Decision No. 181-AT-A-2008

April 15, 2008

IN THE MATTER OF Decision No. 71-AT-A-2006 dated February 7, 2006 - Ingrid Polacco vs Air Canada.

File No. U3570/04-45

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BACKGROUND

[1] In Decision No. 71-AT-A-2006 (the Decision), the Canadian Transportation Agency (the Agency) determined that Air Canada's failure to provide Ingrid Polacco with wheelchair assistance at the Toronto-Lester B. Pearson International Airport (the Toronto airport) in March 2003 constituted an undue obstacle to her mobility. The Agency ordered one corrective measure and directed Air Canada to show cause why it should not be required to implement five other corrective measures.

[2] The Agency finds that Air Canada meets the requirements of the corrective measure and finds that the measures undertaken by Air Canada since Ms. Polacco's travel in March 2003 are consistent with the corrective measure contemplated in the Decision. Therefore, no further action is required in this matter.

ANALYSIS

Corrective measure

• Issue a bulletin to its employees and/or contractors at the Toronto airport who may be required to interact with the public and/or to make decisions in respect of services to travellers with disabilities emphasizing the importance of the awareness of and sensitivity to the particular needs of travellers with disabilities. The bulletin should reinforce the importance of initiating discussions with persons with disabilities who have requested assistance, such as wheelchair assistance, to ensure that their needs and abilities are clearly understood and to ensure that uninformed assumptions are not made, for example the ability of a person to walk. The bulletin should also reinforce the importance of being sensitive and constantly alert to the needs of travellers with disabilities to determine the appropriate assistance required in various situations. The bulletin should also summarize the consequences which may arise when employees take it upon themselves to make assumptions about the abilities of a passenger with a disability and the services that he or she requires without discussing the matter with that person. A copy of the bulletin should be provided to the Agency within thirty (30) days.

[3] Air Canada submitted a bulletin dated March 2, 2006, entitled Sensitivity to Customers with Disabilities, which addresses the importance of initiating discussions to ensure that the needs of customers with disabilities are better understood. It also states that disabilities vary and are often not apparent. The bulletin emphasizes that staff should never make assumptions about a customer's abilities, as this may bring negative consequences such as frustration, physical pain and a negative travel experience. Air Canada's bulletin incorporates all of the points ordered by the Agency.

[4] The Agency finds that the measures taken by Air Canada satisfy the corrective measure contemplated in the Decision.

Show cause - corrective measure 1

• Establish procedures which require Air Canada to ensure that, when passengers with disabilities request wheelchair assistance at the Toronto airport when making their reservations, the carrier takes steps to ensure that:
  
  1. this information is relayed to any contracted wheelchair service provider, if applicable; and
  2. the carrier takes whatever steps are necessary to ensure that they receive the requested assistance in a timely manner.

[5] Air Canada submits that when a request for a wheelchair is entered into the reservation record of a passenger in its reservation system (RES III), a message is sent to the Departure Control System (DCS) at each airport where such requests are handled by airport personnel. The Toronto airport is included in this system.

[6] Although Air Canada's response does not refer to particular steps it would take to ensure that persons with disabilities receive requested wheelchair assistance in a timely manner, the Agency, in a recent decision (Decision No. 180-AT-A-2008), found that Air Canada has addressed this issue.

[7] According to this updated information, Air Canada conducted a review of wheelchair assistance at the Toronto airport and implemented improvements. The improvements include redesigning the roles and responsibilities of the Special Passenger Attendance Team (SPAT), reviewing the duties of the arrival agents which focus on passengers with disability-related needs, hiring additional staff and improving radio communications. Bulletins submitted as part of its corrective measures highlighted the need to meet customers upon arrival, the need to prioritize passengers to be taken to the gate or bus, and the need for prompt communication, especially with connecting passengers.

Show cause - corrective measure 2

• Establish procedures to ensure the timely provision of wheelchair assistance at the Toronto airport, such as requiring its supervisors to review staffing needs to ensure that there will be an adequate number of ground personnel available to provide wheelchair assistance to passengers with disabilities in a timely manner.

[8] Air Canada submits that it takes historical numbers, aircraft types, routes, flight schedules and seasonality into consideration when assessing staffing requirements. Air Canada also states that since 2000, its coordinators review individual Passenger Service Messages generated by the RESIII or Web Daily systems to determine pre-planned special service requests and staff accordingly. Air Canada explains that unexpected and last minute requests are more challenging, and that priority is given to passengers who have pre-requested a service and to emergency cases.

[9] Ms. Polacco's travel at the Toronto airport coincided with the Ontario school break period and she did pre-request the service. Had Air Canada assigned agents to each of the two customers needing assistance, their needs may have been adequately met. Therefore, Air Canada should have ensured that an adequate number of personnel was available.

[10] However, and as noted in the previously cited Decision (Decision No. 180-AT-A-2008), Air Canada has redesigned the SPAT's roles and responsibilities and hired 80 additional staff at the Toronto airport to ensure that service levels to passengers with specific needs are maintained, particularly over the busy holiday seasons.

Show cause - corrective measure 3

• Establish procedures to ensure the implementation of its policy for prioritizing wheelchair assistance at the Toronto airport to passengers with disabilities.

[11] Air Canada submits that "procedures are in place to ensure the timely provision of service to passengers with disabilities" at the Toronto airport. It adds that it could not explain why the agent did not follow Air Canada's operations. It also explains that the agent's actions fly in the face of logic, given that wheelchairs were available, and that had the assistance she requested been provided, it would have been easier and quicker for her and the agent.

[12] The Agency is aware that Air Canada has updated its policies and procedures designed to prioritize wheelchair assistance at the Toronto airport, as cited in Decision No. 180-AT-A-2008.

Show cause - corrective measure 4

• Amend its personnel training program to include the new policies and procedures with respect to the provision of wheelchair assistance.

[13] Air Canada states that it cannot explain why an Air Canada agent would not have assisted Ms. Polacco with a wheelchair when such a request was made. It submits that policies and procedures are already in place to adequately meet wheelchair assistance requests. Air Canada claims that if these actions happened, they were not the result of a lack of training and procedures, it was rather the result of an agent who did not follow the sequence of service. Air Canada also states that it will be adding the example of the service shortfall experienced by Ms. Polacco to its training program.

Show cause - corrective measure 5

• File copies of all of the policies and procedures it has implemented to ensure the timely provision of wheelchair assistance by its personnel at the Toronto airport.

[14] Air Canada states that a systemic problem that would require the air carrier to create or amend procedures does not exist. Rather, it submits that the problem is the result of an agent who did not follow procedures, and that the example of the shortfall in service experienced by Ms. Polacco will be included in its training program. Furthermore, and as noted in Decision No. 180-AT-A-2008, policies and procedures have since been updated by Air Canada to ensure the timely provision of wheelchair assistance at the Toronto airport.

CONCLUSION

[15] In light of the foregoing, the Agency finds that Air Canada meets the requirements of the corrective measure and that the measures undertaken by Air Canada are consistent with the corrective measures contemplated in the Decision. As a result, no further action is required in this matter.

Members

• Beaton Tulk
• Raymon J. Kaduck