Decision No. 216-AT-A-1999

May 7, 1999

May 7, 1999

IN THE MATTER OF Decision No. 482-AT-A-1998 dated October 6, 1998 - Canadian Regional Airlines (1998) Ltd. carrying on business as Canadian Regional.

File No. U3570/98-10


BACKGROUND

In Decision No. 482-AT-A-1998 dated October 6, 1998, the Canadian Transportation Agency (hereinafter the Agency) made its determination on the application filed by Sherry Nornberg. Ms. Nornberg complained about the level of wheelchair assistance that she was provided with at the Edmonton International Airport, the manner in which the manual body search was conducted at the airport security screening point and the failure by Canadian Regional Airlines (1998) Ltd. carrying on business as Canadian Regional (hereinafter Canadian Regional) to provide the services that had been requested at the time of booking to meet her needs during her trip between Edmonton, Alberta and Fort St. John, British Columbia, on March 26, 1998.

The Agency made the following findings:

  • With respect to the airport wheelchair that was provided for Ms. Nornberg's use in the Edmonton International Airport terminal, the Agency recognized that, while the absence of a reclining feature created an obstacle to her mobility, it did not find the obstacle to be undue. The Agency indicated, however, that when it begins its study of the broader issue of full terminal accessibility, it will further review the matter of airport wheelchairs.
  • On the security screening issue, the Agency found that the lack of privacy during the process constituted an undue obstacle to Ms. Nornberg's mobility. The Agency found that the measures taken by the security firm subsequent to the incident would help to prevent the recurrence of situations similar to the ones experienced by Ms. Nornberg. Consequently, no action was contemplated in this respect.
  • The Agency found that Canadian Regional's failure to provide Ms. Nornberg with assistance in boarding and deplaning constituted both a contravention of paragraph 147(1)(c) of the Air Transportation Regulations, SOR/88-58, as amended, and an undue obstacle to her mobility.
  • The Agency found that the lack of communication and initiative demonstrated by the carrier and the effects thereof constituted an undue obstacle to the mobility of Ms. Nornberg as it could have been easily avoided through dialogue with the travel agent, the passenger representative or the passenger.

Pursuant to Decision No. 482-AT-A-1998, Canadian Regional was required to send a bulletin to its travel agents, employees and contracted personnel reminding them of the importance of exchanging information concerning the transportation needs of persons with disabilities, not only when the passenger arrives at the airport, but also when the travel arrangements are being made. Canadian Regional was also requested to submit a copy of this reminder to the Agency within thirty (30) days of the date of that Decision.

ISSUE

The issue to be addressed is whether the measures undertaken by Canadian Regional meet the requirements of Decision No. 482-AT-A-1998.

FACTS

Canadi*n provided the Agency with copies of three (3) bulletins issued by Canadian Regional on November 5, 1998 to its customer service agents, ramp/station attendants and travel agents reminding them that clear communication of the service requirements of persons with disabilities with special needs is critical to the effective delivery of these services. The bulletins indicate that this goal can be achieved by:

  • first of all asking the question "How can we help you?", as was emphasized to its employees during their training;
  • inputting clear special service request messages in the customer's Passenger Name Record at the time of booking;
  • ensuring that special service requests are noted at the time of check-in and on the General Passenger List onboard aircraft; and
  • ensuring that special service requests are communicated to the employees or contractors that will deliver the actual service.

ANALYSIS AND FINDINGS

The Agency has reviewed the bulletins issued by Canadian Regional and finds that they meet the requirements of the Agency set out in Decision No. 482-AT-A-1998.

The Agency is satisfied that as a result of the issuance of these bulletins, the employees/ contractors/agents concerned are now reminded of their obligations as they relate to sensitivity and awareness to the needs of persons with disabilities and, specifically, of the assistance they are expected to provide to these passengers. The Agency finds that the measures undertaken by the carrier provide for appropriate consultation, a better understanding of the passengers' disabilities and needs, and a level of assistance compatible with the passengers' disabilities. These measures should assist in preventing the recurrence of situations similar to the ones experienced by Ms. Nornberg and in eliminating undue obstacles to the mobility of persons with disabilities.

CONCLUSION

Based on the above findings, no further action is contemplated with respect to this matter.

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