Evidence of meeting #42 for Health in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was air.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Diane Bergeron  Guide Dog User, As an Individual
Mary Allen  Chief Executive Officer, Allergy/Asthma Information Association
Jill Frigon  Registered Nurse, Health Initiatives Coordinator, Canadian Lung Association
Thomas Kovesi  Pediatric Respirologist, Children's Hospital of Eastern Ontario, Canadian Thoracic Society
Robert Schellenberg  Head, Division of Allergy and Immunology, Department of Medicine, University of British Columbia, Canadian Thoracic Society
Jennifer Schenkel  Director, Communications, Canadian Lung Association
Joan MacDonald  Director General, Dispute Resolution Branch, Canadian Transportation Agency
David Butler-Jones  Chief Public Health Officer, Public Health Agency of Canada
Shelagh Jane Woods  Director General, Primary Health Care and Public Health Directorate, First Nations and Inuit Health Branch, Department of Health
Elaine Chatigny  Director General, Communications, Public Health Agency of Canada

4 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

4 p.m.

Liberal

Alexandra Mendes Liberal Brossard—La Prairie, QC

Why would it vary?

4 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

In Canada, particularly, carriers are free to set those terms and conditions of carriage, subject to their being just and reasonable. Occasionally we will receive complaints from air travellers saying that a particular tariff condition is not reasonable, and the agency will hear that complaint.

On the accessibility side, we will hear complaints from persons with disabilities who will encounter problems while travelling. We will hear those as well.

4 p.m.

Liberal

Alexandra Mendes Liberal Brossard—La Prairie, QC

From those who have allergies, I imagine.

4:05 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

Well, that's where we get into the determination of whether a person who has an allergy is a person with a disability for the purposes of our act and applying the legislation.

4:05 p.m.

Liberal

Alexandra Mendes Liberal Brossard—La Prairie, QC

I just find it very difficult to understand.

I would imagine that if somebody is travelling with a pet, it's because that person is going for an extended period of time and needs to carry the pet with them to wherever they're going. If they can't transport them either by cargo or by baggage, or with them in the cabin, how are they going to transport the animals? I think bus transportation and train transportation allow for pets, as far as I know.

4:05 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

There are various options for an air traveller. If, for example, the airline does not allow pets in the cabin, it may allow pets in the baggage compartment. For those airlines that don't, sometimes there are strictly cargo carriers, so an individual could always ship their animal on a cargo carrier or find another airline.

4:05 p.m.

Liberal

Alexandra Mendes Liberal Brossard—La Prairie, QC

What happens with other transportation means such as trains and buses? What are the rules there?

4:05 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

That possibly might be an option for them as well, but I'm not really that familiar about whether trains will accept pets as cargo. Are you talking about somebody travelling with a pet on a train?

4:05 p.m.

Liberal

Alexandra Mendes Liberal Brossard—La Prairie, QC

Travelling with a pet, yes.

4:05 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

Gee, I'm sorry, I don't know the answer to that question. I could try to find out what VIA Rail's policies are vis-à-vis pets.

4:05 p.m.

Liberal

Alexandra Mendes Liberal Brossard—La Prairie, QC

I'll pass on my time to other colleagues. I don't have enough preparation to ask more questions on this.

Thank you very much.

4:05 p.m.

NDP

The Vice-Chair NDP Judy Wasylycia-Leis

Monsieur Malo.

4:05 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Thank you, Madam Vice-Chair.

There is one thing I would like to clarify, Ms. MacDonald: you undertake a study to determine if asthma or allergies are a disability or not, once you receive a passenger complaint? Is my understanding correct?

4:05 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

Yes. Please allow me to answer in English.

4:05 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Yes, but let me clarify my question first. In such a case, is it a requirement that the passenger got seriously ill on the aircraft in order for you to determine the existence of an infringement?

4:05 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

This is not a requirement. A complaint can be filed in anticipation. For example, the agency dealt with complaints from people who were preparing to travel and who, having been made aware of the rules of a carrier, decided that they would cause them a problem. It is possible to file a complaint without having experienced the situation.

4:05 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Therefore, if I understood you correctly, in your view it is not a matter of having a blanket policy but rather of looking at it on a case by case basis to determine if a passenger carrying a pet is entitled to travel with other people. Did I get that right?

4:05 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

There's a wide spectrum of allergies. You could have somebody with a very minimal reaction to a particular allergen. It's very difficult to come out with a blanket resolution that would cover the whole spectrum of allergies. Instead, the agency looks at it on a case-by-case basis. They look at the level of impairment, what the allergy translates into as an impairment, the situation, and the participation restriction on the individual who's travelling.

4:05 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

This means that, for example, if you determine that an individual who has allergies or asthma cannot be in contact with a pet, you will call the carrier to tell them that on that given date, that given day, that person will be on that given flight and ask them to ensure that there will be no pets on board? Is this what you do when you determine that it is problematic for someone to travel when there are pets on board?

4:10 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

I am not sure I understand the question.

The agency is now dealing with four complaints from persons who have allergies vis-à-vis pets in cabins. That's what the agency is looking at right now. It's getting evidence to weigh that and it will make a ruling on the situation once it finishes hearing all the evidence.

4:10 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Therefore it will be a blanket policy, it will not be case by case.

4:10 p.m.

Director General, Dispute Resolution Branch, Canadian Transportation Agency

Joan MacDonald

We have the complaints against Air Canada and WestJet. Those are our two primary air carriers in Canada. They cover approximately 90% of the domestic traffic. So when the agency makes its decision, it will cover a lot of that domestic travel.

4:10 p.m.

Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Very well.

Ms. Bergeron, can you tell me if at the present time you travel by air with your guide dog?

4:10 p.m.

Guide Dog User, As an Individual

Diane Bergeron

I do not understand French well.

I'm not getting a translation.

Could you repeat the question, please?