Decision No. 376-AT-A-2006
June 30, 2006
IN THE MATTER OF Decision No. 208-AT-A-2006 dated March 31, 2006 - Rick Goodfellow vs Jazz Air LP, as represented by its general partner, Jazz Air Holding GP Inc. carrying on business as Air Canada Jazz.
File No. U3570/05-15
BACKGROUND
In its Decision No. 208-AT-A-2006 dated March 31, 2006 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Rick Goodfellow. The application pertained to, inter alia, difficulties experienced by Mr. Goodfellow with the alternative ground transportation provided by Jazz Air LP, as represented by its general partner, Jazz Air Holding GP Inc. carrying on business as Air Canada Jazz (hereinafter Air Canada Jazz) on February 26, 2005 between the Victoria and Vancouver airports.
The Agency determined, inter alia, that the alternative ground transportation provided by Air Canada Jazz between the Victoria and Vancouver airports constituted an undue obstacle to the mobility of Mr. Goodfellow.
Pursuant to the Decision, the Agency directed that Air Canada Jazz create policies and procedures regarding the provision of alternative ground transportation to persons with disabilities when flights are cancelled, for example, due to weather conditions. The carrier was also required to advise the Agency of how it intends to make employees aware of these policies and procedures immediately following their approval by the Agency.
Furthermore, the Agency specified in the Decision that following a review of the appropriateness of the measures taken by Air Canada Jazz to remove the undue obstacle, it would determine whether further action is required.
On April 24, 2006, Air Canada requested an extension of time to file a response to Decision No. 208-AT-A-2006 on behalf of Air Canada Jazz. The Agency, in its Decision No. LET-AT-A-111-2006 dated April 26, 2006, granted Air Canada until June 1, 2006 to file its response. On June 5, 2006, the Agency received Air Canada's response dated May 30, 2006.
ISSUE
The issue to be addressed is whether the measures taken by Air Canada Jazz meet the requirements of Decision No. 208-AT-A-2006.
AIR CANADA'S SUBMISSION
Air Canada submitted the following documents and information in response to Decision No. 208-AT-A-2006.
Air Canada provided a copy of its updated policies and procedures from its Central Information Chapters (CIC) 99/180 and 99/5 with respect to irregular operations, including the provision of alternate ground transportation to persons with disabilities when flights are cancelled. The policies and procedures regarding the provision of alternate ground transportation to passengers with disabilities provide, inter alia, that:
- When arranging for alternate transportation to assist customers with disabilities, agents must ensure that:
- if the customer is travelling with a service animal, the animal will be accepted by the transport company;
- they clearly advise the transport company or Nationwide Hospitality of the need for a transport vehicle with special accessibility for customers with disabilities.
- Communication is vital. Details of the new air travel itinerary and/or options for alternative ground transportation must be clearly explained to the customer in order to ensure understanding and agreement with the alternate transportation arrangements.
- In situations where the ground transportation is not accessible, agents must communicate with the customer to determine what would be a suitable alternative.
Additionally, in a covering letter to its May 30, 2006 submission, Air Canada advised the Agency that Air Canada Jazz operates flights on behalf of Air Canada pursuant to a "Capacity Purchase Agreement" and adheres to the policies imposed by Air Canada regarding the handling of passengers.
Air Canada also provided a copy of an Air Canada Airport Services Bulletin entitled "Handling Customers with Disabilities - Alternate Transportation" that sets out the foregoing provisions from Air Canada's CICs, which Air Canada advises was distributed to Air Canada Jazz agents on May 26, 2006.
Also in its covering letter, Air Canada advised that Air Canada Jazz's management responsibilities include ensuring that all members of its passenger service personnel are briefed on these policies and that they comply with the policies. Air Canada further advised that should any changes occur to the policies, the management must ensure prompt communication of the changes. Finally, Air Canada advised that its new procedure will be added to the agenda for the conference for its senior lead agents held on a bimonthly basis and that the training plan will be adjusted accordingly.
CONCLUSION
The Agency has reviewed the information provided by Air Canada as set out above. The Agency is satisfied that Air Canada's updated policies and procedures with respect to the provision of alternative ground transportation to persons with disabilities when flights are cancelled, which also apply to Air Canada Jazz, and the bulletin issued to Air Canada Jazz agents setting out these policies and procedures should assist in preventing a recurrence of situations similar to the one experienced by Mr. Goodfellow.
Therefore, the Agency is satisfied that Air Canada Jazz has met the requirements of Decision No. 208-AT-A-2006. Accordingly, the Agency contemplates no further corrective action in this matter.
Members
- Marian L. Robson
- Baljinder Gill
- Beaton Tulk
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