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Last month, the agency said Air Canada could either ban cats from aircraft cabins or provide a cat-free buffer zone with upgraded air circulation if there is a passenger with a designated disability arising from their cat allergy on a flight. The agency, however, stipulated that the second option was not feasible for Jazz’s large fleet of Dash-8 planes because the aircraft could not provide fully non-recirculated fresh air.

There’s a new wrinkle, says Air Canada in its written response to last month’s ruling. The airline had 30 days to respond.

With its Dash-8 fleet, Air Canada said cats who are deemed as pets would not be carried when there is a passenger “with a demonstrated allergy to cats that amounts to a disability.”

But a ban on a cat classified as an emotional support animal on Dash-8 flights could put the airline “in breach of other legislative requirements.”

Unlike in Canada, a U.S. law about the non-discrimination of persons with disabilities in the transportation network recognizes all “emotional support” or “psychiatric-support” animals as service animals, except for snakes and other reptiles, ferrets, rodents and spiders.

“These animals need not have received any formal training. Although cats usually cannot be trained as a service animal (the adage: ‘you cannot herd cats’), they often are used as emotional support animals,” states Air Canada’s submission.

The U.S rule applies to any flights of an American carrier, and to flights to and from the U.S. operated by a foreign carrier. It also applies to all domestic and international flights operated by Air Canada that are code-shared with United Airlines or Continental Airlines.

Air Canada says “most” of its flights fall into this category, and as an operating carrier of a United or Continental marketed flight, it “often” has to transport cats as emotional support animals.

Air Canada also points out that any passenger requiring to travel with such an animal does not need to provide any advance notice to carrier, and simply requires a note from a certified mental-health professional who is treating them.

“Indeed, in these cases, the person with the emotional support cat can show up for the flight and disclose his/her condition at boarding only and cannot be refused carriage on the flight, whereby the Agency has determined that cats cannot be carried on a Dash-8 aircraft when there is a person with a disability by reason of their to cats on that flight.”

In such cases, “Air Canada would need to establish a process of prioritization,” according to its submission.

WestJet Airlines spokesman Robert Palmer said the airline, which does not operate any Dash-8 aircraft, institutes a buffer zone when “allergy sufferers make us aware they have concerns.”

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