Decision No. 169-AT-A-2009

April 24, 2009

DECISION No. 336-AT-A-2008 dated June 26, 2008 regarding persons who require that medical oxygen be available to them when travelling by air - follow-up.

File No. U3570-13

[1] In its Decision No. 336-AT-A-2008 (Oxygen Decision), the Canadian Transportation Agency (Agency) made a determination with respect to applications filed against Air Canada by or on behalf of persons who require oxygen when travelling by air. The Agency found that passenger-supplied oxygen, in whatever form is permitted, is the most appropriate accommodation for persons with disabilities who require oxygen while travelling with Air Canada. On international flights, Air Canada provides this accommodation by allowing passenger-supplied portable oxygen concentrators. On domestic flights, while the Agency found that Air Canada's own gaseous oxygen service presented undue obstacles to persons who require oxygen when travelling by air, the Agency accepted this service as a reasonable alternative to passenger-supplied gaseous oxygen, subject to Air Canada implementing certain corrective measures set out in the Oxygen Decision.

[2] More specifically, the Agency found, among other things, that the following constitute undue obstacles to the mobility of persons who require that oxygen be available when travelling by air on domestic flights:

• the policies and procedures regarding the placement of the Medipak (medical oxygen units owned and supplied by Air Canada, consisting of a metal carrying case referred to as a "Medipak", which contains a bottle of compressed oxygen, a regulator, a nasal cannula, and tubing) under the seat in front of the passenger, which encroaches unreasonably on the person's floor space; and,
• the non-provision of oxygen prior to boarding, during connections and until arrival in the general public area at the final destination.

[3] Consequently, the Agency directed Air Canada to take the following corrective measures in the context of domestic flights and indicated that the Agency would review Air Canada's proposals and determine whether they meet the objective of the corrective measures or whether further action is required.

[4] 1. Placement of the Medipak

Air Canada must ensure that the placement of the Medipak does not encroach unreasonably on the person's floor space. Air Canada is required to file with the Agency, within ninety (90) days from the date of this Decision, its detailed proposal for the placement of its Medipaks, along with its proposed implementation schedule for the phasing in of any required modifications to the aircraft cabin and the rationale for the proposed time lines. Air Canada has provided evidence with respect to the modification of overhead bins; however, it is free to propose other alternatives to eliminate this undue obstacle.

[...]

2. Continuous oxygen service

Air Canada's oxygen service must be a continuous service, i.e., include the provision of oxygen prior to boarding (check-in), during connections and until arrival in the general public area at the final destination, whether it be done through the use of Medipaks or other means.

Air Canada is required to file with the Agency, within ninety (90) days from the date of this Decision, its detailed proposal for the implementation within one (1) year from the date of this Decision of a continuous domestic oxygen service. The proposal should include details on how persons with disabilities will receive the oxygen service at the airports and what measures will be put in place to address flight irregularities that might impact on a person's oxygen supply, such as delays and flight diversions.

[5] The Agency subsequently granted Air Canada a request for an extension. Air Canada addressed these corrective measures in submissions filed on September 29, 2008 and March 1, 2009.

Analysis and findings

Placement of the Medipak

[6] Air Canada states that its narrow body aircraft (namely the Airbus A319, A320, and A321) have been refurbished by removing the in-flight entertainment systems located under the seats and placing them under the floor. Air Canada confirms that the new space under the seat in front of the passenger on the refurbished narrow body aircraft will ensure that the placement of the currently-used Medipak does not encroach unreasonably on the person's floor space. Further, Air Canada states that, in the context of the provision of a continuous oxygen service, the issue of insufficient space may be resolved as some new oxygen bottles available take considerably less space than the Medipak currently in use. While the corrective measure was imposed only on Air Canada, the carrier indicates that it has also refurbished the narrow body aircraft operated by Jazz Air Holding GP Inc. carrying on business as Air Canada Jazz.

[7] The Agency accepts that the measures undertaken by Air Canada with respect to its aircraft used on domestic flights meet the objective of the corrective measure related to the placement of the Medipak and, as such, no further action is required.

Continuous oxygen service

[8] Air Canada indicates that it intends to seek one or more outside suppliers to provide a continuous oxygen service at Canadian airports. Air Canada submits that it is not in a position to provide further details until the request for proposal (RFP) process has been completed and one or more suppliers have been identified. Air Canada indicates that it anticipates the RFP process to be completed by the end of April 2009. Air Canada also notes that, in the event that it is not in a position to implement the outside supplier system by June 27, 2009, as required by the Oxygen Decision, it will contract oxygen individually at each station, as needed. Accordingly, Air Canada requests a further extension.

[9] The Agency has considered Air Canada's request and, in light of the advancement of the project and the assurance of appropriate accommodation pending its completion, grants the requested extension of time. Accordingly, Air Canada is required to file its detailed proposal for the implementation of a continuous oxygen service no later than April 30, 2009.

[10] With respect to the measures that will be put in place to address flight irregularities that might impact on a person's oxygen supply at airports, Air Canada submits that it currently has a process, which was described as follows by Air Canada's Manager of Airport Process and Procedure Product Development during the hearing process.

• Air Canada has access to a list of third-party oxygen suppliers at each airport it serves and would contact a third-party vendor to get oxygen.
• In certain airports where it has access to its own Medipaks, it could use a Medipak.
• In situations involving a diversion to an airport where Air Canada does not have its own operation, it would first contact one of its Star Alliance partners for assistance. If there is no Star Alliance partner:
  • it will elicit the support of the carrier or company that handles Air Canada passengers at that station; or, alternatively,
  • it would contact emergency services.

[11] Air Canada is required to confirm whether the process described by its Manager of Airport Process and Procedure Product Development is the same process that will be followed under its new agreement with a third-party supplier and, if not, to provide details on any new processes. This information must be filed at the same time as Air Canada files its detailed proposal for the implementation of a continuous oxygen service, no later than April 30, 2009.

Conclusion

[12] The Agency finds that, with respect to the placement of the Medipak, Air Canada has met the objective of the corresponding corrective measure in the Oxygen Decision and that no further action is required. The Agency grants Air Canada's requested extension to April 30, 2009, to provide details on how persons with disabilities will receive the oxygen service at airports. At the same time, Air Canada must confirm whether the current process with respect to the provision of its oxygen service during flight irregularities are the same procedures that will be followed under its new agreement with third-party suppliers or advise the Agency of any new procedures regarding this matter.

Members

• Geoffrey C. Hare
• J. Mark MacKeigan