Sunday, September 28, 2008

CANADIAN TRANSPORT RULING SUPPORTS CHALLENGE TO AIR CANADA POLICY

Air Canada's proposal to discontinue the carriage of small animals as checked baggage effective July 15, 2007 found unreasonable by the Canadian Transport Agency (CTA)

OTTAWA, April 4 /CNW Telbec/ - The Canadian Transportation Agency has disallowed Air Canada's proposed tariff revisions which would have terminated the carriage of animals and their kennels weighing less than 70 lbs as checked baggage on both domestic and international flights.
In its Decision No. 155-C-A-2008, the Agency found that the proposed revisions were unreasonable since an imbalance existed between the interests of Air Canada and consumers by giving only advantages to the carrier while exposing pet owners to many significant disadvantages.
Air Canada has until May 5, 2008, to amend its domestic tariff to allow for the carriage of animals and their kennels weighing less than 70 lbs as checked baggage. As for international flights, the Agency had already suspended, in July 2007, the carrier's proposed revision, and is now confirming its disallowance.
The Canadian Transportation Agency is an independent quasi-judicial tribunal which operates like a court. It regulates various modes of transportation under Government of Canada jurisdiction, including air, marine and rail. Its decision-making process is governed by the rules of fairness and natural justice to ensure that all parties in a complaint receive equitable treatment.

Flying with your pet

WestJet
http://c5dsp.westjet.com/guest/travelTips.jsp#pets

AirCanada
http://www.aircanada.com/en/travelinfo/airport/baggage/pets.html

BearSkin
http://www.bearskinairlines.com/cargo.shtml

Worldwide Animal Travel
http://www.animaltravel.com/index.php

Animal Pedigree Act ( 1985, c. 8 (4th Supp.) PUREBRED STATUS

Animal Pedigree Act ( 1985, c. 8 (4th Supp.)
Disclaimer: These documents are not the official versions ( more ). Full Document for Printing [131Kb]

PUREBRED STATUS

30. (1) Subject to subsection (2), the determination of what is a purebred of a distinct breed shall be in accordance with the by-laws of the association incorporated in respect of that distinct breed.

Minimum inheritance
(2) No association may, by its by-laws, determine that an animal is a purebred of a distinct breed if the animal has less than seven-eighths of its inheritance from the foundation stock of the animal’s breed or from animals previously registered as purebreds by the association.

OFFENCES

No person shall keep records
63. (1) Except as authorized by this Act, where an association is authorized by this Act to register or identify animals of a distinct breed or evolving breed, no person shall keep pedigrees in respect of animals of that distinct breed or evolving breed or issue any document purporting to evidence that a particular animal is of that distinct breed or evolving breed or so closely resembling a certificate of registration, or certificate of identification, as the case may be, that it would likely be mistaken for such a certificate.
No person shall issue document
(2) No person shall issue in respect of any animal any document of any kind likely to deceive the public into believing that the document is a certificate of registration or certificate of identification in respect of the animal or that the animal is registered or identified under the authority of this Act.

PROHIBITIONS

64.No person shall
( a ) knowingly sign or present, or cause or procure to be signed or presented, to a recording officer of any association or of the Corporation any declaration or application in relation to the registration, identification or transfer of ownership of any animal, semen or embryo that contains any material false statement or representation;
( b ) knowingly represent that a certificate of registration or certificate of identification applies to an animal other than the one in respect of which it was issued;
( c ) knowingly represent that a semen certificate or embryo certificate applies to any semen or embryo other than the semen or embryo in respect of which it was issued;
( d ) falsify or alter any certificate of registration, certificate of identification, semen certificate or embryo certificate;
( e ) without an express statement that the animal’s registration or identification is from a jurisdiction other than Canada, offer to sell, contract to sell or sell, as registered or identified, or as eligible to be registered or identified, within or outside the meaning of this Act, any animal that is not registered or identified, or eligible to be registered or identified;
( f ) offer to sell, contract to sell or sell, as recorded, or as eligible to be recorded, in the books of any association, or of the Corporation, any semen or embryo that is not recorded or eligible to be recorded in those books;
( g ) knowingly offer to sell, contract to sell or sell any animal in a manner that is likely to create an erroneous impression that the animal is registered or eligible to be registered;
( h ) offer to sell, contract to sell or sell, as a purebred of a breed, any animal that is not registered or eligible to be registered as a purebred by the association authorized to register animals of that breed or by the Corporation;
( i ) without an express statement that the animal’s registration, identification or status as a purebred is from a jurisdiction other than Canada, offer to sell, contract to sell or sell, as registered or identified, or as a purebred, any animal for which there is no individual identification in accordance with the by-laws of the association that has registered or identified the animal; and
( j ) without an express statement that the animal’s registration, identification or status as a purebred is from a jurisdiction other than Canada and that the animal will not be registered or identified in Canada by the person, sell, as registered or identified, or as eligible to be registered or identified, or as a purebred, any animal without providing to the buyer thereof within six months after the sale the animal’s duly transferred certificate of registration or certificate of identification.
Unlawful use of names
65. No person shall, without lawful authority, use the name of the Corporation or the name of any association or any name so clearly resembling the name of the Corporation or the name of an association in a manner that is likely to deceive the public.
Offence and punishment
66. (1) Any person who contravenes any provision of this Act or the regulations
( a ) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding twenty-five thousand dollars; or
( b ) is guilty of an indictable offence and liable to a fine not exceeding fifty thousand dollars.