Decision No. 10-AT-R-2005

January 11, 2005

File No. U3570/98-19

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BACKGROUND

[1] In its Decision No. 632-AT-R-1998 dated December 21, 1998, the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Donna Pistell regarding the difficulties she experienced when attempting to make travel arrangements on VIA Rail Canada Inc.'s (hereinafter VIA) passenger rail service on Vancouver Island.

[2] In Decision No. 632-AT-R-1998, the Agency found that the inadequate information provided to Ms. Pistell about VIA's passenger rail service on Vancouver Island and the fact that Ms. Pistell could not travel as planned constituted an undue obstacle to her mobility. The Agency also found that both potential users of VIA's services and VIA employees who must provide the services and advise the public of their availability should be made aware of the services offered by VIA to meet the requirements of persons with disabilities.

[3] In order to ensure the completeness of information available to VIA reservation agents on the accessibility of VIA's Vancouver Island services, VIA was required to provide, for the Agency's review, a copy of the training material on its new VIANET reservation system and a copy of the training schedule of all of its telephone reservation agents on this new system.

[4] In addition, VIA was required to:

1. issue a bulletin to all telephone reservation agents outlining the misinformation provided to Ms. Pistell and highlighting how VIA meets the needs of persons with disabilities on its services on Vancouver Island. A copy was to be forwarded to the Agency for its information;
2. issue a public notice and have same carried in local Vancouver Island papers advising that VIA will provide a passenger who requires assistance to entrain and detrain with transportation, at VIA's expense, to the nearest VIA accessible station where such assistance is available. A copy of the notice as well as a list of the papers in which it was published was to be provided to the Agency for its information.

[5] In Decision No. 366-AT-R-2003 dated June 19, 2003, the Agency noted that VIA had published the public notice as directed by the Agency. While the Agency concluded that VIA's public notice clearly set out the level of accessibility that VIA provides on Vancouver Island, the Agency found no reference in VIA's bulletin or its VIANET system to the fact that persons using a manual wheelchair who cannot provide their own assistance for entraining and detraining are also to be offered alternative transportation at VIA's expense. The Agency determined that the information contained in the VIANET system and in the bulletin was deficient and did not clearly reflect VIA's policy to offer alternative transportation, at VIA's expense, to manual wheelchair users as well as to users of electric wheelchairs and scooters.

Decision No. 520-AT-R-2004, which was a follow-up to Decision No. 366-AT-R-2003

[6] The Agency considered the measures taken by VIA pursuant to the issuance of Decision No. 366-AT-R-2003 dated June 19, 2003 and was not satisfied that VIA complied with the requirements of that Decision. This determination was conveyed to VIA in Decision No. 520-AT-R-2004 dated October 1, 2004.

[7] Accordingly, the Agency, pursuant to Decision No. 520-AT-R-2004, required VIA to take the following measures within thirty (30) days from the date of the Decision, which measures were identical to those set out in Decision No. 366-AT-R-2003:

1. Amend the information in the VIANET system to clearly reflect that, on Vancouver Island, VIA will also provide alternative taxi/van transportation, at its expense, to passengers using manual wheelchairs who are unable to entrain and detrain due to restricted staff or lack of mechanical lifts; and provide a copy of the amended bulletin to the Agency.
2. Advise the Agency on the measures it took to ensure that its reservation personnel, system-wide, are aware of this amendment.

[8] In addition, the Agency indicated that, following its review of the required material, the Agency would determine whether further action is required in this matter.

ISSUE

[9] The issue to be addressed is whether the measures taken by VIA meet the requirements of Decision No. 520-AT-R-2004.

POSITION OF VIA

[10] In its submission of October 29, 2004, VIA advises that it will amend the information in the VIANET system to clearly reflect that, on Vancouver Island, VIA will provide alternative taxi/van transportation, at its expense, to passengers using manual or electric wheelchairs who are unable to entrain or detrain due to restricted staff or mechanical lifts. VIA provided a copy of the proposed amendments and notes that these amendments are permanent instructions to reservation personnel, on a system-wide basis.

[11] The proposed amendment to the VIANET policy/procedure regarding train access to customers using wheelchairs for Vancouver Island states, in part, as follows: [Where there are inconsistencies between the English and French text, changes required to ensure consistency are noted in square parenthesis.]

Railiners used on Vancouver Island are equipped with a wheelchair tie-down, which can be booked with L class. When reserving for passengers with limited mobility on [Vancouver Island], please identify their degree of mobility to offer the most appropriate service.

1. Passenger using a manual wheelchair, electric wheelchair or scooter

Can passenger walk up the steps with assistance?

• Yes: Reserve between any two points on the island. Specify in the PNR [Passenger Name Record] if the client can transfer to a regular seat once on-board.
• No: If the passenger must remain in his/her wheelchair for entraining/detraining, can he/she provide their own assistance upon entraining and detraining?
  • Note: It takes 3 people to safely lift a person in a wheelchair up the steps, and VIA personnel cannot be expected to lift more than 75 lbs. (34 kg).
  • At Victoria station, one non-VIA person is required as the Conductor and the CSA [Customer Service Agent] can assist.
  • At all other stations on this route, 2 non-VIA persons are required [as only the conductor can assist].
• If the passenger in wheelchair cannot be entrained or detrained for any reason, VIA will provide [and pay for] alternate transportation from Victoria or any other station on Vancouver Island. See section 2.

2. Alternate transportation

When alternate transportation is provided by VIA under item 1, make a reservation between the requested cities with SSR [Special Service Request] code WCHR or WCHE and comment "ALTERNATE TRANSPORTATION REQUIRED FROM ____ TO ____". Customer should understand as follows:

• Customer will have to purchase a ticket before departing station on alternate transportation.
• VIA will pay the expense of the alternate transportation.
• Alternate transportation will depart the station at the same time as the train and will only travel from station to station.

[12] VIA's notice in its VIANET system states that:

As a result of a ruling by the CTA [Agency], customers using a manual wheelchair travelling on Vancouver Island who cannot provide their own entraining/detraining assistance will be provided alternate transportation at VIA's expense.

[13] The VIANET notice also provides a link, for VIA's personnel, to view the updated policy/procedure.

[14] VIA submits that any direction by the Agency concerning alternative transportation should be confined to Vancouver Island and be based only upon VIA's consent to provide it from rail station to rail station. VIA points out that it is offering this alternative transportation service on Vancouver Island as it has been seldom used and, therefore, does not impose heavy financial burdens at this time.

ANALYSIS AND FINDINGS

[15] The Agency has reviewed VIA's submission and is of the opinion that VIA's notice and proposed amended policy/procedure in its VIANET system concerning train access to customers using wheelchairs on Vancouver Island clearly reflect that VIA will also provide, at its expense, alternative taxi/van transportation to passengers using manual wheelchairs who are unable to entrain or detrain due to restricted staff or lack of mechanical lifts.

[16] The Agency is aware that VIA maintains all of its reservation information, policies and fares in its VIANET system. The Agency notes that the reservation system and the information contained in the VIANET system are the main source of information for VIA's agents, system-wide. Further, the Agency acknowledges that these proposed amendments are permanent instructions to reservation personnel on a system-wide basis. As such, the Agency is satisfied that VIA's reservation personnel, system-wide, will be informed of the amended policy/procedure for Vancouver Island through VIA's VIANET system.

[17] In addition, the Agency notes that VIA's policy on train access to customers using wheelchairs on Vancouver Island includes passengers using electric wheelchairs and scooters. Therefore, the Agency is of the view that the amended alternative transportation notice and policy/procedure for Vancouver Island should prevent the recurrence of situations similar to the one experienced by Ms. Pistell.

[18] Notwithstanding the above, the Agency notes that Decision No. 520-AT-R-2004 required VIA to amend the information in its VIANET system and provide a copy of the amendment to the Agency. In this regard, the Agency accepts VIA's statement that it will amend its VIANET system. Accordingly, the Agency requires VIA to advise the Agency when its VIANET system has been amended in accordance with the proposed amendments provided to the Agency.

CONCLUSION

[19] In light of the measures taken by VIA to prevent the recurrence of the situation experienced by Ms. Pistell, the Agency is satisfied that, with the implementation of the proposed amendments subject to the changes concerning the inconsistencies in both official languages, including the notice, to its VIANET system, VIA meets the requirements of Decision No. 520-AT-R-2004. Notwithstanding this, VIA is required to provide the Agency, within a reasonable time frame, with a written confirmation that its VIANET system has been amended as proposed including the changes concerning the inconsistencies in both official languages. Subject to the filing of this confirmation, the Agency contemplates no further corrective action in this matter.