Decision No. 117-AT-A-2008

March 18, 2008

IN THE MATTER OF Decision No. 547-AT-A-2004 dated October 18, 2004 - Lee Ann Dalling vs Air Canada.

File No. U3570/02-26

In its Decision No. 547-AT-A-2004 (the Decision), the Canadian Transportation Agency (the Agency) made a determination with respect to an application filed by Lee Ann Dalling regarding her seating assignment on Air Canada flight segments operated by Air New Zealand Limited (Air New Zealand) while travelling on flights between Canada and New Zealand.

The Agency found that the lack of appropriate booking action by Air Canada personnel constituted an undue obstacle to Ms. Dalling's mobility. As such, the Agency directed Air Canada to take the following corrective measures and indicated that following its review of the required information it would determine whether further action is required:

• Develop procedures with respect to bookings made by passengers with disabilities concerning their seating accommodations on code-share flights, and provide a copy of these procedures to the Agency, as well as a plan for ensuring that these new procedures are disseminated to those involved in the reservation process. These procedures should ensure that accessible seating requests are conveyed to its code-share partners and confirmations are secured prior to the passenger's travel.
• Review and amend its International Passenger Rules and Fares Tariff NTA(A) No. 458, on file with the Agency, to clearly reflect its policy with respect to advance seat selection for persons with disabilities.

On February 12, 2008, Air Canada filed its response to the Decision.

ANALYSIS

In its response, Air Canada advised the Agency of new procedures implemented at its call centres which ensure that its personnel assist passengers with disabilities in securing accessible seating on flights operated by its code-share partners. Specifically, every time a passenger with a disability contacts Air Canada's call centres, an Air Canada call centre agent will contact the concerned code-share partner and ask that specific seating arrangements be made for the passenger with a disability travelling on the Air Canada flight being operated by the code-share partner. Air Canada will contact the passenger to advise as to the outcome of its seating request to the operating carrier. Passengers with disabilities requiring specific seating arrangements will be encouraged to maintain contact with the other carrier operating the code-share flight to ensure there are no unscheduled changes or irregular operations which may affect the seat assignment prior to travelling. Air Canada indicated that, in the future, it would attempt to add new provisions into its code-share agreements addressing the need to coordinate special seating requests for passengers with disabilities. Air Canada is also revising its Web site and its Tariff filed with the Agency, which contains the terms and conditions by which it must abide regarding the carriage of passengers and baggage or goods, to reflect that passengers with a disability who require specific seating may contact either Air Canada or the operating carrier for such seating.

CONCLUSION

The Agency has considered the measures taken in response to the Decision and is satisfied that Air Canada has met the requirements of the Decision. As such, no further action is necessary in this matter.

Members

• Beaton Tulk
• Geoffrey C. Hare