Decision No. 128-AT-A-2006
March 6, 2006
IN THE MATTER OF Decision No. 523-AT-A-2005 dated August 19, 2005 - Edna Swaffield vs Air Canada.
File No. U3570/05-10
In its Decision No. 523-AT-A-2005 dated August 19, 2005 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Edna Swaffield. The application pertained to the level of assistance provided by Air Canada to Mrs. Swaffield in getting through the Vancouver International Airport on January 5, 2005.
The Agency determined that Air Canada did not make a reasonable effort to provide the wheelchair assistance that was noted in Mrs. Swaffield's Passenger Name Record. Had Air Canada made proper enquiries about Mrs. Swaffield's needs and explained the limitations of the cart assistance, which was made available to Mrs. Swaffield in lieu of wheelchair assistance, it would have been apparent that this would not have met her needs. Accordingly, the Agency found that the level of assistance provided to Mrs. Swaffield at the Vancouver airport on January 5, 2005 constituted an undue obstacle to her mobility.
Based on the above, the Agency, pursuant to Decision No. 523-AT-A-2005, directed Air Canada to take the following measures within thirty (30) days from the date of the Decision:
- Provide the Agency with a copy of the policies and procedures regarding cart assistance. If these policies and procedures did not clearly set out the nature and extent of the assistance provided to persons with disabilities who use Air Canada's electric cart service, when and how this information is conveyed by Air Canada's personnel to passengers with disabilities, and the dialogue that Air Canada's personnel is required to have with passengers who request wheelchair assistance when electric cart assistance is offered as an alternative, Air Canada was required to accordingly amend the policies and procedures and to provide the Agency with a copy of any such amendments.
- Indicate how and when it will ensure that its flight crew and ground personnel and those who are contracted to provide wheelchair and cart assistance are made aware of these policies and procedures.
Further, the Agency specified in the Decision that following its review of the appropriateness of the measures taken by Air Canada to remove the undue obstacle, the Agency would determine whether further action was required in this matter.
On September 16, 2005, Air Canada requested an extension until October 3, 2005 to comply with the measures contained in the Decision, and the Agency, in its Decision No. LET-AT-A-256-2005 dated September 21, 2005, granted the requested extension. On October 7 and 19 and November 24, 2005, the Agency received material filed by Air Canada in response to the Decision. Although these submissions were filed by Air Canada after the prescribed deadline, the Agency, pursuant to section 5 of the Canadian Transportation Agency General Rules, SOR/2005-35, accepts them as being relevant and necessary to its consideration of this matter.
ISSUE
The issue to be addressed is whether the measures taken by Air Canada meet the requirements set out in Decision No. 523-AT-A-2005.
ANALYSIS AND FINDINGS
The Agency has reviewed all of the material and information filed by Air Canada on October 7 and 19 and November 24, 2005 in response to Decision No. 523-AT-A-2005.
Air Canada filed an excerpt of its central information chapter (hereinafter CIC) CIC840 which pertains to special services and that specifically addresses wheelchair assistance. It is noted that procedures regarding cart assistance have been added. These procedures read, in part, as follows:
Where available, cart service will be provided to customers who require assistance as an alternative to wheelchair assistance.
Where cart service is available, airport agents should offer this service to customers who have requested wheelchair assistance.
Air Canada also filed an excerpt of CIC620 (YVR-ARPT) that addresses the duties of the rover and arrivals agents, which have been amended to:
- set out the nature and extent of the assistance provided to persons with disabilities who use Air Canada's electric cart service;
- indicate when and how this information is conveyed by Air Canada's personnel to passengers with disabilities; and
- include the dialogue that Air Canada's personnel is required to have with passengers who request assistance, including wheelchair assistance, and when electric cart assistance is offered as an alternative.
Finally, Air Canada submitted a copy of a bulletin entitled 123GO. In that bulletin, Air Canada reminds its cabin crew of their responsibilities regarding passengers requiring wheelchair assistance. These employees are also invited to consult Publication 123 - Chapter 15, of which Air Canada also provided a copy, for details on the service that customers with disabilities can expect to receive and the role cabin crew play in assisting customer sales and service agents. Among other things, cabin crew:
- are responsible, during pre-boarding, to assist customers using wheelchairs within terminals from boarding point to aircraft, if they arrive in time to be included with other pre-boarding passengers; and
- upon landing, if customers requiring assistance are able to walk off, must offer assistance down the aircraft stairs or loading bridge stairs, where the wheelchair is waiting.
In light of the foregoing, the Agency is satisfied that the measures undertaken by the carrier should assist in preventing the recurrence of situations similar to the one experienced by Mrs. Swaffield.
CONCLUSION
The Agency is satisfied with the measures taken by Air Canada in response to Decision No. 523-AT-A-2005. Accordingly, the Agency does not contemplate any further action in this matter.
Members
- Baljinder Gill
- Guy Delisle
- Mary-Jane Bennett
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