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Interlocutory Decisions : 2001

2001-03-21

LET-AT-R-147-2001

File No. U3570/94-1-1

File No. U 3570/94-1-1

VIA Rail Canada Inc.

In order to conduct its inquiry into whether the tariff constitutes an obstacle and, if so, whether the obstacle is undue, the Agency requires information and evidence. In particular, the Agency requires a complete and detailed response from VIA to the issues identified in the Agency Decision No. LET-AT-R-28-2001 of January 22, 2001. While VIA, in its letter of February 22, 2001, has provided some of the information requested, it has not provided a response to many of the issues raised. Accordingly, the Agency hereby requires VIA to provide the Agency with its comments on the following subjects or points on or before April 2, 2001. Items 1 through 8 constitute the factors identified by the Federal Court of Appeal in its October 10, 2000 Judgment as being relevant to the Agency's consideration.

1. The reasonable availability of VIA's personnel and equipment to assist passengers with disabilities in entraining and detraining.
2. The time required by VIA for providing the assistance required by passengers with a disability in entraining and detraining.
3. The effect on scheduling of trains which are required to spend time entraining and detraining passengers with disabilities in excess of that scheduled.
4. The impact of delays resulting from entraining and detraining passengers with disabilities on all passengers.
5. The impact of unscheduled delays on passenger confidence and the continued viability of VIA's passenger rail service.
6. VIA's ability to contract occasional workers to assist passengers with a disability in entraining and detraining, having regard to any collective bargaining agreements to which VIA is a party.
7. The requirement that such occasional workers be properly trained and insured to carry out their duties.
8. The expense of providing additional personnel to assist passengers with disabilities in entraining and detraining, especially at small stations where only a modest compliment of staff is available.
9. The concepts of "obstacle" and "undue" as found in subsection 63.3(1) of the National Transportation Act, 1987 (now subsection 172(1) of the Canada Transportation Act), as well as the concept of "so far as practicable" as found in paragraph 3(1)(g) of the National Transportation Act, 1987 (now "as far as is practicable", found in paragraph 5(g) of the Canada Transportation Act), in relation to the requirement in VIA's tariff that attendants be capable of providing entraining and detraining assistance to passengers with disabilities.
10. The apparent conflict between the following provision of the Code of Practice on Terms and Conditions of Carriage by Rail of Persons with Disabilities (Code of Practice) and VIA's tariff:

    If requested in advance to do so by a person with a disability, a rail carrier should provide assistance with the following:... (c) entraining and detraining;....

    At the time of booking, a rail carrier may inquire whether acquaintances or accompanying attendants of a passenger with a disability could assist the carrier's personnel, if necessary, with entraining and detraining the passenger.

11. A comprehensive summary of VIA's current policies and practices on the carriage of persons with disabilities, including assistance in entraining and detraining. This information may include, but is not limited to, VIA's current tariff, directives such as customer services bulletins to staff and/or to the public, and promotional material distributed by means of brochures or other forms.

Following its consideration of the information on file regarding the subject issue and the comments submitted by VIA in response to the present letter, the Agency will determine whether further information is necessary for the purposes of this inquiry.