No cannabis for Air Transat’s cabin crew, on or off duty, says arbitrator

Air Transat flight attendants are prohibited from using cannabis, regardless of whether they are working or off duty, following a recent labour decision.

Arbitrator Nathalie Massicotte recently upheld the airline’s policy, which bars employees in “high-risk” roles — including pilots, first officers, and flight attendants — from using cannabis both on and off the job, reports CTV News.

The policy was introduced by Air Transat after cannabis became legal in Canada in 2018 and was later challenged by the local branch of the Canadian Union of Public Employees (CUPE).

The Montreal-based airline said the policy was necessary for safety reasons, while the union argued that it interfered with employees’ privacy rights.

The ruling ultimately determined that the policy did not violate employee rights and found Air Transat’s approach to be reasonable under the circumstances.

According to the decision, cabin crew members play a “crucial role” in safety, and even if someone is no longer intoxicated, lingering effects from cannabis may still be present, justifying the airline’s cautious approach.

The ruling also stated that scientific knowledge about cannabis effects — including any lingering impacts after use — remains limited.

“The employer has demonstrated that the cannabis consumption provision is reasonably necessary to achieve a legitimate objective, namely safety in the hazardous environment of aviation, that it is proportionate to that objective, and that it represents a minimal infringement on the flight attendant’s right to privacy,” the ruling said.

In an email to CTVNews.ca, union president Marie-Hélène Nadeau said she could not comment extensively because a complete review of the decision is still ongoing.

“That said, we maintain that the employer’s policy remains unreasonable and excessively intrusive with respect to our members’ privacy. It could lead to disciplinary action against flight attendants who have consumed cannabis several days or even weeks before a workday,” the email says.

“We also take note of the employer’s argument that the duties performed by flight attendants are highly safety-sensitive and require extreme discipline outside working hours. Given this position, the employer will have to compensate our members accordingly.”

Alcohol vs. cannabis

The ruling also examined why alcohol restrictions differ from cannabis restrictions.

Employees are prohibited from drinking alcohol within 12 hours before beginning work, and questions were raised about whether a similar standard could apply to cannabis use.

Evidence presented showed that alcohol’s residual effects generally last up to eight hours, with no studies demonstrating blood-related effects beyond 11 hours after consumption.

“On the contrary, studies show that cannabis is not eliminated from the body in the same way,” the ruling said.

The decision also noted that cannabis effects and duration can differ based on whether someone is an occasional or long-term user, as well as factors such as age, sex, and THC concentration in specific products.