Decision No. 127-C-A-2003

March 7, 2003

File No. M4370/R177/01-8

BACKGROUND

On October 31, 2002, the Canadian Transportation Agency (hereinafter the Agency) issued Decision No. 589-C-A-2002 with respect to the complaint set out in the title. In its Decision, the Agency found that the International Charter Tariff applicable to Skyservice Airlines Inc. carrying on business as Skyservice and/or Roots Air (hereinafter Skyservice) does not contain terms and conditions of carriage clearly stating Skyservice's policy with respect to its authority to impose upon an unruly passenger a sanction, other than simple refusal to transport or removal.

Consequently, the Agency directed Skyservice to ensure that its International Charter Tariff include terms and conditions of carriage clearly stating Skyservice's policy in respect of refusal to transport unruly passengers. Further, the Agency, pursuant to subsection 110(1) of the Air Transportation Regulations, SOR/88-58, as amended, also directed Skyservice to file an International Charter Tariff that fully states the extent of sanctions Skyservice may impose upon an unruly passenger, and the relationship between different levels of unruly behaviour and the range of sanctions, other than simple removal or refusal, that Skyservice may impose.

By letter dated January 27, 2003, Skyservice submitted proposed tariff provisions concerning unruly passengers. By Decision No. LET-A-45-2003 dated February 21, 2003, the Agency found that Skyservice's proposed international tariff provisions were acceptable and granted Skyservice special permission to allow the provisions to be filed with the Agency on not less than one day's notice.

ISSUE

The issue to be addressed is whether the revised tariff provisions in respect of refusal to transport, filed in Skyservice's International Charter Tariff for effect March 4, 2003, comply with the requirements of Agency Decision No. 589-C-A-2002 issued on October 31, 2002.

ANALYSIS AND FINDING

The Agency has reviewed Skyservice's filed International Charter Tariff, and finds that the terms and conditions included in this tariff clearly state Skyservice's policy in respect of refusal to transport unruly passengers. Further, the Agency finds that this tariff fully states the extent of the sanctions Skyservice may impose upon an unruly passenger, and the relationship between different levels of unruly behaviour and the range of sanctions, other than simple removal or refusal, that Skyservice may impose.

CONCLUSION

In light of the foregoing, the Agency finds that the provisions on refusal to transport passengers filed in Skyservice's International Charter Tariff, for effect March 4, 2003, comply with the requirements of Agency Decision No. 589-C-A-2002. The Agency therefore contemplates no further action in this matter.