Decision No. 27-A-1997

January 30, 1997

File No. U 3570/96-17

BACKGROUND

On October 7, 1996, Mr. Toufar filed an application with the Canadian Transportation Agency (hereinafter the Agency) pursuant to subsection 172(1) of the Canada Transportation Act.

POSITION OF MR. TOUFAR

Mr. Toufar, who has a mobility impairment and uses a wheelchair, advises that, upon deplaning at Terminal One of Toronto's Lester B. Pearson International Airport, he was unable to use any of the accessible washrooms located in the vicinity of the deplaning area because they were all being occupied. Mr. Toufar further advises that the terminal cleaning personnel directed the general public to the accessible facilities. Mr. Toufar complains about the use of the accessible washrooms by persons without disabilities and about the inconvenience he experienced.

POSITION OF TRANSPORT CANADA - AIRPORTS

In its letter to the Agency dated October 31, 1996, the Manager of Terminal One advises that there are barrier free washroom facilities throughout the Departures Ring Concourse area, which include all departure lounges and that such facilities are also provided in the Departures, Arrival and Basement Public Concourses. The Manager further submits that, although the lounge where Mr. Toufar arrived was crowded with passengers, other accessible washrooms were within reasonable distance in the adjoining lounges. He explains that Departures lounges F, G, I, J and K are the only ones which provide individual male and female accessible washrooms which are used by a variety of persons, including persons with disabilities and their attendant or a parent with child. According to the Manager, all accessible washrooms are identified with an affixed disability pictograph. He states that he will, however, endeavour to review the signage requirement on these washrooms' doors to reflect this message to the general public. The Manager also states that airline employees are trained to assist persons with disabilities in that they should be aware of the locations of all accessible washrooms and would gladly provide the guidance and assistance to these facilities. The Manager of Terminal One expresses his regrets for the inconvenience encountered by Mr. Toufar.

AGENCY FINDINGS AND CONCLUSIONS

The Agency is required to determine whether the level of accessibility of washroom facilities at Terminal One and their use by persons without disabilities did constitute an undue obstacle to Mr. Toufar's mobility and, if so, what corrective measures should be taken, if any.

The Agency has reviewed the information provided by the Manager of Terminal One in response to Mr. Toufar's complaint and finds that the number and location of the accessible washrooms in the public area of the terminal are acceptable. The Agency notes that the accessible washrooms are identified with the accessibility pictograph and that measures are being undertaken by the Terminal One Manager to review the signage requirement to assist in preventing the recurrence of a similar situation in the future. While recognizing the inconvenience experienced by Mr. Toufar, the Agency is of the view that it would be difficult to monitor the facilities open to the public in the often crowded conditions of arrival and departure lounges of an airport terminal. While there was an obstacle to the mobility of Mr. Toufar when he attempted, without success, to use an accessible washroom, the Agency is of the opinion that the obstacle was not undue in that it could not be easily eliminated under the circumstances. The Agency does not contemplate further action and considers this matter closed.