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Interlocutory Decisions : 2000

2000-10-03

LET-AT-A-296-2000

File No. U3570/97-21

Reference is made to the above noted complaint received by the Canadian Transportation Agency (Agency) on November 19, 1997, wherein Ms. McKay-Panos requests that the Agency investigate the seating arrangements provided by Air Canada while travelling between Calgary and Ottawa in August 1997, as well as the carrier's policy of imposing higher fares to accommodate passengers who require additional seating space due to obesity.

As you are aware, the Agency has identified a jurisdictional issue to be determined in this case, that being whether obesity is a disability for purposes of the accessibility provisions of the Canada Transportation Act (the CTA). By Decision No. LET-A-112-1998, dated April 3, 1998, the Agency advised that, before making its decision on this complaint, it would consult more widely on the issues raised. In its Decision No. 214-AT-A-1998, dated May 11, 1998, the Agency appointed an Inquiry Officer and provided the terms of reference for the inquiry.

On April 12, 1999, the Inquiry Officer released an Interim Report, An Inquiry into Whether Obesity is a Disability for the Purposes of Applying the Accessibility Provisions of the Canada Transportation Act and the Manner in which Canadian Air Carriers Accommodate Passengers who Require Additional Seating Space due to Obesity. The Inquiry Officer invited interested parties to submit comments and suggestions concerning the content of the interim report. A number of submissions were made in response to the inquiry report, which were reviewed and analysed. The Agency subsequently explored various alternatives to proceed with this case. Discussions were also conducted with various interested parties with respect to the matter at hand.

Through the filing of the interim report, it is the Agency's view that the Inquiry Officer has discharged her obligations under the appointment. At this time, the Agency is prepared to proceed with its consideration of the complaint filed by Ms. McKay-Panos against Air Canada. The Agency has determined, pursuant to section 22 of the National Transportation Agency General Rules, that it will proceed with the jurisdictional issue as a preliminary issue before making a decision on the merits of the complaint. In view of the fact that the jurisdictional issue was not raised by the parties in the initial pleadings, the Agency now invites pleadings from the parties on this subject. Each party is asked to submit to the Agency their comments on the jurisdictional issue.

You are asked to submit your comments on the preliminary issue within thirty (30) days from the date of this letter. A copy of each submission will then be served on the other party, who will have 10 days from the receipt of the submission to file a reply with the Agency.

Should you have any questions, do not hesitate to contact Georges Flosse or Diane Brown at the numbers listed below.