Decision No. 677-AT-MV-2002

December 18, 2002

File Nos. U3570/98-16
U3570/98-22

BACKGROUND

In its Decision No. 97-AT-MV-2002 dated February 28, 2002, the Canadian Transportation Agency (hereinafter the Agency) made a determination with respect to applications filed by Edouard Conrad Kyer, Imelda Beauregard and Line Potvin pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10, concerning the difficulties they encountered with respect to the accessibility of the paratransit services provided by the Société de transport de l'Outaouais (hereinafter STO).

The Agency found that the difficulties encountered by Mr. Kyer and Mrs. Beauregard in obtaining paratransit services for non-recurring health care constituted undue obstacles to their mobility. The Agency, however, determined that the difficulties encountered by Mrs. Potvin with respect to the accessibility of STO's paratransit service did not constitute undue obstacles to her mobility.

Accordingly, pursuant to Decision No. 97-AT-MV-2002, STO was ordered to take the following corrective measures within sixty (60) days from the date of the Decision:

• change its reservation policy to allow users who make occasional trips for non-recurring health care to reserve as much as two weeks in advance, and to file a copy of the amended policy with the Agency; and
• issue a notice to its users to inform them of the new reservation policy applicable to users making occasional trips for non-recurring health care, and to file a copy of this notice with the Agency.

ISSUES

The issue to be addressed is whether the measures taken by STO complied with the requirements of Decision No. 97-AT-MV-2002.

FACTS

On July 31, 2002, STO requested an extension until September 28, 2002 to comply with the requirements set out in Decision No. 97-AT-MV-2002. The Agency, by Decision No. LET-AT-MV-226-2002 dated August 7, 2002, granted STO the requested extension.

On November 14, 2002, STO provided a copy of Resolution No. CA-2002-103 adopted by its board of directors on August 28, 2002 amending its reservation policy. Under the amended policy, all users who make occasional trips are allowed, as of October 28, 2002, to reserve up to two weeks in advance. In addition, STO provided a copy of a book-marker that was sent to all users of paratransit services informing them of the new reservation policy.

ANALYSIS AND FINDINGS

The Agency has reviewed the material filed by STO and is of the opinion that the measures undertaken by STO should help to reduce the recurrence of incidents similar to those experienced by Mr. Kyer and Mrs. Beauregard.

CONCLUSION

In light of the foregoing, the Agency is satisfied that STO has complied with the requirements of Decision No. 97-AT-MV-2002 dated February 28, 2002. Accordingly, the Agency does not contemplate any further action in this matter.