Decision No. 492-C-A-2001

September 17, 2001

IN THE MATTER OF a complaint filed by Mr. H. with respect to the refusal by Air Canada to accept him as a passenger on Air Canada or its connector flights.

File No. M4370/A74/00

BACKGROUND

On January 3, 2001, the Canadian Transportation Agency (hereinafter the Agency) issued Decision No. 2-C-A-2001 on the complaint set out in the title. In its Decision, the Agency found that Air Canada's International Passenger Fares and Rules Tariff (hereinafter ACIT), as well as Air Canada's Canadian Domestic General Rules Tariff (hereinafter ACDT), did not contain terms and conditions of carriage clearly stating Air Canada's policy with respect to its authority to impose upon an unruly passenger a sanction other than simple refusal or removal.

Consequently, the Agency directed Air Canada to ensure that its ACIT and ACDT include terms and conditions of carriage clearly stating Air Canada's policy in respect of refusal to transport unruly passengers. Further, the Agency, pursuant to paragraph 67(1)(a) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter CTA), and subsection 110(1) of the Air Transportation Regulations, SOR/88-58, as amended, also directed Air Canada to publish a domestic tariff and file an international tariff that fully state the extent of the sanctions Air Canada may impose upon an unruly passenger, and the relationship between different levels of unruly behaviour and the range of sanctions, other than simple removal or refusal, that Air Canada may impose.

By letter dated March 30, 2001, Air Canada filed for the approval of the Agency a proposed international tariff. Air Canada advised that once the Agency allows the filing of the international tariff, it would mirror these provisions in its published domestic tariff.

In a letter dated June 29, 2001, the Agency advised Air Canada that it was satisfied, in general, with the proposed international tariff, but that some modifications should be made to the wording to make it acceptable to the Agency.

By letter dated June 29, 2001, Air Canada advised that it fully endorsed the suggestions made by the Agency and filed an amended proposed tariff. Further amendments to the proposed international tariff were filed with the Agency by Air Canada on July 12, 2001.

By Decision No. LET-C-A-344-2001 dated July 20, 2001, the Agency found that Air Canada's proposed international tariff provisions filed on July 12, 2001 were acceptable. Accordingly, the Agency granted Air Canada special permission to allow the revisions to be filed in tariffs with the Agency on not less than one day's notice.

Air Canada filed the agreed tariff provisions in its ACIT, for effect August 11, 2001, and in its transborder Canadian General Rules Tariff, for effect August 14, 2001. Air Canada also published the same provisions in its ACDT for effect August 7, 2001.

ISSUE

The issue to be addressed is whether the revised tariff provisions in respect of refusal to transport, filed in ACIT and ACDT for effect August 11, 2001 and August 7, 2001, respectively, comply with the requirements of Agency Decision 2-C-A-2001 issued on January 3, 2001.

ANALYSIS AND FINDINGS

The Agency has reviewed Air Canada's filed international tariff, and published domestic tariff, and finds that the terms and conditions included in those tariffs clearly state Air Canada's policy in respect of refusal to transport unruly passengers. Further, the Agency finds that ACDT and ACIT fully state the extent of the sanctions Air Canada may impose upon an unruly passenger, and the relationship between different levels of unruly behaviour and the range of sanctions, other than simple removal or refusal, that Air Canada may impose.

CONCLUSION

In light of the foregoing, the Agency finds that the provisions on refusal to transport passengers filed in ACIT, for effect August 11, 2001, and published in ACDT for effect August 7, 2001, comply with the requirements of Agency Decision No. 2-C-A-2001. The Agency therefore contemplates no further action in this matter.