Ottawa - December 14, 2005 - The Canadian Transportation Agency has determined, through Decision no. 720-AT-A-2005, that persons who require medical oxygen available to them when they travel by air encounter obstacles to their mobility. This Decision is the result of 25 complaints filed against Air Canada and one against WestJet. The Agency will convene an oral hearing in the spring of 2006 to determine whether or not the obstacles are "undue" under the Canada Transportation Act (CTA) and, if so, what corrective measures may be appropriate to address them.
Twenty-five complaints raised several issues regarding Air Canada's policy of not permitting passenger-supplied oxygen on board its aircraft and the delivery of its oxygen service. One complaint relates to WestJet's policy of not providing an oxygen service on its international charter flights. While WestJet allows passengers to use their own oxygen equipment on its flights operated within Canada, it does not allow passengers to do so on its international flights and those operating between Canada and the U.S.A. (transborder flights).
With respect to the complaints against Air Canada, the Agency found that the following constitute obstacles to the mobility of persons with disabilities who require medical oxygen when travelling by air:
The non-provision of medical oxygen by Air Canada prior to boarding, during connections, stopovers and upon arrival at the final destination; and, Air Canada's failure to ensure the availability of a portable oxygen tank dedicated to persons who use oxygen.
Air Canada's policy: (1) that requires that persons request its medical oxygen service as well portable onboard oxygen service in advance of travel; (2) that requires a Fitness for Travel Form be completed by the physicians of persons who use oxygen, including the related cost and the level of information to be disclosed; (3) on fees charged for oxygen service; and (4) of not providing humidifiers on request to persons who use medical oxygen on all of its flights.
Air Canada's policies and procedures regarding the placement of the oxygen tank under the seat in front of the passenger, which encroaches in the person's floor space.
The level of service that Air Canada provides and, specifically, the reliability of the carrier's oxygen service.
The Agency found that three issues raised by applicants against Air Canada did not constitute obstacles to their mobility.
With respect to the complaint against WestJet, the Agency found that WestJet's refusal to transport persons with disabilities who require medical oxygen on international and transborder flights constitutes an obstacle to their mobility.
While the Agency notes there are no current regulations that require Canadian carriers to provide oxygen service or permit the carriage of oxygen on their aircraft, for domestic services, this does not preclude the Agency from ruling on such matters and ordering corrective measures if it finds undue obstacles. In this case, the Agency has found obstacles to the mobility of the applicants and to persons with disabilities who require oxygen when they travel by air, and it will next determine whether those obstacles are undue.
As with the term "obstacle", the term "undue" is not defined in the CTA to allow the Agency to exercise its discretion to eliminate undue obstacles in the federal transportation network. The word "undue" is commonly understood to mean exceeding or violating propriety or fitness; excessive; inordinate; or disproportionate.
Part of the Agency's continuing investigation will include an oral hearing, to be held in the spring of 2006 (date and location to be confirmed), to gather further information from respondents and expert witnesses regarding the obstacles and the appropriateness of any corrective measures.
The Canadian Transportation Agency is an independent Government of Canada quasi-judicial tribunal. Its mandate includes the responsibility to eliminate undue obstacles to the mobility of persons with disabilities within the federal transportation network. Its mission is to administer transportation legislation, regulations and Government of Canada policies to help achieve an efficient and accessible transportation network.
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For more information, please contact:
Lyne Giroux
Senior Communications Adviser
(819) 953-8926
The Canadian Transportation Agency is online at www.cta.gc.ca
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