at emergency exits or in emergency exit rows may have more leg room or foot space or there may be a vacant area adjacent to these seat(s) and the emergency exit. Air operators are reminded of paragraph 705.40(1)(d) of the CARs and cautioned against relocating passengers with service animals to these seats for the cruise portion of flight. Circumstances prior to descent (e.g. turbulence, in-flight emergency) may prevent the passenger and service animal from safely returning to the assigned seat for landing.

The in-flight care and supervision of the animal is solely the responsibility of the user. The individual is trained in the use of the service animal and is responsible for all its handling.

To avoid accidental injury, care should be taken to ensure that the animal’s extremities are not protruding into the aisle at any time. Air operator personnel should also be aware that an ‘on duty’ service animal should not be petted or spoken to except by its owner.

ACTION

Air operators are requested to ensure that the foregoing information is included, as applicable, in appropriate parts of the operator’s personnel training programs and company operations manual.

CONCLUSION

This ACAC provides guidance and reminds air operators of their responsibilities concerning the carriage of service animals traveling with persons with disabilities in the cabins of aircraft operated in Canadian commercial airline service.

A.J. LaFlamme
Director
Commercial and Business Aviation