Arbitrator rules in favour of Air Transat's no-tolerance policy
A Quebec arbitrator has ruled in favour of Air Transat’s zero-tolerance cannabis policy for flight attendants.
Nathalie Massicotte ruled that the policy is reasonable, even though it bars employees from consuming a legal product on their own time.
The decision, Syndicat canadien de la fonction publique, section locale 4041 c. Air Transat (translated as Canadian Union of Public Employees, Local 4041 v. Air Transat), 2026 CanLII 44306 (CA SA), dismisses a grievance filed by CUPE Local 4041, representing the airline's cabin crew (personnel navigant commercial in French).
Drug policy and the grievance
Air Transat revised its drug and alcohol policy after the October 2018 legalization of cannabis, prohibiting any consumption — legal or illegal — by employees in safety-sensitive positions, including cabin crew, pilots and maintenance staff.
The union accepted the safety-sensitive label but contested the absolute prohibition, arguing it intruded on private life and ignored differences between cabin crew and pilots (paras. 23-24).
Air Transat's flight attendant manual states: "The use of cannabis by crew members is strictly prohibited." The airline argued that obligations under the Canadian Aviation Regulations, which require crew to be "fit for duty," justified the restriction.
Expert evidence weighed
In the Air Transat case, Anne Thériault, an aeromedical physician, testified that no reliable test distinguishes occasional from chronic cannabis consumers. In her report — translated from French — she wrote: "In an environment as sensitive as aviation … no chances should be taken".
David Luckow, a toxicology consultant, concurred, citing Health Canada data showing daily cannabis users face a 25 to 50 per cent risk of addiction.
Meanwhile, union expert Claude Rouillard argued residual effects dissipate within 8 to 12 hours. Massicotte rejected this, noting Rouillard is not a physician and that he relied on a 2023 McCartney et al. study funded by the medical cannabis industry.
Reasonableness test for cannabis use
Applying the KVP reasonableness test and proportionality framework from Irving Pulp & Paper, 2013 SCC 34, Massicotte found aviation constitutes "extreme circumstances" warranting heightened controls.
She cited operational data showing 46 in-flight medical incidents in 2024, five resulting in passenger deaths, alongside more than 200 disruptive passenger incidents and 161 aborted takeoffs between 2023 and 2025.
In a passage translated from French, the arbitrator wrote: "A person still under the residual effects of cannabis could very well display no symptom, hence Air Transat's caution and the policy's reasonableness".
Massicotte acknowledged the policy "encroaches on the right to privacy" (translated from French) but found the impairment minimal under section 9.1 of Quebec's Charter, citing Association of Justice Counsel, 2017 SCC 55.
She declined to impose a fixed abstinence period, finding "no standard is sufficiently reliable at this time" (translated from French), given THC now reaches 90 per cent in vaped concentrates; medical cannabis remains under individual assessment.
The arbitrator also noted that union-cited rulings from trucking and public transit are incomparable to aviation.
Previously, an arbitrator overturned an Alberta worker’s termination for a post-incident drug test.
Below is a summary of publicly reported cannabis rules at major Canadian airlines:
| Airline | Rule on cannabis use for safety-sensitive employees | Covered roles | Source |
|---|---|---|---|
| Air Canada | Complete prohibition at all times, on duty and off duty. Company described the position as acting “out of an abundance of caution” given residual effects and the possibility cannabis can linger in the human system. | Flight operations and aircraft maintenance staff, including pilots, cabin crew, flight dispatchers and aircraft maintenance employees. Non-safety-sensitive staff barred from use on duty or at the workplace only. | Global News, “Some Air Canada staff to be banned from using cannabis while off duty,” Sept. 28, 2018. |
| WestJet | Complete prohibition at all times for safety-sensitive roles, on duty and off duty. Possession or distribution of cannabis also barred on company property, on duty, or at company social functions. Alcohol rule is separate: 12 hours before duty. | Flight and cabin crew, flight dispatchers, aircraft maintenance engineers and station attendants. | The Canadian Press / CBC News, “WestJet bans staff in ‘safety-sensitive’ jobs from off-duty cannabis use,” Oct. 9, 2018. |
| Calm Air (Exchange Income Corporation) | 45-day abstention required before any shift. Random testing on reasonable grounds; refusal or tampering may result in dismissal. | Flight attendants, pilots, dispatchers, and some ramp customer-service agents. | CBC News, “Calm Air bans employees in safety-sensitive positions from using cannabis 45 days before work,” Oct. 24, 2018. |
| Air North | Zero-tolerance for impairment, with a 60-day abstention policy for safety-sensitive positions developed in line with available science. | Safety-sensitive positions (not enumerated in the public statement). | CBC News, “Air North employees might not be able to use cannabis 2 months before work,” Oct. 30, 2018. |
| Canadian North | Prohibits cannabis use for safety-sensitive positions, including off-duty. | Pilots, flight attendants and others in safety-sensitive positions. | CBC News, Oct. 30, 2018 (same article as above). |
| First Air | Requires employees to be “fit for duty” at all times, defined using Transport Canada cannabis guidelines (i.e., the 28-day standard for licensed crew). | All employees, with safety-sensitive roles governed by Transport Canada’s framework. | CBC News, Oct. 30, 2018. First Air has since merged with Canadian North (2019). |
| Porter Airlines | Public reporting at legalization indicated Porter was preparing an updated employee guideline; a specific final rule for cabin crew was not confirmed in publicly available reporting at the time of this article. CUPE filed to certify Porter cabin crew in July 2025, so a collective-agreement framework may now apply. | Cabin crew (approximately 1,200) recently moved toward unionisation with CUPE. | HRD Canada, “Air Canada prohibits cannabis use among staff,” Oct. 3, 2018; CUPE / Business Wire, “Porter Cabin Crew File Union Application With CIRB,” July 14, 2025. |
