Agency Rulings

Decision No. 632-AT-R-1998

Follow-up - Decision No. 10-AT-R-2005

Follow-up - Decision No. 520-AT-R-2004

Follow-up - Decision No. 366-AT-R-2003

More action to be taken by Order No. 1999-AT-R-63

December 21, 1998

COMPLAINT by Donna Pistell that VIA Rail Canada Inc. did not provide adequate accessible rail services in contravention of section 113 of the Canada Transportation Act, S.C., 1996, c. 10.

File No. U3570/98-19

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COMPLAINT

Ms. Donna Pistell filed a complaint with the Canadian Transportation Agency (hereinafter the Agency) with respect to the matter set out in the title. The complaint was received on August 24, 1998.

The Agency has considered the complaint and has determined that it should be dealt with pursuant to subsection 172(1) of the Canada Transportation Act (hereinafter the CTA), which relates to the inquiry into matters concerning obstacles to persons with disabilities. Accordingly, pursuant to subsection 27(1) of the CTA, the Agency has considered this matter pursuant to subsection 172(1) of the CTA.

ISSUE

The issue to be addressed is whether the passenger rail services offered by VIA Rail Canada Inc. (hereinafter VIA) between Victoria and Courtenay, British Columbia, constituted an undue obstacle to Ms. Pistell's mobility and, if so, what corrective measures should be taken.

FACTS

Ms. Pistell is a person with a disability who uses a wheelchair and requires assistance to entrain and detrain when she travels. She encountered difficulties when attempting to make travel arrangements on VIA's rail passenger service on Vancouver Island.

VIA provides a rail passenger service on Vancouver Island from Victoria to Courtenay. Normally, two diesel cars are used on its Victoria to Courtenay passenger rail service, one of which has a wheelchair tie-down and an accessible washroom. Three stations on this line (Victoria, Nanaimo and Courtenay) are accessible in that lifting assistance is available if the party advises at the time of booking.

POSITIONS OF THE PARTIES

Ms. Pistell indicates that she has travelled in the past on VIA's passenger rail service and on those occasions, the conductor provided assistance by rolling her wheelchair backwards up the stairs, one at a time. She submits, however, that on two occasions she contacted VIA's reservation office to enquire about booking travel to Vancouver Island, she was informed that VIA crew would only assist her in entraining and detraining if she could walk up the stairs. Ms. Pistell points out that very few people who use wheelchairs, including herself, are able to walk up stairs even with assistance.

Ms. Pistell advises that in response to her inquiry to VIA's office on October 5, 1998, regarding transportation from Victoria to Courtenay, she was advised that there are no tie-downs on that train. With respect to the accessibility of the stations, Ms. Pistell maintains that this is irrelevant as she cannot board the train in Victoria, Nanaimo or Courtenay or any other point on Vancouver Island. Ms. Pistell also questions whether VIA would be willing to taxi her from Victoria to Courtenay, a distance of approximately one hundred and forty miles.

VIA states that as far as is practicable, it accommodates persons with disabilities wishing to travel by train on Vancouver Island. For example, pursuant to VIA's procedures, passengers with special needs originating from or destined to a station other than one of the three accessible stations, provided that a 24-hour advance reservation notice is received, are taxied at VIA's expense to/from the nearest accessible station.

Ms. Pistell submits that while the equipment on the Vancouver Island line is old and unreliable, VIA should not be relieved of its obligations to provide adequate accessible rail services for Canadians with disabilities. She suggests as possible solutions that crew members be trained in the proper and safe method of lifting a wheelchair to entrain and detrain a passenger or that a portable ramp be carried on the train or that a wheelchair lift be installed on the train.

VIA states that its telephone sales agents have received training for the current reservation system. VIA indicates that it ensures that agents apply its policies through a five-week course which includes a module entitled "Persons with Disabilities". The training, VIA submits, allows agents to identify information for Special Service Requests for persons with disabilities.

Ms. Pistell expresses her frustration that she cannot get on or off VIA's train on Vancouver Island regardless of how many weeks of training their reservation agents receive.

VIA advises that a new reservation system, VIANET, will replace the current system in November 1998. Like its predecessor, the new system includes a section on Special Needs, including wheelchair accessibility, and all telephone sales agents will complete training on VIANET.

ANALYSIS AND FINDINGS

In making its findings the Agency has considered all of the evidence submitted by the parties.

There are two accessible-related elements of the complaint to be considered: 1) Does VIA provide a passenger rail service that allows a person in a wheelchair to travel on its Vancouver Island service?; and 2) Is VIA providing complete and adequate information to potential travellers on the accessibility of its services?

The Agency is of the opinion that all travellers must be able to travel on the transportation network subject to federal jurisdiction without undue obstacle to their mobility. The Agency recognizes certain limitations faced by VIA in terms of equipment and limited accessibility to some of its stations on the Vancouver Island route. The Agency notes, however, that VIA stated that it does provide, upon request, entraining and detraining assistance at the three staffed stations at Victoria, Nanaimo and Courtenay. The Agency also notes that VIA indicates that travellers requiring entraining or detraining assistance at any other point, are provided with a taxi service to its closest accessible station. VIA therefore appears to provide an accessible service to travellers with special needs.

However, there is no evidence to indicate that travellers are aware of these options. This complaint highlights the importance for a service provider who provides a limited level of accessibility to ensure that the public and potential users of its services are aware of what is provided and under what circumstances. The Agency has reviewed VIA's National Timetable and notes that while the Victoria, Nanaimo and Courtenay stations are identified as accessible (stations where a wheelchair user can entrain and detrain), there is no information in the public timetable to explain what is available for a passenger originating from or destined to a station other than one of those identified as accessible. As experienced by Ms. Pistell, the depth and level of information on the range of services provided by VIA and conveyed by its telephone reservation agents to a potential passenger is critical to allow for travel, let alone, obstacle-free travel.

Based on the submissions of Ms. Pistell, the information provided when she contacted the reservation call centre was not complete and she did not gain an understanding of the level of accessibility provided, the terms and conditions of that accessibility or of the alternative options available. The inadequate information provided to Ms. Pistell and the fact that Ms. Pistell could not travel as planned was an obstacle to her mobility. The obstacle is found to be undue as it could have easily been avoided if correct information on the accessibility of the service had been provided.

The Agency is aware, through other investigations involving VIA, that the carrier does have a sensitivity and awareness training program and that it has provided both initial and refresher training to its employees in this regard. However, instances such as the one experienced by Ms. Pistell suggests that the training telephone agents receive may be lacking in content and detail. The Agency notes that VIA is introducing a new reservation system, VIANET, and finds it appropriate that a copy of the training material on its new reservation system as well as copy of the training schedule of all its telephone agents on this new system should be provided to the Agency.

The Agency also finds that both potential users of VIA's services and VIA employees who must provide the services or advise the public of their availability, should be made aware of the services offered by VIA to meet the requirements of persons with disabilities.

CONCLUSION

Based on the above findings, the Agency finds that the inadequate information on VIA services on Vancouver Island caused an undue obstacle to the mobility of Ms. Pistell.

Accordingly, VIA is required to provide to the Agency, within ten (10) days from the date of this decision, a copy of the training material on its new VIANET reservation system and a copy of the training schedule of all its telephone reservation agents on this new system. The Agency will review the module to ensure the completeness of information contained therein on the accessibility of its Vancouver Island services.

VIA is also required to take the following measures within thirty (30) days from the date of this decision:

- Issue a bulletin to all telephone reservation agents outlining the misinformation provided to Ms. Pistell and highlighting how VIA meets the needs of persons with disabilities on its services on Vancouver Island. A copy is to be forwarded to the Agency for its information.

- Issue a public notice and have same carried in local Vancouver Island papers advising that VIA will provide a passenger who requires assistance to entrain and detrain, with transportation at VIA's expense to the nearest VIA accessible station where such assistance is available. A copy of the notice as well as a list of the papers in which it was published should be provided to the Agency for its information.

Following its review of this information, the Agency will determine if further action is required.