Decision No. 550-AT-A-2000

August 24, 2000

File No. U3570/00-29

APPLICATION

On April 26, 2000, Elliott Richman filed an application with the Canadian Transportation Agency (hereinafter the Agency) with respect to the matter set out in the title.

On May 26, 2000, Canada 3000 Airlines Limited (hereinafter Canada 3000) filed its answer to the application. Canada 3000 filed additional comments on June 8, 2000 and July 7, 2000. Mr. Richman did not reply.

ISSUE

The issue to be addressed is whether the absence of a TTY reservation number in the newspaper advertisement constituted an undue obstacle to Mr. Richman's mobility and, if so, what corrective measures should be taken.

FACTS

Mr. Richman is deaf and uses a TTY to communicate by telephone. In an advertisement published in the April 15, 2000 edition of the Halifax Chronicle-Herald, Canada 3000's name and a toll-free reservation number were provided, but there was no equivalent TTY number.

Although not specified in the advertisement, the toll-free number provided is that of Dream Vacations Inc. (hereinafter Dream Vacations), a licensed travel agency.

POSITIONS OF THE PARTIES

Mr. Richman submits that, as all of his communications are made through TTYs, the absence of a TTY reservation number in the advertisement in question, which he believes was published by Canada 3000, posed an undue hardship to him.

Canada 3000 explains that the toll-free number in question is advertised and operated by Dream Vacations. Canada 3000 states that at the time of this incident the public could not book or reserve directly with the carrier. All bookings or sales were made by travel agents either through a tour operator or directly with the carrier's call centre via a computer reservation system.

However, during the course of the investigation into this application, Canada 3000 indicated that it is undergoing many changes which will result in the carrier moving from operating on a charter basis only to operating many of its routes on a scheduled basis. Canada 3000 states that these changes will allow it to offer direct reservation and booking services to the public through a call centre located at its Toronto offices. The carrier indicates that although the call centre was introduced as a support centre for travel agents who were booking directly with Canada 3000 through a computer reservation system, it is slowly starting to provide direct booking services to passengers.

As a result, Canada 3000 has installed a TTY in its Toronto call centre and has held a training session for its employees on July 12, 2000. Canada 3000 also indicates that it will ensure that the availability of this service and the related number are advertised and noted in all publications it produces as well as on its recently acquired Web site. In a memo dated July 28, 2000, Canada 3000 informed its stations that the TTY service is available (both the local and toll free numbers are listed) and also reminded them that all future publications, notifications or general information bulletins should include both TTY numbers.

ANALYSIS AND FINDINGS

In making its findings, the Agency has considered all of the material submitted by the parties during the pleadings.

The Agency notes that, while the advertisement may have led readers to believe that Canada 3000 is promoting its services, the telephone number listed for reservations in the April 15th advertisement is in fact that of Dream Vacations and not that of Canada 3000. Consequently, the Agency finds that Canada 3000 did not create an undue obstacle to the mobility of persons who are deaf or hard of hearing as the travel agency was responsible for the publication of the advertisement in question and the telephone number was intended to promote Dream Vacations' booking and reservation services.

The Agency notes, however, that as part of the changes Canada 3000 is undergoing, it has installed a TTY line. Canada 3000 has also made a commitment to advertise the TTY number in all of its publications as well as on its Web site, to allow persons who are deaf or hard of hearing to also reach the carrier. Furthermore, Canada 3000 has informed its stations that the TTY service is available and that both the local and toll free TTY numbers should be included in all future publications, notifications or general information bulletins.

The Agency commends Canada 3000 for these initiatives as they will improve the accessibility of the services that it already provides to persons with disabilities by removing barriers faced by certain travellers. In addition to these initiatives, the Agency recommends that Canada 3000 enter into a discussion with Dream Vacations to encourage the travel agency to provide a TTY number in its advertisements as well as on its Web site when promoting Canada 3000's charter services.

CONCLUSION

Based on the above findings, the Agency finds that Canada 3000 did not create an undue obstacle to the mobility of Mr. Richman and persons who are deaf or hard of hearing.

Consequently, the Agency contemplates no action in this matter.