Background on the decision related to traveling with emotional support animals

The Canadian Transportation Agency (Agency) issued a final decision no. 105-at-c-a-2023 related to travelling with Emotional Support Animals (ESAs).

The Agency determined that carriers are only required to accommodate dogs as ESAs, and only under specific conditions. More information is available by consulting the decision no. 105-at-c-a-2023.

Background

The Agency had before it six applications in which applicants sought to travel with an animal that is or could be an ESA. Because a growing number of persons with disabilities seek to travel with ESAs, the Agency decided to join these applications to allow for a more efficient process to consider whether carriers should be required to transport ESAs within the federal transportation network.

According to the Accessible Transportation for Persons with Disabilities Regulations, a service dog is “a dog that has been individually trained by an organization or person specializing in service dog training to perform a task to assist a person with a disability with a need related to their disability”. However, ESAs do not perform a task; rather, their presence provides comfort and emotional support to persons with mental health-related disabilities.

The Agency issued on December 14, 2022, a preliminary decision related to ESAs that found, on a preliminary basis, that acceptance of a species other than a dog as an ESA would cause undue hardship for carriers within the federal transportation network.

The Agency proposed conditions to manage the risks inherent in the carriage of emotional support dogs (ESDs), balancing the interests of persons with disabilities who use ESDs with those of the industry and the travelling public, including other persons with disabilities who use service dogs.

The parties had the opportunity to show cause why the Agency should not finalize these preliminary findings by filing further submissions. Other interested persons also had the opportunity to comment on the preliminary findings.

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