Decision No. 249-AT-A-2007
May 16, 2007
IN THE MATTER OF Decision No. 648-AT-A-2006 dated November 27, 2006 - Wilfred Legault vs Air Canada.
File No. U3570/05-5
In its Decision No. 648-AT-A-2006 dated November 27, 2006 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Wayne Wolanski on behalf of Wilfred Legault which raised concerns regarding Air Canada's online reservation system, the lack of assistance provided by Air Canada to Mr. Legault at the Winnipeg International Airport (hereinafter the Winnipeg airport) to board his flight and Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight.
The Agency found that Air Canada's online reservation system constituted an undue obstacle to the mobility of Mr. Legault and constituted an undue obstacle to the mobility of other persons with disabilities, in general, who used online reservation systems at the time of Mr. Legault's travel. The Agency further found that the lack of assistance provided by Air Canada to Mr. Legault at the Winnipeg airport to board his flight and Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight constituted undue obstacles to his mobility. As such, the Agency directed Air Canada to take the following corrective measures as set out in the Decision and indicated that it would review the appropriateness of the measures taken:
- issue a bulletin to its reservations agents and customer sales and service agents at the airport highlighting that persons with disabilities have specific needs and the importance of being aware of and sensitive to the needs of persons with disabilities, and stressing the fact that Air Canada's policies and procedures provide that: (a) its reservation agents must determine with the customer the type of wheelchair assistance required and enter the proper code in his or her passenger name record (PNR); and that (b) when a passenger requests walk on and off wheelchair assistance (WCHR) for stations without loading bridges, the carrier's personnel are to ask if he or she is able to negotiate aircraft steps as no loading bridge is available. Therefore, when a passenger can negotiate stairs, the WCHR code is to be used; when a passenger cannot negotiate stairs, the WCHS code is to be used; and when a passenger cannot walk at all, the WCHC code is to be used.
- incorporate into its training programs a description of the situation which developed with respect to Mr. Legault, without naming him, and advise the Agency of the measures it has taken to ensure that the requisite level of training is provided to its reservations agents and customer sales and service agents at the airport, and particularly its employees at the Winnipeg airport, regarding the procedures for determining the type of wheelchair assistance required by a passenger and the procedures for wheelchair assistance for stations without loading bridges.
The Agency also recognized in the Decision that, since the filing of Mr. Legault's application, Air Canada had modified its online reservation system and made it more accessible to persons with disabilities booking online travel. However, the Agency was of the opinion that persons with disabilities who are travelling with a battery-operated wheelchair or who require wheelchair assistance within the aircraft or whose needs are not met by the selection options for disability-related services on Air Canada's Web site should be aware of the fact that they should contact a reservation agent to discuss the services they require and that a contact number is necessary to persons with disabilities calling from within Canada who must contact a reservation agent to complete their online reservation in addition to a notification that persons calling from outside Canada should check their local listing for the number to call. Therefore, the Agency directed Air Canada to take the following corrective measures with respect to its current RES III system, and indicated that it would review the appropriateness of these additional measures:
- Air Canada was required to add to the list of circumstances under which passengers with disabilities should contact Air Canada, (1) persons who are travelling with a battery-operated wheelchair; (2) persons who require wheelchair assistance within the aircraft; and (3) persons whose needs are not met by the selection options for disability-related services on Air Canada's Web site.
- Air Canada was required to modify its online reservation system by adding a contact number or a link to contact information to the narrative description for persons requiring assistance within the aircraft (self-reliant and non self-reliant) and to the screen setting out the specific circumstances under which passengers with disabilities should contact Air Canada in order to complete their online reservation from which the information will be transferred to the passenger's PNR. As a minimum, a contact number for persons calling from within Canada should be provided, with a notation that persons calling from outside Canada should check their local listing for the number to call.
- Air Canada was required to modify its online reservation system by providing a clearer description of the exact service that each of the three types of wheelchair assistance provides.
On January 10, March 20, April 2 and May 1, 2007, Air Canada filed elements of response to the Decision.
CONCLUSION
The Agency has considered the measures taken in response to the Decision. The Agency is satisfied, subject to Air Canada amending its online reservation system to provide a clearer description of the exact service provided for each of the three types of wheelchair assistance by June 2007, that it meets this requirement of the Decision. The Agency is also satisfied that Air Canada has met the other requirements of the Decision. As such, no further action is necessary in this matter.
Members
- Beaton Tulk
- Mary-Jane Bennett
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