SPRING 2008 MOVING AHEAD - CTA.gc.ca · 2 Moving Ahead • Spring 2008 During 2007, the Agency continued to be very active in the area of accessibility. We released the Terminal Code

Making Transportation Efficient and Accessible for All

SPRING 2008

MOVING AHEAD

It has been a year since I assumed therole of Chair and CEO of the CanadianTransportation Agency and I have beenimpressed with the high level of expertiseand dedication of Agency employees.

As the Agency exists by virtue of theCanada Transportation Act, our organiza-tion is guided in its work by the NationalTransportation Policy outlined in Part 5 ofthe Act, that essentially defines the spiritof the law. Revisions to this policy in 2007place greater emphasis on social outcomesand collaboration between industry and

government as we all work towards a moreintegrated transportation system.

C A N A D I A N T R A N S P O R TAT I O N AG EN C Y

Chair’s Message

Geoffrey C. Hare

AVAILABLE IN MULTIPLE FORMATS

Chair’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

One-Person-One-Fare . . . . . . . . . . . . . . . . . . . . . . . . 3

Terminal Code Taking Effect . . . . . . . . . . . . . . . . . . . 5

Clear Guidance from Supreme Court . . . . . . . . . . . 6

Ottawa Buses Improve Access . . . . . . . . . . . . . . . . 7

Flying the Complicated Skies . . . . . . . . . . . . . . . . . . 7

I N T H I S I S SU E

WestJet: Can Do! . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Marine Atlantic in Global Training Program . . . . . . 9

UpdatesMedical Oxygen . . . . . . . . . . . . . . . . . . . . . . . . . . 10Allergies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Contacting the Agency . . . . . . . . . . . . . . . . . . . . . . . 12

Moving Ahead • Spring 20082

During 2007, the Agency continued to bevery active in the area of accessibility.We released the Terminal Code atTRANSED 2007 of which we were alsoa major sponsor. The Agency issued amajor Decision on the one-person-one-farepolicy as well as calling out of bus stops.We held public hearings on medicaloxygen during the Fall 2007 and workis still ongoing on that issue as well asallergies.

We are also responding to the directionwe received from the Supreme Courtof Canada in its ruling on Council ofCanadians with Disabilities v. VIA RailCanada Inc. It instructed us to apply theprinciples of the Canadian Human RightsAct, including the principle of reasonableaccommodation, in addressing obstacles.The Supreme Court clearly indicatedthat accessible transportation provisionsshould be considered as “a fundamentalhuman right.” We are doing just that.

Our priority is to ensure that we are able toeffectively fulfill our mandate of removingundue obstacles to persons withdisabilities who travel by air, rail andferry in the national transportationnetwork. This means that we need tohave the right people in the right placedoing the right work at the right time.

To make this happen, the Agency is under-going a process of organizational renewal.As of April 1, 2008, the Agency’s newprimary operational business lines willbe Dispute Resolution, and IndustryRegulation and Determinations. Thesetwo Branches have been created toreflect our primary dispute resolutionand regulatory functions.

By adopting a hybrid structure whichintegrates the current modal approach(air rail, marine) within a functionalbusiness delivery model, the Agencywill achieve greater flexibility to manageworkload and gain increased efficiencies.

Overall, this new structure, coupled withmore effective processes, will help ensurethat we can continue to fulfill our role indealing with disputes involving obstaclesto the mobility of persons with disabilities.Under the new Dispute Resolution Branch,the Accessible Transportation Directoratewill continue to handle all accessibilityissues but with greater flexibility tomanage workload.

Through facilitation and mediation,we will continue to enhance our workto develop solutions and producecollaborative outcomes resulting inbetter understanding and agreementsbetween parties that inspire high levelsof satisfaction and commitment.

Canadian Transportation Agency 3

We at the Agency are proud of our long-standing reputation for being fair,transparent and responsive to all of ourclients and stakeholders. These changesare meant to build upon this tradition ofexcellence by tackling workload issuesand enhancing our ability to respond toour clients and stakeholders in an effectiveand timely manner.

As Canada’s population ages and theincidence of disability increases, thedemand for accessible transportationwill be even greater. The CanadianTransportation Agency, in setting its course

as an organization for 2008–2009 andbeyond, has positioned itself to play aleading role in the achievement of anational transportation system that istransparent, efficient and accessible forthe benefit of the entire country and allof its citizens, including persons withdisabilities. n

Geoffrey C. HareChairman and CEO

After extensive written pleadings,evidence, and two hearings, the Agencyissued a Decision expected to impactsome 80,000 persons with disabilities.

In January 2008, the Agency orderedAir Canada, Air Canada Jazz and WestJetto adopt a one-person-one-fare policy forpersons with severe disabilities on flightswithin Canada. The airlines have one yearto implement the policy, which does notapply to domestic segments of transborderand international trips.

The Decision means that, for domesticservices, these carriers may not chargemore than one fare for persons withdisabilities who:

• are accompanied by an attendant fortheir personal care or safety in flight,as required by the carriers’ domestictariffs; or

• require additional seating for themselves,including those determined to befunctionally disabled by obesity.

As well, the Agency concluded that theGander International Airport Authority,also a respondent in the case, failed toproduce evidence to demonstrate thatsuch a policy will impose undue hardshipon it. Accordingly, the Airport was orderednot to charge its improvement fee forattendants of persons with disabilities.

One-Person-One-Fare


The Decision does not apply to:

• persons with disabilities or others whoprefer to travel with a companion forpersonal reasons;

• persons with disabilities who require apersonal care attendant at destination,but not in-flight; and

• persons who are obese but not disabledas a result of their obesity.

This one-person-one-fare policy is basedon longstanding principles of equal accessto transportation services for persons withdisabilities, regardless of the nature ofthe disability, and the Agency’s legislativemandate to remove “undue obstacles”to their mobility. It also respects relateddecisions of the Supreme Court of Canadaand Federal Court of Appeal.

In a separate statement supplementingthe Decision, the Agency offered tofacilitate a collaborative process todevelop a common screening process forimplementation of the one-person-one-farepolicy. Such a co-operative approach towork out common terms of compliancewould potentially benefit Air Canada,Air Canada Jazz, WestJet and the GanderInternational Airport Authority, as well asother Canadian air carriers and airportauthorities that may consider voluntaryimplementation of the policy.

While the airlines were expected toimplement the one-person-one-fare policy,

and develop screening criteria forassessment on a case-by-case basis,the airlines requested leave to appeal thisDecision to the Federal Court of Appealin February 2008. At the time of printingthis article, the airlines and the Agencywere awaiting the Court’s decision.

For more information on the Agency’sDecision No. 6-AT-A-2008, please visit ourWeb site at www.cta.gc.ca. As well, tworelated news releases and two back-grounders may be found in the Web site’sMedia Room. n

The Supreme Court confirmed last year,in Council of Canadians with Disabilitiesv. VIA Rail Canada Inc., that the Agencymust apply human rights legislationin identifying undue obstacles to themobility of persons with disabilities.

The Supreme Court also ruled in 2006,in Tranchemontagne v. Ontario (Director,Disability Support Program), that thereshould be no discrimination betweenpersons with disabilities in terms ofbenefits regardless of the underlyingreason for their disability.

The January 13, 2006, Federal Court ofAppeal decision in Linda McKay-Panosv. Air Canada confirmed that a personwho is obese may be disabled forpurposes of air travel if unable to fitin an airline seat.


Work is well underway to make nationalairports, railway stations and ferryterminals more accessible for personswith disabilities. They are obliged toimplement all parts of the Terminal Codeby June 2009.

This Code sets minimum accessibilitystandards all the way through from theparking lot to the boarding area. Itdescribes the principles that terminaloperators need to follow to ensure thatpersons with disabilities can check in, dropoff baggage, complete their trip, reclaimtheir bags and belongings at the otherend, and reach their destination withoutencountering undue obstacles to mobility.

Above all, the Code provides terminaloperators with practical advice onachieving the principles of accessibility.In keeping with previous Codes, it followsCanadian Standards Association guidelinesbut avoids rigid descriptions of exactprocedures and measurements becauseof the great diversity of Canada’stransportation network – from globalaviation hubs to small railway stationsand ferry terminals with at least 10,000passengers embarking and disembarking.

To develop the Code, the Agency reviewedcomplaints about terminal accessibilityand drew upon its past experience indealing with such complaints. It alsoexamined research that showed thatpersons with disabilities face issues atcheck-in counters, help desks, baggageretrieval areas and ground transportation.The Agency worked closely with thecommunity of persons with disabilities andthe transportation industry to define theCode’s provisions, a key factor in ensuringits successful implementation.

Some parts of the Code took effect assoon as it was announced in June 2007at the 11th International Conference onMobility and Transport for Elderly andDisabled Persons (TRANSED). Rightfrom the first day, new contracts forconstruction and ground transportationhave had to take the Code into account.Over the next year, the rest of Canada’stransportation terminals will be movingtowards full compliance.

For more information, visit the Agency’sWeb site. n

Terminal Code Taking Effect


The Supreme Court of Canada providedthe Canadian Transportation Agency withimportant insight into its mandate when itissued its March 23, 2007 ruling in respectof the Agency’s Decision concerningVIA Rail’s Renaissance cars. In upholdingthe Agency’s order to improve the cars’accessibility, it said that the same analysisis required to assess whether there isundue hardship under the CanadaTransportation Act as is required underthe Canadian Human Rights Act.

Writing for the 5-4 majority, Justice RosalieAbella observed that “independent accessto the same comfort, dignity, safetyand security as those without physicallimitations is a fundamental human rightfor people who use wheelchairs.”

The Court confirmed the Agency’s DecisionNo. 620-AT-R-2003, which stated that therailway cars posed undue obstacles tothe mobility of persons with disabilities.The Decision ordered VIA Rail to widenthe doorways in sleeper units and providewheelchair tie-downs. It also requiredVIA Rail to equip its economy cars with anaccessible washroom near the wheelchairtie-down. VIA Rail must provide enoughfloor space for a personal wheelchair and a service animal, and room for thewheelchair to get in and out.

VIA Rail has since provided design mock-ups of the railway cars for review by theAgency and by the Council of Canadianswith Disabilities, who filed the complaint.

In addition to these specific measures,the Supreme Court clarified the Agency’sdecision-making procedure. This is a three-step process. When the Agency receivesa complaint about an aspect of the federaltransportation network, it must firstestablish that the complaint involves aperson with a disability. Then it mustdetermine whether the complaint involvesan obstacle to the mobility of personswith disabilities. Finally, the Agency mustdetermine whether the obstacle is undue.

The Supreme Court looked closely at thisthird step in the decision-making process.It clarified that the transportation serviceprovider bears the burden of provingwhy the obstacle should not be removed.To do this, the service provider mustshow that removing the obstacle wouldpose an undue hardship to the company.

As Justice Abella observed, “This meansan approach that, to the extent structurally,economically and otherwise reasonablypossible, seeks to minimize or eliminatethe disadvantages created by disabilities.It is a concept known as reasonableaccommodation.”

Clear Guidance From Supreme Court


The case marked the first time theSupreme Court had considered Part V ofthe Canada Transportation Act, whichmandates the Agency to remove undueobstacles to mobility from the federaltransportation network. The judgementhas broad implications for the Agency’s

consideration of accessibility-relatedapplications and in processing newaccessibility complaints.

For more information on the Agency’sDecision No. 620-AT-R-2003, please visitwww.cta.gc.ca. n

There is no question that travel by air hasbecome more complicated in recent years.The Canadian Transportation Agency istrying to make it easier by providing tipsfor travellers:

• After reserving a flight, and beforepaying for a ticket, call the airline directlyto obtain written confirmation that alltravel needs will be met.

• A few days before departure, verifyaccessible seating and otherarrangements.

• Review baggage weight restrictions.They can change. Even so, mobilityaids must always travel free of charge.

• Call ahead for information about how,when and where to check in for a flight.

Flying the Complicated Skies

OC Transpo bus drivers are now requiredto call out major or requested stops,a measure ordered by the CanadianTransportation Agency in its final Decisionon November 30, 2007, that removes anobstacle to mobility.

The Agency is now satisfied thatOC Transpo has already implementedcorrective measures to ensure that drivers

call out major and requested stops, andthat passengers can hear them clearly.

The Agency’s jurisdiction includes theOC Transpo buses because they provideinterprovincial bus service by servingboth Ottawa and the Gatineau area.

See the Agency’s Web site for moreinformation. n

Ottawa Buses Improve Access


• Ask also about terminal amenities andservices available, like the location ofaccessible parking.

• Pack labelled prescriptions in carry-onluggage, but almost everything elseshould go in checked bags.

• Smaller technical and mobility aids canbe carried in the cabin, and should notbe checked if they are needed duringthe trip.

• Larger aids are usually carried aschecked baggage. Certain aids such aselectric wheelchairs may not always becarried on smaller aircraft, for exampleairplanes with less than 60 seats.

• Ask the crew for assistance, if needed, ingetting to the airplane from the check-incounter and when boarding the airplane.

• In flight, ask the crew for help to andfrom the washroom if needed. But theyare not allowed to help a passengerinside the washroom.

• Upon landing, the airline staff must helppassengers, where needed, reach theirconnecting flight.

• Request help if needed to retrievechecked luggage at destination.

Learn more through the Agency’scall centre, and its publications(www.cta.gc.ca). These publicationsare also available in multiple formatupon request:

• Fly Smart: a helpful brochure withvaluable information about flying inCanada and abroad.

• Reservation Checklist: a step-by-stepguide for travel agents to follow whenbooking a trip for a passenger with adisability. Also a good checklist forinformation to provide when speakingto the airline.

• Taking Charge of the Air TravelExperience: a brochure that describesaccessible features and services availableto persons with disabilities travellingby air.

Other helpful Government of CanadaWeb sites:

• Accessible transportation services,including travel advice for persons withdisabilities: www.accesstotravel.gc.ca

• Security screening: www.catsa.gc.caFrom the homepage, click on ’TravelPreparation’ or ’Special Needs.’

• Crossing the border: www.cbsa.gc.caFrom the homepage, click on ’TravelDocuments for Crossing the Border’or click on ’Publications and Forms’ –’Guides and Brochures’ – ’I Declare.’ n


WestJet offers an example of bestpractices in removing obstacles to themobility of passengers with disabilities.It maintains an extensive training programfor its staff, and ensures that newemployees receive training in disabilityissues before they serve the travellingpublic.

Typically employees attend a workshopwithin three days of being hired. Audio-visual presentations, group discussions,cases and role-playing exercises preparethem to serve passengers with disabilities.WestJet provides refresher trainingannually.

Measures like these are described inthe Canadian Transportation Agency’sCode of Practice for Removing

Communication Barriers. The Code tookfull effect last June. It targets the systemiccommunication problems faced bytravellers with disabilities.

WestJet notes that it was the first airlineto provide all passengers with the samelevel of information, and to use multipleformats to make the information accessibleto passengers with disabilities.

The airline’s Web site is also communicat-ing better. Passengers who use screenreaders are able to make reservationsonline and to use new, simpler forms tocommunicate their disability-related needsmore clearly. n

WestJet: Can Do!

Passengers on Marine Atlantic ferries aretravelling in the company of internationalmovie stars – the ships themselves. Partsof the fleet appear in a British trainingvideo about assisting persons withdisabilities on ferries and cruise ships.Most of the video was shot on boardthe Marine Atlantic ferries.

The video, produced by Videotel, ispackaged with a workbook and interactivecomputer-based training. It urges

crewmembers to ask passengers howbest they can help.

The DVD-based program, titled “How CanI Help You? Passengers with Disabilities”,features a man with a hearing disability,a woman who uses a wheelchair, and awoman who travels with a companiondog. The program points out that manyships have been adapted for personswith disabilities, but establishes that thecrew’s attitude is even more important. n

Marine Atlantic in Global Training Program


MEDICAL OXYGEN

The Agency will be releasing its decisionthis year involving complaints againstAir Canada and WestJet over their policieson medical oxygen. The decision willaddress 25 complaints against Air Canadaand one against WestJet.

At the time of the complaints, Air Canadadid not allow passengers to bring theirown oxygen on board. However, as ofFebruary 2008, it allows passengersto bring their own portable oxygenconcentrator on certain, but not all, flights.Air Canada still continues to offer its ownmedical oxygen service, but only undercertain conditions. It requires 48 hoursnotice, charges a fee, and requires thepassenger’s doctor to confirm that theoxygen is needed on board, a processwhich could incur additional costs.

WestJet does not provide any medicaloxygen and, prior to September 2006,restricted the use of passenger’s ownoxygen to domestic flights. Since that date,however, WestJet has allowed passengersto bring their own oxygen concentratorson all flights.

The Agency ruled in 2005 that the airlines’policies on medical oxygen posedobstacles to the mobility of persons withdisabilities. It held hearings in Fall 2007to determine whether there were undueobstacles to the mobility of passengerswith disabilities, or whether the twocarriers had done all they reasonablycould to accommodate the needs of thesepassengers.

At the time of printing this article, theAgency’s decision on the 26 medicaloxygen-related complaints had not yetbeen released.

ALLERGIES

The Agency has, for close to eight years,been addressing the issue of whetherpeople with allergies can be consideredas persons with disabilities under Part Vof the Canada Transportation Act. Thequestion is a jurisdictional one whichwas brought forward in light of severalallergy-related cases filed againstAir Canada between August 2000 andJuly 2001.

Updates


For example, one case was broughtto the Agency by a man with an eyedisorder linked to cats, who objected tothe presence of cats in the passengercabin on an Air Canada flight. Duringits investigation, the Agency received ajurisdictional challenge from Air Canadaas to whether an allergy can be considereda disability for the purposes of Part V ofthe Act. The question had to be addressedbefore the case could go forward.

As a result, in 2002, the Agency issued aDecision stating that an allergy per se isnot a disability for the purposes of Part Vof the Act. However, the Agency notedthat there may be people with allergieswho can be considered to have a disabilityunder the Act. Therefore, the Agencystated that it would proceed on a case-by-case basis.

The case of the man with the cats wasthen examined independently to determinewhether in that situation the allergy couldbe considered a disability under the Act.The case was dismissed because of thelack of fact-based evidence to support hisdisability, however the Agency’s Decisioncontinues to impact cases currently underinvestigation.

There are three allergy-related complaintsunder investigation at the moment, all filedagainst Air Canada. Two pertain to nutsand peanuts, and the other pertains toflowers. Pending this ruling, three othercases involving chemicals, nuts, andpeanuts, have been put on hold. As perthe Decision, each is being examinedon a case-by-case basis.

In addition, the Agency is gathering expertevidence on pet allergies and multiplechemical sensitivities, a condition closelyrelated to allergies, in order to informthe Agency’s investigation of complaintsregarding these matters.

If the allergy is determined to be adisability in any of these cases, theAgency will then decide whetherAir Canada’s policies on allergenspose an undue obstacle to mobility,and follow-up accordingly.

The allergy-related cases which havebeen brought forward over the last eightyears and which continue today revealthe increasing complexity the Agencyfaces in determining what constitutes adisability under the Act.

For more information on the Agency’sDecision No. 243-AT-A-2002, and to stayup to date on these cases, subscribe towww.cta.gc.ca. n


The Accessible Transportation Directorate,

now located in the Dispute Resolution Branch,

is available as always to respond to queries.

The Agency’s Web site includes a questions

and comments form, and subscribers receive

announcements by e-mail on updates to the site,

decisions and orders. Publications are available

online and in multiple formats upon request.

The toll-free call centre is open 8 a.m. to 8 p.m.

EST, Monday to Friday. The operator will try to

address the question right away, but if further

information is needed a call back will occur as

soon as possible.

The Agency can be reached at:

By Mail: Ottawa ON K1A 0N9

Toll-free: 1-888-222-2592

Fax: 819-997-6727

TTY: 1-800-669-5575

Web site: www.cta.gc.ca

E-mail: [email protected]

C O N TAC T I N G T H E AG EN C Y

Involved in a Dispute About Transportation?

If you have a concern related totransportation, bring it first to theservice operator’s attention to resolvethe issue. If that doesn’t work, you candiscuss issues involving accessibilityor the terms and conditions of carriagewith an Agency representative. Staff canfacilitate an informal, no-cost discussionwith the operator. Often they have foundsolutions acceptable to both parties.

Mediation is also available which ismore structured than facilitation, and

more creative and flexible thanadjudication. If both parties agree,an Agency-appointed mediator willwork with them to find a mutuallyacceptable solution.

Formal adjudication, always an option,puts the issue before a tribunal of atleast two Agency members. Workingmuch like a court, they hear the caseand make a decision. They can orderenforceable corrective measures.

The Canadian Transportation Agency can help