Decision No. 519-AT-A-2004

September 30, 2004

Follow-up - Decision No. 323-AT-A-2007

September 30, 2004

IN THE MATTER OF Decision No. 221-AT-A-2004 dated April 30, 2004 - Tracey Marcinov against Ceske Aerolinie A.S. carrying on business as Czech Airlines CSA.

File No. U3570/03-40

BACKGROUND

[1] In its Decision No. 221-AT-A-2004 dated April 30, 2004 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Paul Marcinov on behalf of his daughter, Tracey Marcinov, concerning the policies of Ceske Aerolinie A.S., carrying on business as Czech Airlines CSA (hereinafter CSA), that require guide dogs to be chained and muzzled; CSA's failure to provide Ms. Marcinov with an orientation of the aircraft and an individual safety briefing on both the flight from Montréal, Quebec, Canada, to Prague, Czech Republic, operated on September 27, 2003 and the flight from Prague to Montréal operated on November 8, 2003; and the seating assignment provided to Ms. Marcinov on the flight from Prague to Montréal.

[2] The Agency determined that CSA's policies that require guide dogs to be chained and muzzled; CSA's failure to provide Ms. Marcinov with an orientation of the aircraft and an individual safety briefing on the subject flights; and the seating assignment provided to Ms. Marcinov on the flight from Prague to Montréal constituted undue obstacles to her mobility. Pursuant to the Decision, the Agency directed CSA to take the following corrective measures within thirty (30) days from the date of the Decision:

[3] 1. Provide Ms. Marcinov with a written apology, in electronic format, for the difficulties she experienced while travelling with CSA;

[4] 2. Provide a copy of the Decision to the pilots and in-flight personnel of the flights on which Ms. Marcinov travelled; to the check-in and boarding personnel at the Prague and Montréal airports; and to CSA's Director, Montréal Office. CSA was also required to confirm with the Agency that it has provided such copies;

[5] 3. Amend its policies to:

  1. clearly indicate that a service animal requires neither a chain nor a muzzle under any circumstances;
  2. indicate the seats that provide added accessibility for persons with disabilities, including persons who use service animals;
  3. indicate exactly which seats may not be occupied by persons with disabilities, including persons who use service animals, with reasons for such restrictions;
  4. ensure that all persons with disabilities who require specific seating to accommodate a disability will be assigned such seats, provided that they have not already been assigned to other persons with disabilities;
  5. reflect the importance of initiating discussions with persons with disabilities, or their representatives, to ensure that the seat requested by the passenger or suggested by the air carrier is compatible with the person's needs;

[6] 4. Provide a copy of the amended policies to the Agency;

[7] 5. Amend its International Passenger Rules and Fares Tariff to ensure consistency with its amended policy with respect to the carriage of service animals; to clearly state that service animals are not required to be chained; and, in respect of seating for persons with disabilities, to specify which seats are restricted;

[8] 6. Modify its Cabin Crew Operations Manual to include a requirement for personnel to provide an orientation of the aircraft to persons with disabilities in addition to the existing requirement to provide an individual safety briefing to persons with disabilities;

[9] 7. Provide the Agency with a detailed description of the measures CSA will take to ensure that, according to its Cabin Crew Operations Manual, persons with disabilities, including persons who use service animals, are provided with an orientation of the aircraft and an individual safety briefing prior to take-off;

[10] 8. Provide the Agency with a detailed description of the measures CSA will take to ensure that persons with disabilities, including persons who use service animals, will be informed of any requirements or restrictions relating to their travel;

[11] 9. Reflect the difficulties experienced by Ms. Marcinov in its training program for all of its personnel who interact with the public, including its pilots, to address:

  1. the concerns raised in Ms. Marcinov's application regarding the awareness of personnel of the carrier's policies and procedures and CSA's terms and conditions of carriage pertaining to the carriage of persons with disabilities;
  2. appropriate seating for persons with disabilities;
  3. the acceptance of certified and properly harnessed service animals without the need to chain or muzzle the service animals;
  4. the measures to be taken to ensure that an orientation of the aircraft and an individual safety briefing are provided to persons with disabilities, including persons who use service animals;
  5. the need to have a dialogue on the person's needs at the time of reservation and during check-in; and
  6. personnel sensitivity regarding persons with disabilities and persons who use service animals.

[12] 10. Issue to all CSA personnel who interact with the public, including the carrier's pilots, a bulletin that:

  1. summarizes the incident experienced by Ms. Marcinov, without providing her name;
  2. describes the amended policies noted in the third corrective measure set out above;
  3. describes the amendments to CSA's training program for assistance to persons with disabilities;
  4. stresses the importance of trying to resolve such situations through discussions with the person with a disability; and

[13] 11. Provide a copy of this bulletin to the Agency.

PRELIMINARY MATTER

[14] On May 14, 2004, CSA requested an extension until June 30, 2004 to comply with the requirements set out in the Decision. The Agency, by Decision No. LET-AT-A-140-2004 dated May 17, 2004, granted the requested extension. On July 2, 2004, the Agency received CSA's response to the Decision. Although the Agency received CSA's response after the prescribed deadline, the Agency accepts CSA's response as relevant and necessary to its consideration of this matter.

ISSUE

[15] The issue to be addressed is whether the measures taken by CSA meet the requirements of the Decision.

POSITION OF CSA

[16] In its response, CSA lists the corrective measures set out int the Decision and, for each corrective measure, provides an explanation of the action taken in order to satisfy each requirement and/or refers to an attached Annex (one of Annexes "A" through "E") wherein information in response to the associated corrective measure is provided.

[17] Annex "A" is a copy of a letter of apology dated May 14, 2004, sent via email from CSA to Ms. Marcinov.

[18] Annex "B" is a copy of a memorandum dated May 14, 2004, attached to which is a copy of the Decision, addressed to crew members of the two CSA flights on which Ms. Marcinov travelled. CSA states in its response that it has also provided copies of the Decision to the check-in and boarding personnel at the Prague and Montréal airports.

[19] Annex "C" contains excerpts from the following three CSA sources:

  1. CSA's International Passengers Regulations Manual (hereinafter the Regulations Manual) -- the Regulations Manual provides the terms and conditions of carriage of persons with disabilities, including persons travelling with guide dogs; information regarding reservations for persons with disabilities; definitions of codes used to denote accessibility needs identified during reservations, including codes such as LEGL, LEGR, LEGB, OXYG, STCR, WCHR, WCHS, DEAF and BLND; tables entitled "Special Passenger Seats" which list specific seats to be assigned where appropriate (i.e., seats with extra legroom, seats for unaccompanied minors, emergency exit seats, etc.); and the procedures for check-in staff to follow regarding the assignment of seats to persons travelling with guide dogs. The Regulations Manual also states that "The [guide] dog must wear a harness and leash. A muzzle is not necessary."
  2. CSA's Ground Operations Manual (hereinafter the Operations Manual) -- the Operations Manual states, in part: "check whether the passenger holds the following documents and facilities for the guide dog: [...] a muzzle, to be put on if necessary [...] Note: If a passenger does not comply with all the above conditions, he/she will not be accepted for carriage." It is also stated in the Operations Manual that passengers who are deaf and passengers who are blind may not be seated in emergency exit row seating.
  3. CSA's computer reservations system -- a note for travel agents has been added to CSA's reservations system. CSA's reservations system is accessible to CSA's reservations personnel and travel agents. The note sets out the conditions of carriage of persons using service animals, which provide that service animals are to be carried free of charge in the passenger cabin; that service animals must be properly leashed and harnessed; that service animal certification must be submitted; and that persons using service animals may not sit in emergency exit row seating.

[20] Annex "D" contains excerpts from CSA's Operating Procedures: Ground Handling Instructions (hereinafter the Ground Handling Instructions) and from CSA's Cabin Crew Operations Manual (hereinafter the Cabin Crew Manual). The Ground Handling Instructions state, in part, that "The owner of the [guide] dog has to present all required documents at check-in [...] and carry a muzzle for the dog"; and provides a list of persons which may not be seated where they might impede access to emergency and rescue equipment. The Cabin Crew Manual states, in part, that all persons with disabilities must be individually briefed before the flight by a specially assigned member of the Cabin Crew on how to use emergency and safety equipment; about the positioning and use of the washroom facilities and how to use the call signal button. The Cabin Crew Manual also states that before the flight and on request of the passenger, Cabin Crew members are obliged to provide an orientation of the aircraft; and that the person using a guide dog must carry a muzzle for the animal (to be used if necessary).

[21] Annex "E" is divided into two parts, each entitled "Immediate Corrective Action" and "Comprehensive Corrective Action". The Immediate Corrective Action states that all cabin crew members on both the subject flights were familiarized with the contents of the Cabin Crew Manual and Part A (Pre-flight passenger briefings, including briefings for passengers with disabilities) of the Ground Handling Instructions. The Comprehensive Corrective Action states that all cabin crew members will be familiarized with this case during recurrent training in 2004/05; that special emphasis will be put on assisting passengers with disabilities; and that the applicable chapters from the Cabin Crew Manual and Part A of the Ground Handling Instructions will be used and re-emphasized.

[22] With respect to the bulletin referred to in corrective measures 10 and 11 of the Decision, CSA submits that a bulletin will be published in the July/August edition of CSA's OK magazine.

ANALYSIS AND FINDINGS

[23] CSA's compliance with the corrective measures of the Decision, as set out above, will be addressed individually in the following analyses.

First corrective measure

[24] The first corrective measure of the Decision required CSA to provide Ms. Marcinov with a written apology, in electronic format, for the difficulties she experienced while travelling with CSA.

[25] The Agency notes that, on May 14, 2004, CSA issued a written apology, in electronic format, to Ms. Marcinov for the difficulties she experienced while travelling with CSA. A copy was also filed with the Agency on the same date.

Findings

[26] In light of the foregoing, the Agency is satisfied that CSA has complied with the first corrective measure of the Decision.

Second corrective measure

[27] The second corrective measure of the Decision required CSA to provide a copy of the Decision to the pilots and in-flight personnel of the flights on which Ms. Marcinov travelled; to the check-in and boarding personnel at the Prague and Montréal airports; and to CSA's Director, Montréal Office. CSA was also required to confirm with the Agency that it has provided such copies.

[28] The Agency notes that CSA has confirmed that a copy of the Decision was issued to the crew members of the flights on which Ms. Marcinov travelled and to the check-in and boarding personnel at the Prague and Montréal airports. The Agency also notes that CSA's response to the Decision was filed by CSA's Montréal Office Director and, thus, accepts that the Director has reviewed the Decision as part of his preparation of CSA's response to the Agency.

Findings

[29] In light of the foregoing, the Agency is satisfied that CSA has complied with the second corrective measure of the Decision.

Third corrective measure

[30] The third corrective measure of the Decision required CSA to amend its policies to:

  1. clearly indicate that a service animal requires neither a chain nor a muzzle under any circumstances;
  2. indicate the seats that provide added accessibility for persons with disabilities, including persons who use service animals;
  3. indicate exactly which seats may not be occupied by persons with disabilities, including persons who use service animals, with reasons for such restrictions;
  4. ensure that all persons with disabilities who require specific seating to accommodate a disability will be assigned such seats, provided that they have not already been assigned to other persons with disabilities;
  5. reflect the importance of initiating discussions with persons with disabilities, or their representatives, to ensure that the seat requested by the passenger or suggested by the air carrier is compatible with the person's needs;

Corrective measure 3.a)

[31] The Agency notes that CSA's policies no longer require a service animal to be chained or muzzled. Specifically, CSA's Regulations Manual states, in part, that "The [guide] dog must wear a harness and leash. A muzzle is not necessary." However, the Agency is concerned with amendments to CSA's policies which require a person using a guide dog to carry a muzzle for a guide dog in the event that it may be required. Specifically, the Agency notes such amendments to the following three documents:

  1. CSA's Operations Manual, which states, in part: "check whether the passenger holds the following [...] a muzzle to be put on if necessary [...] Note: If a passenger does not comply with all the above conditions, he/she will not be accepted for carriage";
  2. CSA's Ground Handling Instructions, which state, in part: "The owner of the [guide] dog has to present all required documents at check-in [...], and carry a muzzle for the dog"; and
  3. CSA's Cabin Crew Manual, which states, in part: "The owner of the [guide] dog has to carry a muzzle for the dog (for the case of ultimate necessity of using it)".

[32] The Agency recognizes that CSA's requirement for a person using a guide dog to carry a muzzle to be used if necessary stems from the same concern as CSA's previous policy which required guide dogs to be muzzled, that is that an unmuzzled animal may bite or harm a passenger. In the Decision, the Agency acknowledged that the requirement to muzzle animals travelling in the passenger cabin stems from this safety-related concern, and explained that certified guide dogs are bred and trained for their temperament, capabilities and behaviour; that they are tested thoroughly to detect signs of aggression; that guide dogs are trained to behave properly in public and are not used to being muzzled; and that certified guide dogs are harnessed when on duty which enhances their ability to guide persons who are visually impaired.

[33] In light of the above, the Agency is of the opinion that a transportation service provider should not require a passenger using a trained, certified and properly harnessed guide dog to have a muzzle available under any circumstances (emphasis added). This was reflected in the corrective measure 3.a) set out above. Furthermore, the Agency emphasized in the Decision that a service animal is trained to wear a harness to better guide and assist the person using the service animal and that it is not trained to perform its duties with a chain or muzzle; and that a service animal that is muzzled may be hindered from performing its duties, which may have a negative impact on the mobility and independence of the person using the service animal. The Agency is therefore of the opinion that CSA's requirement that a person using a service animal have a muzzle available is excessive and unnecessary.

[34] The Agency also notes that neither the note to travel agents in CSA's computer reservations system, which contemplates the terms and conditions of carriage of persons using guide dogs; the Regulations Manual; nor CSA's International Passenger Rules and Fares Tariff (hereinafter CSA's tariff) filed with the Agency indicate that persons using guide dogs are required to have muzzles available to be put on if necessary. Specifically, the note for travel agents contains terms and conditions of carriage of persons using service animals, but makes no reference to the need for persons using service animals to have a muzzle to be put on if necessary. Similarly, CSA's Regulations Manual states, among other things, that "The [guide] dog must wear a harness and leash. A muzzle is not necessary." The Agency is concerned that, as CSA's terms and conditions of carriage are not consistently reflected in its policies, reservation system and tariff, CSA personnel, travel agents and persons using service animals may be provided with inconsistent information which could lead to persons using service animals encountering difficulties similar to those experienced by Ms. Marcinov.

[35] Consequently, the Agency is of the opinion that CSA has not complied with corrective measure 3.a) of the Decision.

Corrective measure 3.b)

[36] CSA's Regulations Manual contains a table which states, in part:

Incapacitated Passengers 1E, 9B, 12G, 25G
Wheelchair (WCHC only) 1E, 9B, 12G, 25G
Handicapped Passenger Accompanied by Guide Dog to Assist 1GH, 5GH
Leg Space Seats row 11
Seat to be offered last 11AH, 28GH
Emergency Exits row 11
Stretcher 6 - 8AB, 12 - 14GH (prefer)
Remarks: Oxygen 7B, 7F, 12G, 13G - additional [...]

[37] The Agency notes that this table indicates, among other things, the seats that provide added accessibility for persons with disabilities, including persons who use service animals.

[38] The Agency is of the opinion that these modifications to CSA's policies will more clearly indicate to its staff which seats may be best suited for persons with disabilities, including persons who use service animals.

[39] Accordingly, the Agency is of the opinion that CSA has complied with corrective measure 3.b) of the Decision.

Corrective measure 3.c)

[40] The Agency notes that CSA has amended its policies to reflect which seats may not be occupied by persons with disabilities, including persons using service animals. Specifically, CSA's reservation system, which contains information that can be viewed by travel agents, indicates, among other information, that persons using service animals may not be seated in emergency exit rows, and CSA's Ground Handling Instructions state, in part, that persons with disabilities are not permitted to occupy seats in the emergency exit row. In addition, the Ground Handling Instructions provide a brief rationale for the seating restrictions.

[41] The Agency is of the opinion that these additions to CSA's policies and, specifically, to its reservations system, which may be accessed by travel agents, will more clearly convey to CSA personnel, travel agents and, in turn, persons with disabilities alike, which seats may be best suited for persons with disabilities, including persons who use service animals.

[42] The Agency is therefore of the opinion that CSA has complied with corrective measure 3.c) of the Decision.

Corrective measure 3.d)

[43] The Agency notes that CSA's Ground Operations Manual states, in part, that check-in agents will determine whether the passenger is booked for the correct flight; determine whether his/her reservation has been confirmed by all carriers; assign the designated seat to the passenger; check the appropriate remarks in the check-in system or insert them into the system; and contact personnel who will assist the passenger. The Agency also notes CSA's use and definition of standard reservation codes (such as LEGR, OXYG, STCR, WCHR, DEAF and BLND), which include recommended seating for passengers with disabilities, as well as the table of recommended seating [noted in corrective measure 3.b)].

[44] The Agency is of the opinion that the foregoing policies and procedures will help to ensure that persons with disabilities who require specific seating to accommodate a disability will be assigned such seats. The Agency is therefore of the opinion that CSA has complied with corrective measure 3.d) of the Decision.

Corrective measure 3.e)

[45] The Agency notes that there is no indication within CSA's response to the Decision or within CSA's manuals that CSA has amended its policies to reflect the importance of initiating discussions with persons with disabilities, or their representatives, to ensure that the seat requested by the passenger or suggested by the air carrier is compatible with the passenger's needs. Notwithstanding the fact that CSA has amended its Ground Operations Manual to indicate which seats are designated for persons with disabilities, the Agency is of the opinion that the importance of initiating a dialogue between CSA's personnel and passengers with disabilities is a pivotal component in ensuring that the needs and expectations of passengers with disabilities are consistent with the services/facilities to be offered and, therefore, remains of the opinion that CSA must amend its policies in this regard as required by the Decision.

Findings

[46] In light of the foregoing, the Agency is satisfied that CSA has complied with corrective measures 3.b), 3.c) and 3.d), but finds that CSA has not fully complied with corrective measures 3.a) and 3.e). As such, CSA should be required to amend its policies and procedures to:

  • clearly indicate that a service animal requires neither a chain nor a muzzle under any circumstances (emphasis added) and, specifically, remove from its policies and procedures any reference to the requirement for persons using service animals to have a muzzle just in case; and
  • reflect the importance of initiating discussions with persons with disabilities, or their representatives, to ensure that the seat requested by the passenger or suggested by the air carrier is compatible with the person's needs.

Fourth corrective measure

[47] The fourth corrective measure of the Decision required CSA to provide the Agency with a copy of its amended policies.

Findings

[48] The Agency notes that CSA provided a copy of its amended policies and is therefore satisfied that CSA has complied with the fourth corrective measure of the Decision.

Fifth corrective measure

[49] The fifth corrective measure of the Decision required CSA to amend its International Passenger Rules and Fares Tariff to ensure consistency with its amended policy with respect to the carriage of service animals; to clearly state that service animals are not required to be chained; and, in respect of seating for persons with disabilities, to specify which seats are restricted.

[50] The Agency notes that no changes have been made to the relevant sections of CSA's tariff since the issuance of the Decision on April 30, 2004.

Findings

[51] The Agency finds that CSA has not complied with the fifth corrective measure of the Decision as no changes have been made to the relevant sections of its tariff since the issuance of the Decision. Accordingly, CSA should be required to amend its International Passenger Rules and Fares Tariff to ensure consistency with its amended policy with respect to the carriage of service animals; to clearly state that service animals are not required to be chained; and, in respect of seating for persons with disabilities, to specify which seats are restricted.

Sixth corrective measure

[52] The sixth corrective measure of the Decision required CSA to modify its Cabin Crew Operations Manual to include a requirement for personnel to provide an orientation of the aircraft to persons with disabilities in addition to the existing requirement to provide an individual safety briefing to persons with disabilities.

[53] The Agency notes that the Cabin Crew Manual states, in part, that:

All [persons with disabilities] must be individually briefed before the flight by specially [assigned] member of Cabin Crew how to use emergency [and] safety equipment, about the positioning and using the toilet [and] Cabin Crew call signal button. Before the flight and on request of the passenger of BLND or DEAF type are assigned Cabin Crew members obliged to make an orientation in the cabin with passenger.

[54] The Agency is of the opinion that this amendment will help to provide persons with disabilities with an increased sense of security, greater awareness of their surroundings and hence greater independence while on board the aircraft. The Agency is also of the opinion that, as safety briefings are to be provided to all persons with disabilities, those persons with disabilities who are not deaf and/or blind will have an opportunity to request an orientation of the aircraft during the security briefing.

Findings

[55] In light of the foregoing, the Agency is satisfied that CSA has complied with the sixth corrective measure of the Decision.

Seventh corrective measure

[56] The seventh corrective measure of the Decision required CSA to provide the Agency with a detailed description of the measures CSA will take to ensure that, according to its Cabin Crew Operations Manual, persons with disabilities, including persons who use service animals, are provided with an orientation of the aircraft and an individual safety briefing prior to take-off.

[57] The Agency notes, as per its analysis of the sixth corrective measure, that amendments were made to CSA's Cabin Crew Manual as required. The Agency also notes CSA's submission that all cabin crew members will be familiarized with this case during recurrent training in 2004/05; that special emphasis will be put on assisting passengers with disabilities; and that the applicable chapters from the Cabin Crew Manual and Part A of the Ground Handling Instructions will be used and re-emphasized.

Findings

[58] The Agency is satisfied that CSA is taking measures to ensure that its staff are familiar with the relevant amendments and related procedures regarding the provision of safety briefings and orientations of the aircraft as required by the Decision. The Agency, therefore, finds that CSA has complied with the seventh corrective measure of the Decision.

Eighth corrective measure

[59] The eighth corrective measure of the Decision required CSA to provide the Agency with a detailed description of the measures CSA will take to ensure that persons with disabilities, including persons who use service animals, will be informed of any requirements or restrictions relating to their travel.

[60] The Agency notes that CSA made a note for travel agents in its reservations system to which reservations agents will also have access. The note in the reservations system states, in part, that guide dogs must be trained; that certification of the guide dog's training must be provided; that the guide dog must be properly leashed and harnessed; and that the passenger may not sit in an emergency exit row.

[61] Furthermore, CSA's Regulations Manual provides the terms and conditions of carriage of persons with disabilities, including persons travelling with service animals; information regarding reservations for persons with disabilities; and definitions of codes used to denote special needs identified during reservations.

[62] The Agency also notes that CSA's Ground Operations Manual states that persons with disabilities may not occupy seats which would prevent an emergency evacuation; and that CSA's Regulations Manual contains a seating table (noted above) which indicates recommended seating for persons with disabilities and persons using service animals.

Findings

[63] In light of the foregoing, the Agency is satisfied that the amendments to CSA's policies and reservations system will help to ensure that CSA reservations agents and travel agents will be able to better inform persons with disabilities, including persons using service animals, of requirements or restrictions relating to their travel. The Agency, therefore, finds that CSA has complied with the eighth corrective measure of the Decision.

Ninth corrective measure

[64] The ninth corrective measure of the Decision required CSA to reflect the difficulties experienced by Ms. Marcinov in its training program for all of its personnel who interact with the public, including its pilots, to address:

  1. the concerns raised in Ms. Marcinov's application regarding the awareness of personnel of the carrier's policies and procedures and CSA's terms and conditions of carriage pertaining to the carriage of persons with disabilities;
  2. appropriate seating for persons with disabilities;
  3. the acceptance of certified and properly harnessed service animals without the need to chain or muzzle the service animals;
  4. the measures to be taken to ensure that an orientation of the aircraft and an individual safety briefing are provided to persons with disabilities, including persons who use service animals;
  5. the need to have a dialogue on the person's needs at the time of reservation and during check-in; and
  6. personnel sensitivity regarding persons with disabilities and persons who use service animals.

[65] In response to the ninth corrective measure, the Agency notes that CSA made the following statement:

All cabin crew members will be familiarised with this case during Recurrent Training 2004/2005 (lessons of CRM - Crew Resource Management). The special emphasis will be put on the rules of treatment of handicapped passengers. The applicable chapters from Cabin Crew Operations Manual and Operations Manual - Part A [pre-flight passenger briefings, including persons with disabilities] will be used and recapitulated.

[66] The Agency notes that this excerpt refers only to CSA cabin crew, whereas the corrective measure required CSA to "reflect the difficulties experienced by Ms. Marcinov in its training program for all of its personnel who interact with the public, including its pilots, [...]" (emphasis added). In this regard, the Agency is of the opinion that CSA has not indicated that it has made changes to its training program for all of its personnel. Furthermore, the Agency notes that CSA stated that "special emphasis will be put on the rules of treatment of handicapped passengers" and that it will be using the "applicable chapters" of various manuals. The Agency is concerned that CSA has not addressed with an adequate degree of specificity each of the components set out in paragraphs a) through f) of the ninth corrective measure. Specifically, CSA needs to explicitly identify which of the components set out in paragraphs a) through f) are to be included in CSA's "special emphasis on the rules of treatment of handicapped passengers"; which are to be included in the review of the "applicable chapters" of its manuals, and so forth.

Findings

[67] In light of the foregoing, the Agency finds that CSA should be required to clarify that it has reflected the difficulties experienced by Ms. Marcinov in its training program for all of its personnel (emphasis added) who interact with the public, including its pilots, to address:

  1. the concerns raised in Ms. Marcinov's application regarding the awareness of personnel of the carrier's policies and procedures and CSA's terms and conditions of carriage pertaining to the carriage of persons with disabilities;
  2. appropriate seating for persons with disabilities;
  3. the acceptance of certified and properly harnessed service animals without the need to chain or muzzle the service animals;
  4. the measures to be taken to ensure that an orientation of the aircraft and an individual safety briefing are provided to persons with disabilities, including persons who use service animals;
  5. the need to have a dialogue on the person's needs at the time of reservation and during check-in; and
  6. personnel sensitivity regarding persons with disabilities and persons who use service animals.

[68] CSA should also be required to file with the Agency a copy of its training program clearly showing the amendments that reflect the above-noted components.

Tenth and eleventh corrective measures

[69] The tenth corrective measure of the Decision required CSA to issue to all CSA personnel who interact with the public, including the carrier's pilots, a bulletin that:

  1. summarizes the incident experienced by Ms. Marcinov, without providing her name;
  2. describes the amended policies noted in the third corrective measure of the Decision;
  3. describes the amendments to CSA's training program for assistance to persons with disabilities; and
  4. stresses the importance of trying to resolve such situations through discussions with the person with a disability.

[70] The eleventh corrective measure of the Decision required CSA to provide a copy of this bulletin to the Agency.

[71] The Agency notes CSA's statement that a bulletin would be published in the July/August edition of CSA's OK magazine, but CSA has not filed a copy of the bulletin with the Agency.

Findings

[72] As CSA has not filed a copy of the bulletin with the Agency, the Agency finds that CSA has not complied with the eleventh corrective measure of the Decision. In this regard, the Agency will defer its finding regarding the tenth corrective measure pending receipt of the bulletin to which CSA refers.

[73] Accordingly, CSA should be required to file with the Agency a copy of the bulletin that CSA published in its OK magazine; to confirm that all of CSA's employees who interact with the public, including the carrier's pilots, received a copy of the bulletin; and to ensure that the bulletin:

  1. summarizes the incident experienced by Ms. Marcinov without providing her name;
  2. describes the amended policies noted in the third corrective measure of the Decision;
  3. describes the amendments to CSA's training program for assistance to persons with disabilities; and
  4. stresses the importance of trying to resolve such situations through discussions with the person with a disability.

CONCLUSION

[74] Based on the above findings, the Agency is satisfied that CSA has complied with corrective measures 1, 2, 3.b), 3.c), 3.d), 4, 6, 7, and 8 of the Decision. The Agency is, however, not satisfied that CSA complied with corrective measures 3.a), 3.e), 5, 9, 10, and 11 of the Decision.

[75] Accordingly, CSA is hereby required to take the following measures within thirty (30) days from the date of this Decision:

[76] 1. Amend its policies and procedures to:

  1. clearly indicate that a service animal requires neither a chain nor a muzzle under any circumstances (emphasis added) and, specifically, remove from its policies and procedures any reference to the requirement for persons using service animals to have a muzzle just in case, and
  2. reflect the importance of initiating discussions with persons with disabilities, or their representatives, to ensure that the seat requested by the passenger or suggested by the air carrier is compatible with the person's needs; and

    Provide the Agency with a copy of its amended policies and procedures.

[77] 2. Amend its International Passenger Rules and Fares Tariff to:

  1. ensure consistency with its amended policy with respect to the carriage of service animals,
  2. clearly state that service animals are not required to be chained, and
  3. specify which seats are restricted, with respect to seating for persons with disabilities; and

    File with the Agency a copy of its amended International Passenger Rules and Fares Tariff.

[78] 3. Further clarify that it has reflected the difficulties experienced by Ms. Marcinov in its training program for all of its personnel (emphasis added) who interact with the public, including its pilots, to address:

  1. the concerns raised in Ms. Marcinov's application regarding the awareness of personnel of the carrier's policies and procedures and CSA's terms and conditions of carriage pertaining to the carriage of persons with disabilities,
  2. appropriate seating for persons with disabilities,
  3. the acceptance of certified and properly harnessed service animals without the need to chain or muzzle the service animals,
  4. the measures to be taken to ensure that an orientation of the aircraft and an individual safety briefing are provided to persons with disabilities, including persons who use service animals,
  5. the need to have a dialogue on the person's needs at the time of reservation and during check-in, and
  6. personnel sensitivity regarding persons with disabilities and persons who use service animals; and

    File with the Agency a copy of its training program clearly showing the amendments that reflect the above-noted components.

[79] 4. Provide the Agency with a copy of the bulletin, as published in CSA's OK magazine, and a confirmation that all of CSA's employees who interact with the public, including its pilots, received a copy of the bulletin. CSA must ensure that the bulletin:

  1. summarizes the incident experienced by Ms. Marcinov without providing her name,
  2. describes the amended policies noted in corrective measure 3 of Decision No. 221-AT-A-2004,
  3. describes the amendments to CSA's training program for assistance to persons with disabilities, and
  4. stresses the importance of trying to resolve such situations through discussions with the person with a disability.

[80] Following its review of the measures taken by CSA, the Agency will determine whether further corrective measures are required.

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