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Health committee  It was not the agency.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  There's that possibility. Generally what we'll do is that if the complaints are similar, we can join a couple of them. Or we'll stay them if we're currently dealing with the issue. Once a decision is issued, the direction is given, so the other complaints can be readily dealt with after that.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  Those complaints related largely to the size of the animals. For example, Air Canada has a cut-off of 70 pounds for the weight of both the animal and the carrier. Then the animal has to get shipped by cargo. There are problems in that your animal may not necessarily be on the same plane as you; it could go on a different plane and it could come a day or two later.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  Not a lot. I would say maybe four or five. It's not a lot.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  No, we did have some allergy complaints related to Air Canada back before that airline changed their policy in 2006 to discontinue.... Those individuals then withdrew their complaints. When Air Canada re-instituted its policy, it wasn't very long before we started receiving complaints again.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  If I may, the agency does offer mediation services. We are in the midst of the judicial proceedings vis-à-vis the four allergy complaints before us, but it doesn't mean they can't come off that track and go to mediation. However, it does require all parties to be willing, and that has not been the case so far.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  The issue really is that you are dealing with a wide spectrum of allergies. The very first step is determining what that allergy is really about. What is the impact on the person, and what is the impact in relation to travel? If indeed those line up, then the agency will make the finding that there's a person with a disability and they'll go on to look at the next step.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  These types of issues can be very complex. They're not clear-cut. The answer is not always twofold. We'll be looking at a myriad of evidence. Some of the work that we've done to date in some of the other allergy cases, they are not about pets, but we're a bit further along. We're looking at such issues as the circulation in an aircraft cabin.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  I can point to a decision that the agency had before it shortly after Air Canada decided to discontinue its pets-in-cabin program. We had a complaint from someone who wanted to travel with their pet and found this new change in policy was unreasonable. The reason that Air Canada gave to the agency for that change was they had complaints from persons with allergies.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  That's correct. They would not be deemed to be a person with a disability for the purposes of our act.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  I guess that's one of the things that this committee is looking at today. If the agency does determine that a person with an allergy has an impairment and they are facing an activity restriction in the context of travel.... I know I'm sounding a little bureaucratic here.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  That's the very matter that's before the agency right now with the complaints before it, whether or not pets should be allowed in aircraft cabins. That's from the four people who have allergies and have filed that complaint. That's exactly what we're hearing right now.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  If the agency, at the end of the day, were to find that there was an obstacle to travel.... I mean, we do apply the law when we're going through any process and rendering a decision, but it will have to go through the steps to determine whether the people are indeed persons with disabilities, whether or not they encountered an obstacle, and whether or not that obstacle was undue, meaning can the carrier remove that obstacle without undue hardship.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  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.

November 4th, 2009Committee meeting

Joan MacDonald

Health committee  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.

November 4th, 2009Committee meeting

Joan MacDonald