Decision No. 538-AT-A-2005
August 29, 2005
File No. U3570/04-52
BACKGROUND
In its Decision No. 361-AT-A-2005 dated June 10, 2005 (hereinafter the Decision), the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to an application filed by Stephanie and Ross Sowak. The application pertained to the level of assistance provided by Air Canada following boarding gate changes on October 23 and November 7, 2004, and the lack of wheelchair assistance at the Vancouver International Airport (hereinafter the Vancouver airport) on the same dates.
The Agency determined that Air Canada's policy regarding the assistance provided to persons with disabilities when there are boarding gate changes did not constitute an obstacle to the mobility of Mr. and Mrs. Sowak. The Agency did, however, find that the lack of wheelchair assistance from the security/customs area to the designated boarding gate at the Vancouver airport on both October 23 and November 7, 2004 constituted an undue obstacle to the mobility of Mr. and Mrs. Sowak.
Pursuant to Decision No. 361-AT-A-2005, Air Canada was directed by the Agency to:
- provide the Agency with a copy of the policies and procedures that have been put in place by Air Canada to provide wheelchair assistance to persons with disabilities at the Vancouver airport, and
- issue a bulletin to Air Canada personnel who may have to provide wheelchair assistance to persons with disabilities emphasizing the importance of awareness of the particular need of persons who require wheelchair assistance.
The bulletin was also required to summarize the Agency's Decision in Mr. and Mrs. Sowak's case, without mentioning their names, as an example of the negative outcomes that may arise when Air Canada's personnel do not adequately provide wheelchair assistance to persons with disabilities. Air Canada was required to provide a copy of the policy and procedures and a copy of the bulletin to the Agency within thirty (30) days from the date of the Decision. Following a review of the required information, the Agency would determine whether further action was required.
ISSUE
The issue to be addressed is whether the Agency is satisfied with the measures taken by Air Canada in response to Decision No. 361-AT-A-2005.
ANALYSIS AND FINDINGS
The Agency has reviewed the information filed by Air Canada on July 8, 2005 in response to Decision No. 361-AT-A-2005.
Air Canada filed a copy of its bulletin entitled Assisting Customers With Disabilities in Vancouver Airport. In that bulletin, Air Canada reminded its personnel of its Policy CIC*840/49 with respect to wheelchair assistance to be provided to persons with disabilities. This policy clearly sets out the steps to be followed by agents to recognize customers requiring the use of a wheelchair. The Agency is of the opinion that the procedures annotated in the bulletin should prevent a situation similar to that experienced by the Sowaks from recurring.
Air Canada also submitted a copy of its airport services bulletin entitled Customers with Disabilities Awareness. The Agency notes that Air Canada did not summarize the Agency's Decision in Mr. and Mrs. Sowak's case as an example of the negative outcomes that may arise when Air Canada's personnel do not adequately provide wheelchair assistance to persons with disabilities. Air Canada does, however, note that some customers travelling with Air Canada were not provided with wheelchair assistance and does remind its agents of the importance of asking questions to determine the customers' needs and the importance of delivering the service or assistance as requested.
In light of the foregoing, the Agency is satisfied that the measures undertaken by the carrier should assist in preventing the recurrence of situations similar to the ones experienced by Mr. and Mrs. Sowak.
CONCLUSION
The Agency is satisfied with the measures taken by Air Canada in response to Decision No. 361-AT-A-2005. Accordingly, the Agency does not contemplate any further action in this matter.
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