Decision No. 648-AT-A-2006

November 27, 2006

Follow-up - Decision No. 249-AT-A-2007

November 27, 2006

IN THE MATTER OF Decision No. 450-AT-A-2005 dated July 13, 2005 - Wilfred Legault v. Air Canada.

File No. U3570/05-5


OVERVIEW

[1] On February 22, 2005, Wayne Wolanski, on behalf of Wilfred Legault, filed an application with the Canadian Transportation Agency (hereinafter the Agency) which raised concerns regarding Air Canada's online reservation system, the lack of assistance provided to Mr. Legault at the Winnipeg International Airport (hereinafter the Winnipeg airport) to board his flight and Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight.

[2] Following the pleadings process, the Agency issued Decision No. 450-AT-A-2005 dated July 13, 2005 (hereinafter the Show Cause Decision).

BACKGROUND

[3] In the Show Cause Decision, the Agency made findings that Air Canada's online reservation system constituted an obstacle to the mobility of Mr. Legault and constitutes an obstacle to the mobility of other persons with disabilities, in general, who use online reservation systems and that the lack of assistance provided by Air Canada to Mr. Legault at the Winnipeg airport to board his flight and Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight constituted obstacles to his mobility.

[4] The Agency, in making its preliminary findings that the aforementioned obstacles were undue, provided Air Canada with the opportunity, by way of a direction to show cause, to specifically address these preliminary undue obstacle findings. As part of its response to the show cause, the Agency directed Air Canada to respond to the following within thirty (30) days from the date of the Show Cause Decision:

  1. Air Canada is required to provide a complete description of how an online reservation is made including, but not limited to, how requests for disability-related services are made, who is notified of such requests and what confirmation, if any, is provided. Air Canada is also required to submit any policies and procedures it may have that are specific to its online reservation system.
  2. Air Canada is required to explain its reservation policy as it relates to online reservations, and provide a copy of this policy to the Agency.
  3. Air Canada is required to provide a detailed report with supporting documentation setting out the implications of modifying its online reservation system to remedy the obstacles, for example, by the means identified in a) to c) below, or by any other means that Air Canada considers would address the preliminary undue obstacles:
    1. expanding the disability-related services drop down list to specify all available services to persons with disabilities, including all eleven services required by the ATR;
    2. allowing a person with a disability to choose a combination of services, if required, for each flight segment; and
    3. adding an information dialogue box, such that when a service is highlighted, an explanation of what the service covers is provided.
  4. If Air Canada is limited in the services it can add to the drop down list, it is to provide a detailed explanation as to why this is so.
  5. Air Canada is required to provide submissions as to whether its policy requiring its agents to determine with a customer the type of wheelchair assistance required and enter the proper code in the PNR applies to reservations which have been booked online.
  6. Air Canada is required to provide a complete description of the service provided when the WCHR code appears on a PNR and specifically describe the venues where this service begins and ends, i.e. whether assistance is provided from check-in to the door of the aircraft.
  7. Air Canada is required to provide submissions as to whether its policy that passengers requesting WCHR assistance for stations without loading bridges are to be asked whether they are able to negotiate aircraft stairs and, if not, a WCHS code is entered in their PNR, also applies to reservations which have been booked online.

[5] On August 12, 2005, Air Canada submitted that it was unable to provide a complete answer to the Show Cause Decision within the time set out by the Agency and it requested an extension of time to provide the information. Air Canada further submitted that the information would be better presented orally or through a live demonstration by one of its information technology experts in lieu of a written submission. Air Canada also submitted that although it had provided a description of the limitations to its reservation system, it was unable to provide the supporting documentation requested by the Agency that would set out the implications of modifying its existing online reservation system because any existing documentation is highly technical and would not serve the Agency's purpose. As such, Air Canada requested an extension of time to November 1, 2005, to make interim changes to the online portion of its reservation system or to report to the Agency why certain changes could not be implemented. In this regard, Air Canada noted that the demonstration of the modifications could also be made at a hearing.

[6] In subsequent correspondence dated October 16, 2005, Air Canada explained that it was initially thought that changes could only be accommodated as part of the new "reservation platform" and noted that the person in charge of the project determined that it would be possible to modify Air Canada's current RES III system to implement certain changes by the end of the first quarter of 2006 and that it would therefore not be necessary to wait until the implementation of a new reservation system (RES IV). In this regard, Air Canada advised that because of the time spent to implement a more permanent modification to its RES III system, the interim changes which were to be implemented as of November 1, 2005, would be delayed to December 1, 2005.

[7] In its Decision No. LET-AT-A-289-2005 dated November 3, 2005, the Agency found that in order to further its investigation in the above-noted application, a technical briefing would be held which would allow potential options for addressing the preliminary undue obstacles found by the Agency in its Show Cause Decision to be explored before changes to Air Canada's existing online reservation system were implemented. In this regard, the Agency required Air Canada to advise as to its availability for the technical briefing.

[8] In response, Air Canada advised that it would be available for a technical briefing on December 6, 2005, which took place at the Agency's headquarters in Gatineau, Quebec. Mr. Legault declined to attend the technical briefing.

[9] In its Decision No. LET-AT-A-28-2006 dated January 31, 2006, the Agency required Air Canada to file written submissions with respect to all elements of the Show Cause Decision, as well as further information with respect to its reservation system.

[10] On March 8, 2006, Air Canada filed its response to Decision No. LET-AT-A-28-2006 and requested an extension of time to implement changes to its online reservation system. In its Decision No. LET-AT-A-110-2006 dated April 25, 2006, the Agency granted the extension until May 1, 2006, as requested.

AIR CANADA RESPONSE TO SHOW CAUSE DECISION

Description of how an online reservation is made

[11] In the Show Cause Decision, Air Canada was required to provide a complete description of how an online reservation is made including, but not limited to, how requests for disability-related services are made, who is notified of such requests and what confirmation, if any, is provided. Air Canada was also required to submit any policies and procedures it may have that are specific to its online reservation system.

[12] In its response to the Show Cause Decision, Air Canada notes that its reservation system, contrary to the system of I.M.P. Group Limited, carrying on business as, among others, CanJet Airlines, a Division of I.M.P. Group Limited (hereinafter CanJet) which the Agency noted in the Show Cause Decision as having a more comprehensive list of available services and as being capable of permitting a person with a disability to select as many services as are required for each leg of their journey, is required to interact with other reservation systems and must use internationally recognised codes to indicate the service that is required. Air Canada notes that CanJet is a low-cost air carrier which offers point-to-point services and which does not offer interline services with other air carriers.

[13] Air Canada submits that RES III is comprised of two systems. Air Canada explains that the first system is the "Reservation System", which contains all information on a passenger in a file called the Passenger Name Record (hereinafter PNR) which is built through reservations from many sources such as those generated by Air Canada's reservation agents; by travel agents either using the "Agency Direct System" or one of the various Computer Reservation Systems (hereinafter CRS) that speak to Air Canada's reservation system, such as Sabre, Galileo, Amadeus or WorldSpan; by other air carriers through their reservation systems; or by passengers using the online reservation facility. Air Canada notes that more than 60 percent of its reservations are made by travel agents and explains that its online reservation system is part of the Reservation System.

[14] Air Canada further explains that the second system is the "Departure Control System" (hereinafter DCS) which sends to the airports the information required for the day of the flight and captures the changes made at the airport. Air Canada states that "special" service requests (hereinafter SSRs) that are specific to a customer are recorded in the PNR and are then sent to the DCS records and that, at the airport, the agent will add in the DCS record the final seat assignment, the bags checked and, if applicable, the travel documents.

[15] Air Canada notes that SSR codes do not only pertain to services to passengers with disabilities, but also cover seat selection, frequent flyer identification and "special meals". Air Canada further notes that in Mr. Legault's PNR there were three SSR fields: his name and that of his travelling companion as they were to appear on the tickets; the wheelchair request for each segment of the trip; and the seat selection for Mr. Legault and his travelling companion. Air Canada further explains that SSRs appear on the boarding pass as well, however, these are limited to ten characters. Typically, SSR codes for disability-related services are four characters in length.

Air Canada's reservation policy as it relates to online reservations

[16] In the Show Cause Decision, Air Canada was required to explain its reservation policy as it relates to online reservations, and provide a copy of this policy to the Agency.

[17] In its response to the Show Cause Decision, Air Canada notes that when the WCHR code is requested, the passenger is provided wheelchair assistance from the check-in counter or "special services area" to the boarding gate and that this code is intended for passengers who can walk short distances. Furthermore, Air Canada notes that customer sales and service agents at airports that service flights with no loading bridge or that require considerable walking between the boarding gate and the aircraft are expected to enter into a dialogue with customers to determine whether they can walk the distance and ascend stairs and, if they are unable to do so, the code will be changed to the WCHS code or, in extreme cases if it is determined that a passenger cannot walk at all, to the WCHC code.

Implications of modifying Air Canada's online reservation system

[18] In the Show Cause Decision, Air Canada was required to provide a detailed report with supporting documentation setting out the implications of modifying its online reservation system to remedy the obstacles, for example, by the means identified in a) to c) below, or by any other means that Air Canada considers would address the preliminary undue obstacles:

  1. expanding the disability-related services drop down list to specify all available services to persons with disabilities, including all eleven services required by the ATR;
  2. allowing a person with a disability to choose a combination of services, if required, for each flight segment; and
  3. adding an information dialogue box, such that when a service is highlighted, an explanation of what the service covers is provided.

[19] Air Canada advises that given that its Reservation System is outdated and does not meet its needs and those of its customers, it recently signed a letter of intent with a supplier to replace its system, but that such a large information technology project is expected to take up to three years to complete. Air Canada further advises that it intends to expand the module concerning services to passengers with disabilities in the new system. In this regard, Air Canada submits that, because of the mammoth task of creating a new reservation system that will interact with the other reservation systems and CRSs, all efforts are concentrated on this project and attempting to modify the current reservation system with its limits and older technology is not sensible or even feasible.

[20] Air Canada advises, however, that meanwhile it intends to add to the list of SSRs on its Web site those options that do not necessitate additional information/discussion with its customers and would be all encompassing, for example, "request a wheelchair to and from the aircraft and to ascend stairs" which would correspond to the WCHS code. Air Canada further advises that it will also add text to better inform customers with "special needs" as to what is available from Air Canada and in which case they should contact its reservation call centre, which may refer them to the MEDA Desk (i.e., if they have a condition that requires "special attention", if they require oxygen during their flight or if they are travelling with a service animal) as the case may be.

[21] Air Canada submits that in order to provide proper care to its customers, SSRs also appear on the DCS record and the boarding pass, and that the limit on the boarding pass is set at ten characters. Air Canada explains that this limitation is inherent to its Reservation System which is more than ten years old and, as such, the scroll down menu for online reservations which lists the available "special services" cannot be modified to allow customers to identify more than one option and to have the scroll down menu speak to the Reservation System.

[22] In a subsequent submission, Air Canada advises that the person in charge of the project to modify its Reservation System had determined that it would be possible to modify the current RES III system to implement certain changes, possibly by the end of the first quarter of 2006, and that as such it would not be necessary to wait until the implementation of RES IV, the new reservation system.

[23] Air Canada confirms that the following changes have been made to its online reservation page. Firstly, a box that refers to the services for passengers with disabilities was added to the reservation page bringing the customer to the page describing the "special needs" as follows:

Special Needs:

Air Canada offers a number of services for people with disabilities

Click here for details.

[24] Air Canada further confirms that in the pages relating to "special needs", it added an important notification as follows:

*Important Notification

Once you have completed your booking, please call Air Canada Reservations if:

You have your own wheelchair and it is battery operated

The selection options provided do not describe your needs

You require more than one of our above special services

You have a service animal

You require an extra "comfort" seat due to your size

You require our Unaccompanied Minor service

You have pet(s) you wish to travel with

You require oxygen during your flight

[25] At the technical briefing held on December 6, 2005, Air Canada stated that any change to its online reservation system that has an impact on the reservation of a person and the service being rendered needs a change in the RES III system and that any change also requires engineering "so it can speak to the RES III system". Air Canada noted that interim changes were made to some of the reference information in RES III on November 23, 2005. Air Canada advised, however, that it intended to make further changes to its online system so that a passenger will be able to select as many "special services" as they require from the five options on the scroll down menu1 and there will be a further explanation of what each service provides so a passenger can decide which service best suits his/her needs. In this regard, Air Canada indicated that a clearer description of the complete service that each of the three types of wheelchair assistance encompasses was possible, but that this could not be done until the late summer of 2006, as this change required special programming because it is in the "still" pages of the Web site as well as in the interactive pop-up pages with multiple choices.

[26] In its additional submissions in response to Decision No. LET-AT-A-28-2006, Air Canada clarifies that the changes to be made to its RES III system were to the Web booking which interacts with the RES III system and that no changes can reasonably be made to the RES III system itself. Air Canada notes that this is why it is in the process of creating a separate reservation system. Air Canada explains that it is the Web site that allows a person to make a booking online and that the Web site interacts with the RES III system which is comprised of the Reservation System and the DCS.

[27] Air Canada submits that it is unable to provide specifics regarding RES IV at this time, or anticipate the time frames for establishing the system requirements for the RES IV system, nor is it able to provide the system requirements as they relate to the module for persons with disabilities or the feasibility/design study. Likewise, Air Canada submits that it is not able to provide at this time any details regarding or description of the features it intends to build into the RES IV system for services to persons with disabilities. Air Canada explains that the RES system is not the system that passengers access directly when booking on their own and that this system, like most major airline systems in the world, is complex and requires training. Air Canada further explains that this is why it built an interface and more consumer-friendly, albeit limited, access through its Web site.

[28] Air Canada submits that its RES III system has reached its saturation and every modification to it is precarious for the entire system and is very costly. Air Canada further submits that it has limited resources knowledgeable of the reservation system and that is why it chose to use these resources for the construction of the new RES IV system and for the maintenance (not modification) of the current RES III system.

[29] In response to questions from the Agency regarding the implications of modifying the "CHP" record so that it could be used by passengers with disabilities, particularly those who are frequent travellers, to indicate their accessibility-related requirements in a permanent profile so that this information does not have to be reformulated, Air Canada advises that the "CHP" record is a derivative of the frequent flyer program and has limited fields. Air Canada further advises that the data on the "CHP" record does not always appear on reservations made for a specific passenger and, depending on the source of the reservation, be it by a travel agent, another airline, another Global Distribution System (hereinafter GDS), it may not be transferred to the PNR. Air Canada notes that as it could not guarantee the consistency of this process, it was concerned that it may result in service requests not being recorded in the system and, therefore, the various airports not being advised in advance of the need for "special services".

[30] Air Canada reiterates that the changes to be implemented for May 1, 2006 will add options for persons with disabilities by using existing codes in the RES III system. Air Canada explains that it was not able to implement new codes that currently do not exist in the RES III system or in the International Air Transport Association (hereinafter the IATA) system, as bookings in the Air Canada system may be generated from sources other than its own reservation agents, such as by travel agents and other airlines through other reservation systems. Air Canada further invited the Agency to consult the carrier's Web site.

Means of communication between Air Canada and persons with disabilities

[31] In response to the Agency's request for an explanation of the various means of communication between Air Canada and persons with disabilities, including sufficient technical details, and why a representative of Air Canada could not be prompted to contact passengers with disabilities who book online reservations to confirm the services they require and to follow up by entering this information in the passenger's PNR and providing the passenger with confirmation of the services to be provided, Air Canada submits that the system as it exists is not equipped to create a prompt for a call to the passenger when a SSR code is chosen. In this regard, Air Canada confirms that a call will not be placed to a passenger unless warranted by other factors, such as schedule changes or changes of aircraft type. Air Canada explains that reservations made on the Web are hosted in the RES III system and this system comprises bookings not only from the Web, but from all over the world made by other airlines, by Air Canada's reservation call centres, airport or city ticket offices, travel agents and other GDS systems. As such, Air Canada states that the current RES III system cannot be modified to include a prompt to an Air Canada representative to contact passengers with disabilities who book online reservations to confirm the services they require. Air Canada submits that the proposed scheme would mean considerable expense to Air Canada by adding processes to modify the system, train the employees, modify the process and staff the call centre for this purpose and that this cost would be an undue hardship for the carrier. Furthermore, Air Canada submits that the questions and suggestions by the Agency consisting of having its management call or communicate by e-mail with passengers to complete their bookings is beyond the scope of the complaint at hand, as the jurisdiction of the Agency to inquire into a matter stems only from a complaint. Air Canada submits that the modification sought would considerably increase the cost of product distribution by Air Canada, adding processes and, moreover, if its management were to complete bookings, Air Canada would be infringing on the scope of the work of its call centre agents.

[32] As for the Agency's suggestion of adding free flow text to an online Web booking by way of a "CHP" record, Air Canada explains that the Web booking is an interface between the customer and the RES III system. Air Canada further explains that the RES III system cannot accommodate real "free flow" text, as this system limits the number of characters by lines and this function cannot be transmitted from the Web. Air Canada notes that even if free flow text is written in the RES III system itself, the number of characters from that text that would be transmitted to the DCS (the system that is in operation at airports around the world) is extremely limited. Air Canada further notes that trained reservation agents or travel agents are familiar with the various systems and can write in the requests as necessary and that this is not a function that it can implement at this time for use by self-serving customers using its Web site. Furthermore, Air Canada has confirmed that the regular $25.00 fee for passengers who book their travel through a reservation agent will not be charged to persons with disabilities who call Air Canada to confirm their disability-related services following the booking of an online reservation.

[33] In response to the Agency's suggestion that a contact number for Air Canada should be provided in the narrative description of persons requiring assistance within the aircraft and in the screen setting out the specific circumstances under which passengers with disabilities should contact Air Canada in order to complete their online reservation, Air Canada argues that as the template for its Web site is the same for all of its international Web sites it would not be practical, and could even be misleading and frustrating for the passenger, to provide a contact number at this time as the number would be different depending on where the person is residing.

[34] In response to the Agency's request for an explanation as to why a dedicated line should not be set up to enable persons with disabilities who are required to contact Air Canada to discuss disability-related services, Air Canada submits that a dedicated telephone number is not the best way to serve the customer. Air Canada notes that one of the changes it intends to make to its Web site is the reference to call centres for passengers seeking additional information or who believe that their "special needs" are not met by the options provided on the Web site. Air Canada notes that the general call centre number ensures a quicker response time for the passenger as many lines are available, there are call centres from coast to coast and it offers a longer period of coverage with service in the official language of the passenger's choice. Air Canada submits that a single dedicated line would require a staffing level at a cost of at least $245,000 per year (20 hours per day of coverage x $32/hour of salary plus benefits). Air Canada notes that this is for one single line and, therefore, if a passenger calls when another passenger is being served, they would have to wait longer than if the passenger had called the general call centre number. In addition, Air Canada submits that the wait time to be connected to its call centre is short. Air Canada therefore submits that the idea of a dedicated line is too costly, would constitute an undue burden for the carrier and is not effective, and thus would be a disservice and a reduction of the available service to passengers with disabilities.

Explanation of why Air Canada is limited in the services it can add to the drop down list

[35] In the Show Cause Decision, Air Canada was required, if it is limited in the services it can add to the drop down list or scroll down menu on the Web interface, to provide a detailed explanation as to why this is so.

[36] In its response to the Show Cause Decision, Air Canada states that its Reservation System was developed in the early 90's when Internet was not a reality. Air Canada further states that it is currently restricted in its DCS system to seven "special services", excluding names of passengers and that, except for frequent flyer status, all other SSRs require one SSR line per flight segment, for example, a passenger requiring a wheelchair on a return flight will require two SSRs.

[37] Air Canada notes that to provide proper care to its customers, SSRs also appear on the boarding pass and that the limit on the boarding pass is set at ten characters. Air Canada further notes that these limitations are inherent to its Reservation System, which is more than ten years old and that, as such, the scroll down menu cannot be changed to allow customers to identify more than one SSR.

[38] Air Canada submits that, while the Agency pointed out the "special meal" option that scrolls down to list seventeen choices, these choices are not cumulative as only one can be chosen and that, as for the frequent flyer program information, this information, apart from the frequent flyer number, does not interact with the Reservation System.

[39] Air Canada advises that to ensure proper handling of customers with "special needs", its call centre agents enter SSRs in customers' files by order of importance so that the most critical ones will appear on both the DCS system and the boarding pass and that some SSRs require additional information, which requires a discussion with the customer and that, because of this, these requests cannot be offered on its Web site.

Whether Air Canada's policy regarding determination of the type of wheelchair assistance required applies to online reservations

[40] In the Show Cause Decision, Air Canada was required to advise whether its policy requiring its agents to determine with a customer the type of wheelchair assistance required and enter the proper code in the PNR applies to reservations which have been booked online.

[41] In its response to the Show Cause Decision, Air Canada submits that when a passenger reserves online, either personally or through a travel agency using the "Agency Direct Product", the passenger is offered certain options as to the services offered by Air Canada for passengers with "special needs". Air Canada further submits that once the reservation is made a passenger or his/her travel agent may call the Air Canada reservation office to complete the request for services, for example, if a passenger is blind and requires a wheelchair. Air Canada states that its reservation agents are trained to determine through discussion with the passenger, what services are required. Air Canada notes that some services may require clearance through the MEDA Desk and its reservation agent will then direct the call to this service. Air Canada submits that dialogue is the best way of determining the service to be provided. Additionally, Air Canada states that certain fares are only available on the Web. Air Canada explains that while fees are charged for advanced seat selection, in the case of a passenger who requires seating to accommodate his/her disability, this will be noted on his/her record at no charge by the reservation agent, although it may mean that the passenger will not be confirmed in advance as to which specific aisle seat will be assigned.

Description of services provided when the WCHR code appears on a PNR

[42] In the Show Cause Decision, Air Canada was required to provide a complete description of the service provided when the WCHR code appears on a PNR and specifically describe the venues where this service begins and ends, i.e. whether assistance is provided from check-in to the door of the aircraft.

[43] In its response to the Show Cause Decision, Air Canada submits that when the WCHR code is requested, the passenger is provided wheelchair assistance from the check-in counter or "special services area" (in some airports) to the boarding gate. Air Canada noted that this code is intended for passengers who can walk short distances.

Air Canada's policy regarding wheelchair assistance for stations without loading bridges

[44] In the Show Cause Decision, Air Canada was required to indicate whether its policy that requires its agents to ask passengers requesting WCHR assistance for stations without loading bridges if they are able to negotiate aircraft stairs and, if not, to enter a WCHS code in their PNR, also applies to reservations which have been booked online.

[45] In its response to the Show Cause Decision, Air Canada states that the customer sales and service agents at the airports which service flights with no loading bridge or which require considerable walking between the boarding gate and the aircraft are expected to dialogue with the customer to determine whether they can walk that distance and ascend stairs and, if it is determined that the passenger cannot walk or ascend stairs, the code will be changed to a WCHS or, in extreme cases, if it is then determined that the passenger cannot walk at all, to a WCHC code.

ISSUE

[46] The issue to be addressed is whether Air Canada's online reservation system constituted an undue obstacle to the mobility of Mr. Legault and constitutes an undue obstacle to the mobility of other persons with disabilities, in general, who use online reservation systems and, if so, what corrective measures should be taken. Additionally, the Agency needs to determine whether the lack of assistance provided by Air Canada to Mr. Legault at the Winnipeg airport to board his flight and Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight constituted undue obstacles to his mobility and, if so, what corrective measures should be taken.

DETERMINATION PURSUANT TO SECTION 172 OF THE CANADA TRANSPORTATION ACT (HEREINAFTER THE CTA) OF OBSTACLES AND WHETHER THEY ARE UNDUE

[47] When making a determination pursuant to section 172 of the CTA, the Agency must first determine whether the applicant's mobility was restricted or limited by an obstacle and, if so whether that obstacle was undue. The following summarizes what the Agency may consider when determining obstacles and the undueness of those obstacles.

Whether the applicant's mobility was restricted or limited by an obstacle

[48] The word "obstacle" is usually understood to mean something that impedes progress or achievement. As the word "obstacle" is not defined in the CTA, it must be read in its immediate legislative context which is, for the purposes of Part V of the CTA, the mobility of persons with disabilities, such mobility being achieved by having proper access to federal transportation services. In this way, the obstacle must be directly related to a person's disability such that an issue cannot be considered to be an obstacle simply because it is experienced by a person with a disability.

[49] In determining whether or not a situation constituted an "obstacle" to the mobility of a person with a disability in a particular case, the Agency looks to the travel experience of that person as expressed in the application. There is a broad range of circumstances where the Agency has found obstacles where the person was prevented from travelling, where the person was injured in the course of his or her travels (such as where the lack of appropriate accommodation during travel affects the physical condition of the passenger), or where the person was deprived of his or her mobility aid after the trip as a result of damage caused to the aid while it was being transported. Also, the Agency may find obstacles in instances where the person was ultimately able to travel, but circumstances arising from the experience call into question whether the person had proper access to effective transportation services.

[50] In the Show Cause Decision, the Agency made findings that Air Canada's online reservation system constituted an obstacle to the mobility of Mr. Legault and constitutes an obstacle to the mobility of other persons with disabilities, in general, who use online reservation systems and that the lack of assistance provided by Air Canada to Mr. Legault at the Winnipeg airport to board his flight and Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight constituted obstacles to his mobility.

Whether the obstacle was undue

[51] As with the term "obstacle", the term "undue" is not defined in the CTA in order to allow the Agency to exercise its discretion to eliminate undue obstacles in the federal transportation network. The word "undue" lends itself to a broad meaning; it is commonly understood to mean exceeding or violating propriety or fitness; excessive; inordinate; disproportionate. As something may be found disproportionate or excessive in one case and not in another, the Agency must take into account the context in which the allegation that an obstacle is undue is made. Under this contextual approach, the Agency must strike a balance between the rights of passengers with disabilities to use the federal transportation network without encountering undue obstacles and the carriers' commercial and operational considerations and responsibilities. This interpretation is in keeping with the national transportation policy set out in section 5 of the CTA and more particularly in subparagraph 5(g)(ii) of the CTA where it is stated inter alia that conditions under which carriers or modes of transportation operate must, as far as is practicable, not constitute an undue obstacle to the mobility of persons with disabilities.

[52] While the transportation industry designs its services to meet the needs of its users, the accessibility provisions of the CTA require transportation service providers in the federal transportation network to adapt their services, as far as is practicable, to the needs of persons with disabilities. There are however some impediments that have to be taken into consideration, such as security measures carriers must adopt and apply, timetables or schedules that they must attempt to adhere to for commercial reasons, equipment design and the economic impact of adapting services. These impediments may have some impact on persons with disabilities as, for example, they may not be able to board in their own wheelchair, they may have to arrive at a terminal earlier to allow time for boarding, and they may have to wait for a longer period of time for deboarding assistance than persons without disabilities. It is impossible to establish an exhaustive list of the obstacles a passenger with a disability may encounter and the impediments that transportation service providers will encounter in trying to meet the needs of persons with disabilities. A balance has to be struck between the various responsibilities of transportation service providers and the rights of persons with disabilities to travel without encountering undue obstacles and it is in the weighing of this balance that the Agency applies the concept of undueness.

[53] The Agency will consider Air Canada's response to the Show Cause Decision and the undueness of the obstacle findings made by the Agency in the Show Cause Decision.

ANALYSIS AND FINDINGS

[54] As stated in Decision No. 450-AT-A-2005, the Agency must strike a balance between the rights of passengers with disabilities to use the federal transportation network without encountering undue obstacles and the carriers' commercial and operational considerations and responsibilities. In reaching a final decision regarding the undueness of obstacles, the Agency considers impediments that transportation service providers may encounter in trying to meet the needs of persons with disabilities, such as the financial, operational and technical impacts of adapting services. A balance has to be struck between the various responsibilities of transportation service providers and the rights of persons with disabilities to travel without encountering undue obstacles and it is in the weighing of this balance that the Agency applies the concept of undueness.

[55] In its consideration of this matter, the Agency has also reviewed Air Canada's online reservation system following the implementation of changes to its Web site.

Air Canada's online reservation system

Obstacle

[56] As noted in the Show Cause Decision, Air Canada offers an online reservation service to its passengers, including passengers with disabilities, which permits passengers to book their trip through the Internet and to select trip preferences, such as meals and seating and to enter frequent flyer program information and information regarding their disability-related needs. The Agency is of the opinion, however, that Air Canada's online reservation service lacks essential information for persons with disabilities booking online in that the choice of disability-related services available in the scroll down menu is very limited and, in fact, does not include all of the services offered by Air Canada to persons with disabilities when they travel, nor many of the fundamental services that a carrier is required to provide pursuant to the provisions of the Air Transportation Regulations, SOR/88-58, as amended (hereinafter the ATR). Furthermore, the Agency is concerned that persons with disabilities requiring multiple disability-related services listed in the scroll down menu are not able to make more than one choice and therefore cannot specify all of the services that they require. For example, a person such as Mr. Legault who requires wheelchair assistance for distances and assistance climbing stairs cannot indicate his or her need for both of these services when making an online reservation. Furthermore, the Agency notes that the information on Air Canada's online reservation system regarding the services that Air Canada provides to persons with disabilities is limited, with the result that persons with disabilities making an online reservation may not be fully aware of the services available to them when they travel. As a result, the Agency found that Air Canada's online reservation system would likely result in inadequate and possibly incorrect information about the accessibility needs of persons with disabilities being reflected in the reservation records, with the result that the needs of those persons may not be met.

[57] In Mr. Legault's case, in particular, the limitations of Air Canada's online reservation system resulted in him not receiving the services necessary to meet his travel needs. As such, the Agency found that Air Canada's online reservation system constituted an obstacle to Mr. Legault's mobility and constitutes an obstacle to the mobility of other persons with disabilities, in general, who use online reservation systems.

Undueness analysis

[58] As noted in the Show Cause Decision, Air Canada's online reservation system is offered to all passengers, including passengers with disabilities. The Agency is aware that online booking is often the method of choice for frequent travellers, including those with disabilities who are aware of their travel needs and, as such, is of the opinion that, in order to function properly, the system must be complete and efficient. Furthermore, the Agency is aware that, like the general population, persons with disabilities increasingly rely on the Internet to access services and information.

Selecting more than one option and a description of disability-related codes

[59] As previously noted, persons with disabilities using Air Canada's online reservation system at the time Mr. Legault travelled could not select more than one disability-related service. The Agency is of the opinion that in order to ensure that the travel needs of a person with a disability will be met, the system must provide sufficient choices for disability-related services and a detailed description of what is provided when a particular service is selected. The Agency notes that at the time Mr. Legault booked his travel, the online system only provided five choices for disability-related services (i.e. none, assistance climbing stairs, assistance within the aircraft, blind passenger, hearing impaired, wheelchair within terminal) and no description of what those choices entailed was provided.

[60] The Agency notes, however, that Air Canada has made changes to its Web site since Mr. Legault travelled, which include the ability to select more than one option for specific services required and adding narrative descriptions to the list of disability-related service options, for example, "wheelchair assistance - climbing steps" would correspond to the WCHS code. The Agency notes as well that Air Canada has made changes to the description of the three types of wheelchair assistance provided to persons with disabilities who select "wheelchair assistance" when making their online reservation. Furthermore, the Agency notes that while multiple selections of disability-related service options can be selected, such as "person who is hard of hearing or deaf" and "travelling with your own manual wheelchair", only one selection for the type of wheelchair assistance required can be made which is appropriate. The Agency also notes that the narrative description for persons requiring wheelchair assistance within the aircraft (self-reliant and non self-reliant) advises passengers to contact Air Canada to assist in getting the assistance they require, however, these scenarios are not included in the specific circumstances under which passengers with disabilities are advised to contact Air Canada, indicated in its online reservation page.

Notification to contact Air Canada regarding disability-related needs

[61] As set out in the Show Cause Decision, the Agency is of the opinion that because Air Canada's online reservation system did not allow persons with disabilities to indicate basic types of assistance, including boarding assistance, at the time of Mr. Legault's travel, its usefulness was very limited and would likely result in miscommunication of disability-related service needs and further difficulties. While noting Air Canada's submission that once a reservation is made online, passengers can contact its call centre at any time to add a service request or specify their disability-related needs, the Agency notes that the system contained no indication to passengers, at the time of Mr. Legault's travel, that persons with disabilities should, in certain cases, confirm the services they require by telephone. In response, Air Canada indicated its intention to add text to better inform passengers with disability-related service needs what services are available from Air Canada and in which cases these passengers should contact the reservation call centre, which may in turn refer them to the MEDA desk as required.

[62] The Agency notes that Air Canada has made changes to its online reservation system since Mr. Legault travelled, including an indication of the specific circumstances when passengers with disabilities should contact Air Canada. For example, the online reservation system advises that a person travelling with a service animal or a passenger who requires oxygen must contact Air Canada to complete their request for disability-related services once the reservation has been made. The Agency is of the opinion that such a notification, which sets out the precise circumstances in which a person with a disability is expected to contact a reservation agent to further discuss/confirm disability-related services should prevent miscommunication and situations where required services are not provided because they were not adequately reflected in the person's reservation record. The Agency notes, however, that persons with disabilities who are travelling with a battery-operated wheelchair or who require wheelchair assistance within the aircraft or whose needs are not met by the selection options for disability-related services on Air Canada's Web site are not prompted to contact Air Canada to discuss the services they require. The Agency is of the opinion that such persons with disabilities should be aware of the fact that they should contact a reservation agent to complete their reservation. As such, Air Canada is required to add to the list of circumstances under which passengers with disabilities should contact Air Canada (1) persons who are travelling with a battery-operated wheelchair; (2) persons who require wheelchair assistance within the aircraft; and (3) persons whose needs are not met by the selection options for disability-related services on Air Canada's Web site.

[63] The Agency further notes that while the narrative description for persons requiring assistance within the aircraft (self-reliant and non self-reliant) advises passengers to contact Air Canada to assist in getting the assistance they require, there is no contact number provided in the narrative description nor in the screen setting out the specific circumstances under which passengers with disabilities should contact Air Canada in order to complete their online reservation.

[64] In this regard, the Agency notes Air Canada's argument that as the template for its Web site is the same for all of its international Web sites it would not be practical, and could even be misleading and frustrating for the passenger, to provide a contact number at this time as the number would be different depending on where the person is residing.

[65] The Agency is of the opinion that, notwithstanding Air Canada's argument, a contact number is necessary to persons with disabilities who must contact a reservation agent to complete their online reservation. In this regard, and recognizing that the contact number would be different for reservations made outside of Canada, the Agency suggests that, as a minimum, a contact number or a link to contact information for persons calling from within Canada should be provided, with a notation that persons calling from outside Canada should check their local listing for the number to call.

Addition of codes for disability-related services

[66] As set out in the Show Cause Decision, the Agency questioned how persons with disabilities booking online reservations are expected to be able to communicate their accessibility requirements when the necessary tools are not available to them. In this regard, the Agency stated its opinion that an adequate level of communication is only possible if persons are provided with sufficient choices for disability-related services to ensure that all the needs of persons with disabilities can be met. Recognizing that specific service requests can provide an effective tool, and consistent with Annex 9 of the Convention on International Civil Aviation, entitled Facilitation Pertaining to Persons with Disabilities, the Agency noted that operators, airport authorities and travel agents are encouraged to use common definitions for the different categories of disability-related services by following the classification and codification developed by IATA for this purpose. In light of this, clarification regarding the feasibility of adding an additional internationally-recognized service code, specifically the "meet and assist" (MAAS) code to the drop-down menu of disability-related services on Air Canada's online reservation system was sought. The Agency notes Air Canada's submission that its reservation system was developed in the early 90's when the Internet was not a reality and that it is currently restricted in its DCS system, used by airports world wide, to seven "special services" and, furthermore, that "special services" also appear on the boarding pass, which has a limit of ten characters. The Agency further notes Air Canada's submission that it was not able to add new codes into its online reservation system that currently do not exist in the RES III system or in the IATA system and that it has removed the MAAS code from the options as it was often misused.

[67] The Agency accepts the arguments raised by Air Canada regarding the addition of codes for disability-related services and is satisfied that all the disability-related codes as set out in the IATA system are being fully utilised in its online reservation system.

Communication of disability-related needs

[68] As set out in the Show Cause Decision, the Agency is of the opinion that specific service request codes can provide an effective tool to transportation service personnel in providing appropriate services to persons with disabilities. However, when a service is selected and a code is transmitted to the airport without review by an agent, there is the potential for miscommunication of disability-related needs. In this regard, in the Show Cause Decision the Agency stated its opinion that Air Canada's online reservation system is inadequate because it does not prompt an Air Canada reservation agent to review the service requests made by persons with disabilities and follow up with them to discuss their travel needs, as required by Air Canada's policies and procedures regarding the type of wheelchair assistance required. Additionally, the Agency stated its opinion that a follow-up call to an Air Canada reservation agent should be an option for those persons with disabilities who choose to do so and not a requirement necessitated by the inherent limitations of the online reservation system.

[69] In terms of the communication of disability-related needs and the means to do so, further clarification was sought and various options to enhance the level of communication (i.e. system prompting agent to call person with a disability, dedicated line, "CHP" record, free flow text) were explored. While ideally, the system would prompt agents to contact persons with disabilities, the Agency notes Air Canada's submission that its system is required to interact with other systems (CRS, GDS, etc.) and is not equipped to create a prompt for a call to the passenger when a service code is chosen, such that a reservation agent cannot be prompted to initiate a phone call to the person with a disability to confirm the services requested. In this regard, the Agency notes Air Canada's explanation that a call will not be placed by Air Canada to a passenger unless warranted by other factors, such as schedule changes or change of aircraft type. Air Canada asserted that the cost of modifying the outdated system to create a prompt for a call to the passenger when a service code is chosen would impose an undue hardship on the carrier and would result in considerable expense by adding processes which would increase the cost of product distribution. In this regard, the Agency notes Air Canada's submission that its RES III system has "reached its saturation"; that every modification to this system is precarious for the entire system; that it has limited resources knowledgeable of the existing reservation system and that further changes will jeopardize its reliability for users. Air Canada explains that attempting to modify the current reservation system with its limits and older technology is not sensible or even feasible and, as such, it has chosen to concentrate its energies on the construction of the new RES IV system and on the maintenance, not modification, of the current RES III system. The Agency notes that Air Canada advises that it recently signed a letter of intent with a supplier to replace its current reservation system and notes that it intends to expand the module concerning services to passengers with disabilities in the new system. In light of this commitment to replace RES III with a system that has a greater capacity vis-à-vis disability-related services and in light of the technical implications of modifying the existing system, the Agency finds Air Canada's decision to focus its resources on developing a new reservation system rather than expending more on RES III to be reasonable.

[70] The Agency also notes Air Canada's submission that setting up a dedicated line for persons with disabilities who are required to contact Air Canada to dialogue on disability-related services would provide a lower level of service to the customer, given that the general call centre number has many lines available from coast to coast and offers a longer period of coverage with service in the official language of the passenger's choice. Furthermore, the Agency notes the short wait times cited by Air Canada of under a minute in October and November 2005 for calls made to its call centres and Air Canada's confirmation that the regular $25.00 fee for passengers who book their travel through a reservation agent will not be charged to persons with disabilities who call Air Canada to confirm their disability-related services following the booking of an online reservation.

[71] The Agency notes Air Canada's submission that the "CHP" record, a derivative of the frequent flyer program which has a limited field, does not always appear on reservations made for a specific passenger and, in some cases, is not transferred to the PNR, depending on the source of the reservation. Air Canada explained that the "CHP" record, therefore, cannot be used by passengers with disabilities to record requests for "special services". As well, the Agency notes Air Canada's submission that it is not possible to add free flow text in an online Web booking since the Web booking is an interface between the customer and the RES III system and the RES III system cannot accommodate real "free flow" text. The Agency also notes Air Canada's submission that even if free flow text were written in the RES III system, the number of characters from the text that would be transmitted to the DCS system would be extremely limited. In light of the foregoing, the Agency is satisfied that a modification to allow persons with disabilities to specify or clarify the disability-related services they require via free flow text is not workable at this time, given the limitations of the RES III system.

[72] The Agency accepts Air Canada's submissions regarding the limitations of its online reservation system and is of the opinion that, in light of the modifications recently made by Air Canada to its online reservation system, persons with disabilities should be able to use the system more effectively.

Finding

[73] Based on the information received from Air Canada in response to the Show Cause Decision and in light of the changes made to RES III since the time that Mr. Legault travelled, the Agency is of the opinion that it is apparent that Air Canada could have taken measures to enhance the usability and effectiveness of its online reservation system for persons with disabilities and that Mr. Legault need not have experienced the difficulties that he did when using Air Canada's online reservation system to book his trip. The Agency, therefore, finds that Air Canada has not shown cause why the Agency should not find that its online reservation system constituted an undue obstacle to Mr. Legault's mobility and to the mobility of other persons with disabilities, in general, who used online reservation systems at the time of Mr. Legault's travel. As such, the Agency finds that Air Canada's online reservation system constituted an undue obstacle to the mobility of Mr. Legault and constituted an undue obstacle to the mobility of other persons with disabilities, in general, who used online reservation systems at the time of Mr. Legault's travel.

[74] The Agency notes, however, that since that time Air Canada has made modifications to the system to make it more user-friendly to persons with disabilities. In this regard, the modifications include the ability to select multiple disability-related services, the addition of detailed descriptions of the disability-related services and the notification for persons with disabilities to call an Air Canada reservation agent to confirm their requests for certain specified disability-related services. Moreover, the Agency notes that Air Canada has provided a further description of the complete service that each of the three types of wheelchair assistance encompasses; however, it is still not clear as to the exact service that each provides, i.e., where the services begins and ends.

[75] The Agency is of the opinion, however, that persons with disabilities who are travelling with a battery-operated wheelchair or who require wheelchair assistance within the aircraft or whose needs are not met by the selection options for disability-related services on Air Canada's Web site should be aware of the fact that they should contact a reservation agent to discuss the services they require. As such, Air Canada is required to add to the list of circumstances under which passengers with disabilities should contact Air Canada (1) persons who are travelling with a battery-operated wheelchair; (2) persons who require wheelchair assistance within the aircraft; and (3) persons whose needs are not met by the selection options for disability-related services on Air Canada's Web site.

[76] The Agency is further of the opinion that a contact number is necessary to persons with disabilities who must contact a reservation agent to complete their online reservation. As such, Air Canada is required to modify its online reservation system by adding a contact number or a link to contact information to the narrative description for persons requiring assistance within the aircraft (self-reliant and non self-reliant) and to the screen setting out the specific circumstances under which passengers with disabilities should contact Air Canada in order to complete their online reservation. As a minimum, a contact number or a link to contact information for persons calling from within Canada should be provided, with a notation that persons calling from outside Canada should check their local listing for the number to call.

[77] While, ideally, persons with disabilities would in all circumstances be able to make their reservations online without having to call an Air Canada reservation agent to confirm services, the Agency is satisfied that the measures Air Canada has taken cannot be expanded at this time based on its submission that there is nothing further that can be done with the RES III system due to the technical limitations of the system. In this regard, the Agency notes Air Canada's submission that the RES III system has reached its saturation and does not have the capacity to absorb more changes without jeopardizing its reliability for all users. The Agency also notes that Air Canada intends to create a new reservation system (RES IV). As such, no further corrective measures with respect to the RES III system will be ordered, beyond the addition of:

a contact number or a link to contact information for persons with disabilities calling from within Canada who must contact a reservation agent to complete their online reservation and a notation that persons calling from outside Canada should check their local listings for the number to call;

a notification that persons who are travelling with a battery-operated wheelchair, persons who require wheelchair assistance within the aircraft and persons whose needs are not met by the selection options for disability-related services on Air Canada's Web site should contact Air Canada to discuss the services they require; and

clearer descriptions of the exact services that each of the three types of wheelchair assistance provides.

[78] In reaching this finding, however, the Agency has considered many factors, including Air Canada's submissions regarding the short wait times for calls made to its call centres which may be necessary when persons with disabilities making online reservations must confirm or discuss their accessibility-related needs and the fact that the $25.00 fee for booking travel through a reservation agent will not be charged to persons with disabilities who call to confirm the services they have selected when making their online reservation.

[79] Additionally, the Agency has given consideration to Air Canada's submissions regarding its new RES IV system, which it notes is in the process of being created and which will better suit the needs of persons with disabilities who wish to book their reservations online. Air Canada stated that it was unable to provide a time frame for its development nor any details or description of the features Air Canada intends to build into the RES IV system.

[80] The Agency is of the opinion that it is fundamental that any system and, in particular, any newly developed online reservation system, be accessible to persons with disabilities. Where a new system is being developed, it is precisely at this time when accessibility needs must be assessed. This is best achieved through direct consultations between system developers and persons with disabilities, as end users. The Agency is of the opinion that a fully accessible system is one which allows a person to indicate his/her specific accessibility-related needs online without the necessity of following up with a call centre agent. In this way, a person with a disability who is a frequent traveller and who knows their specific needs and how to reflect them in the system could fully interact with the system and make their reservation online. There would be no need for any follow up, be that with a reservation agent or with the person with the disability, as the proper codes would be in place in the reservation system for the person to indicate their accessibility-related requirements. In the Agency's opinion, such a system fully respects the principle of equal access and independence and recognizes the fact that the ability to communicate electronically is very important to persons with disabilities generally. Such access goes beyond convenience. For some, such as persons who are deaf, hard of hearing or mute, electronic communication provides a vital link to fuller participation in society.

[81] The Agency reminds Air Canada to consult the Code of Practice - Removing Communication Barriers for Travellers with Disabilities (the Communications Code), which was developed to improve the communication of information for persons with disabilities as they use the federal transportation system and to ensure that information related to the successful execution of a trip is available to all travellers in a format that is accessible to them, when it considers the system requirements for its new RES IV system. In this regard, the Communications Code provides that transportation service providers' Web sites are to be made accessible to persons with disabilities by following the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines2. The Agency notes that while, in general, transportation service providers are to implement the provisions of the Communications Code by no later than June 1, 2007, they are urged to do so as soon as possible.

[82] Finally, the Agency reiterates the importance of consultation with persons with disabilities at the design, development and testing phases of a new online reservation system. As with any end user, persons with disabilities can best express their needs and provide the information and guidance needed to ensure an effective system, and Air Canada should not make assumptions in this regard.

Lack of assistance at the Winnipeg airport

Obstacle

[83] As noted in the Show Cause Decision, the aircraft used for Mr. Legault's Winnipeg-Denver flight was a CRJ which must be boarded from the tarmac level, using stairs. The Agency further notes that Mr. Legault did not receive the assistance he required to board his flight, given the boarding circumstances, and he had to walk without assistance from the boarding gate, across the tarmac and climb the steps into the aircraft. In this regard, the Agency notes that Mr. Legault had difficulty walking and climbing stairs as a result of his multiple sclerosis. As such, the Agency found that the lack of assistance provided by Air Canada to Mr. Legault at the Winnipeg airport to board his flight constituted an obstacle to his mobility.

Undueness analysis

[84] As set out in the Show Cause Decision, the Agency notes that efforts were made by Mr. Legault to ensure that he received the assistance he required and that, when booking his flight online, a selection was made from the disability-related services scroll down menu indicating his requirement for wheelchair assistance within the terminal. The Agency is of the opinion that it is apparent that this service was not the only type of assistance required by Mr. Legault as he has difficulty walking and climbing stairs, but that in choosing "Wheelchair within Terminal", it was reasonable for Mr. Legault to expect that he would receive wheelchair assistance up to the point of boarding. In this regard, the Agency recognizes that Mr. Legault was limited in the choices he could make for disability-related services when booking his online reservation.

[85] As noted in the Show Cause Decision, Air Canada expressed its view that dialogue is the best way of determining what service should be provided to a person with a disability and that, once a reservation is made, a passenger or his/her travel agent may call the Air Canada reservation office to complete the request for services. The Agency notes, however, that at the time Mr. Legault made his online reservation Air Canada's Web site did not contain a prompt that persons with disabilities should place a call to a reservation agent to discuss the services they require. In the absence of such a warning, Mr. Legault would not have been aware that he should confirm the service to be provided to him by following up his online reservation with a call to a reservation agent. The Agency notes Air Canada's submission that its customer sales and service agents at the airports that service flights with no loading bridge or that require considerable walking distance between the boarding gate and the aircraft are expected to dialogue with the customer to determine wether they can walk that distance and ascend the stairs. The Agency is therefore of the opinion that once Mr. Legault checked in for his flight, an Air Canada agent should have determined with him the type of assistance he required to meet his needs, given his disability and the lack of a boarding bridge.

Finding

[86] Based on the information received from Air Canada in response to the Show Cause Decision, the Agency is of the opinion that Air Canada has not shown cause why the Agency should not find that the lack of assistance provided by Air Canada to Mr. Legault at the Winnipeg airport to board his flight was an undue obstacle to his mobility. As such, the Agency finds that the lack of assistance provided by Air Canada to Mr. Legault at the Winnipeg airport to board his flight constituted an undue obstacle to his mobility.

Failure to inform Mr. Legault that a smaller aircraft would be used

Obstacle

[87] As set out in the Show Cause Decision, Air Canada's CRJ aircraft operated out of Winnipeg are boarded from the tarmac, as opposed to from a loading bridge and, consequently, Mr. Legault had to board his flight using the aircraft steps. The Agency noted that, as a result of Mr. Legault's accessibility-related needs having been recorded in his PNR as wheelchair assistance within the terminal, and the need for 48 hours advance notice for assistance using stairs, Mr. Legault was not provided with the boarding assistance that he required as a result of the difficulty he has walking and climbing stairs due to his multiple sclerosis.

[88] The Agency accepts Mr. Wolanski's submission that another air carrier would have been chosen for the trip had it been known that Mr. Legault would have had to walk across the tarmac and to climb the steps to board the aircraft. As such, the Agency found that Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight constituted an obstacle to his mobility.

Undueness analysis

[89] The Agency notes Air Canada's submission that customer sales and service agents at the airport that service flights with no loading bridge or that require considerable walking between the boarding gate and the aircraft are expected to dialogue with the customer to determine whether they can walk that distance and ascend the stairs and, if it is determined that the passenger cannot walk or ascend the stairs, the code will be changed to a WCHS or, in extreme cases where it is determined that the passenger cannot walk at all, to a WCHC code. Air Canada does not, however, provide an explanation as to why no dialogue took place with Mr. Legault to determine the type of assistance he required. The Agency is of the opinion, therefore, that in this case it is clear that Air Canada failed to observe its policies and procedures, which resulted in the difficulties experienced by Mr. Legault.

Finding

[90] Based on the information received from Air Canada in response to the Show Cause Decision, the Agency is of the opinion that Air Canada has not shown cause why the Agency should not find that Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight constituted an undue obstacle to his mobility. As such, the Agency finds that Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight constituted an undue obstacle to his mobility.

CONCLUSION

[91] The Agency finds that Air Canada's online reservation system constituted an undue obstacle to the mobility of Mr. Legault and constituted an undue obstacle to the mobility of other persons with disabilities, in general, who used online reservation systems at the time of Mr. Legault's travel. The Agency further finds that the lack of assistance provided by Air Canada to Mr. Legault at the Winnipeg airport to board his flight and Air Canada's failure to inform Mr. Legault that a smaller aircraft with no loading bridge would be used for his Winnipeg-Denver flight constituted undue obstacles to his mobility.

[92] Based on the above findings, Air Canada is required to take the following corrective measures within thirty (30) days from the date of this Decision:

Issue a bulletin to its reservations agents and customer sales and service agents at the airport highlighting that persons with disabilities have specific needs, the importance of being aware of and sensitive to the needs of persons with disabilities and stressing the fact that Air Canada's policies and procedures provide that: (a) its reservation agents must determine with the customer the type of wheelchair assistance required and enter the proper code in his or her PNR; and (b) when a passenger requests walk on and off wheelchair assistance (WCHR) for stations without loading bridges, the carrier's personnel are to ask if he or she is able to negotiate aircraft steps as no loading bridge is available and that when a passenger can negotiate stairs, the WCHR code is to be used; when a passenger cannot negotiate stairs, the WCHS code is to be used; and when a passenger cannot walk at all, the WCHC code is to be used.

Incorporate into its training programs a description of the situation which developed with respect to Mr. Legault, without naming him, and advise the Agency of the measures it has taken to ensure that the requisite level of training is provided to its reservations agents and customer sales and service agents at the airport, and particularly its employees at the Winnipeg airport, regarding the procedures for determining the type of wheelchair assistance required by a passenger and the procedures for wheelchair assistance for stations without loading bridges.

Air Canada is required to file copies of the above-noted bulletin and training materials with the Agency within forty-five (45) days from the date of this Decision.

[93] As noted above, the Agency recognizes that since the filing of Mr. Legault's application, Air Canada has modified its online reservation system and made it more accessible to persons with disabilities booking online travel. Also as noted above, however, the Agency is of the opinion that persons with disabilities who are travelling with a battery-operated wheelchair or who require wheelchair assistance within the aircraft or whose needs are not met by the selection options for disability-related services on Air Canada's Web site should be aware of the fact that they should contact a reservation agent to discuss the services they require and that a contact number is necessary to persons with disabilities calling from withing Canada who must contact a reservation agent to complete their online reservation in addition to a notification that persons calling from outside Canada should check their local listing for the number to call. As such, Air Canada is required to take the following corrective measures with respect to its current RES III system within ninety (90) days from the date of this Decision:

Air Canada is required to add to the list of circumstances under which passengers with disabilities should contact Air Canada (1) persons who are travelling with a battery-operated wheelchair; (2) persons who require wheelchair assistance within the aircraft; and (3) persons whose needs are not met by the selection options for disability-related services on Air Canada's Web site.

Air Canada is required to modify its online reservation system by adding a contact number or a link to contact information to the narrative description for persons requiring assistance within the aircraft (self-reliant and non self-reliant) and to the screen setting out the specific circumstances under which passengers with disabilities should contact Air Canada in order to complete their online reservation from which the information will be transferred to the passenger's PNR. As a minimum, a contact number for persons calling from within Canada should be provided, with a notation that persons calling from outside Canada should check their local listing for the number to call.

Air Canada is required to modify its online reservation system by providing a clearer description of the exact service that each of the three types of wheelchair assistance provides.

[94] In reaching the final Decision in this application, the Agency wishes to express its concern regarding the requirement, in certain circumstances, for persons with disabilities making online reservations to place a call to a reservation agent in order to confirm or discuss services required to meet their needs. In this regard, the Agency notes Air Canada's submission that the average wait time for all call centres is short, that this is an interim situation due to the limitations of its existing system, and that it intends to expand the module concerning passenger with disabilities in its upcoming new RES IV system. While the Agency has not ordered corrective measures beyond the modifications which Air Canada has made to its online reservation system, Air Canada is encouraged to consider making changes to its policy so that Air Canada agents are required to contact persons with disabilities making online reservations to ensure that their needs will be met.

[95] As noted above, the Agency reminds Air Canada of the importance of making its online reservation system accessible and urges Air Canada, from the planning stage of its new RES IV system forward, to consider the accessibility of the system and its usefulness to all persons with disabilities. The Agency is of the opinion that when Air Canada is addressing the system requirements as they relate to the module for persons with disabilities for the new RES IV system, it should consult with persons with disabilities in order to fully understand their accessibility needs with a view to ensuring that the new system is accessible and provides equal and independent access. The Agency stresses to Air Canada the importance of incorporating accessibility features from the start, from an operational and cost perspective, and strongly urges Air Canada to do so.

Members

  • Mary-Jane Bennett
  • Baljinder Gill
  • Beaton Tulk
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