The Commission has yet to determine if the contested measure aligns with the EU's internal market regulations.
Montreal Airport (ADM) Bites the Bullet Over Federal Court Judgement: Insufficient Training for Hotel Shuttle Drivers Helping Disabled Travelers
Last summer in 2020, a Canadian Transportation Office investigator slapped ADM, Montreal's international airport, with ten violation tickets, eight focused on the shoddy training of hotel shuttle drivers, and two targeting car rental companies within the terminal. Query hotels contracting ADM, and these establishments were expected to use designated pick-up areas for the shuttle service.
The violations can be traced back to a federal regulation requiring airport terminal operators to ensure proper training for shuttle operators, keeping their knowledge up-to-date. Each ticket carried a hefty price tag of $2500.
Dispute Over Responsibility
ADM argued that the federal regulation couldn't extend to these shuttle and car rental companies, which fall under Quebec provincial jurisdiction. Essentially, these companies are not subject to federal competency, according to the argument.
The Federal Court, however, disagreed. The court ruled that the regulation solely applies to ADM as the terminal operator and it's the airport's responsibility to guarantee that their contractors meet the required training standards. In the court's view, the intention behind the regulation was to place the obligation on ADM to ensure adequate and continued training for the shuttle operators.
The decision notes that these companies pay ADM to operate or set up shop within the airport premises. In contrast, the obligations of the federal regulation do not apply to car rental companies situated elsewhere on Montreal Island.
Under the legislative regime, airports must remove barriers to mobility for passengers with disabilities within the air transportation network.
The services provided by these entrepreneurs (shuttles and car rentals) hold a sufficiently significant connection to the air transportation network and the terminal operator to warrant the obligation imposed by the regulation and the Act on ADM, according to the Transportation Appeal Tribunal's decision in this case, which was later judged by the Federal Court. The court confirmed the tribunal's decision in its Wednesday judgment.
Additional Insights
- Regulatory Context: The federal regulations outlining the specifics of training requirements for Montreal-Trudeau Airport's shuttle and car rental companies aren't explicitly mentioned in the Canadian federal regulations. However, broader Canadian regulations like the Accessible Transportation for Persons with Disabilities Regulations (ATPDR) and international standards such as the UN Convention on the Rights of Persons with Disabilities emphasize the importance of accessibility, equal access, and assistance for passengers with disabilities. Local or Canadian federal transportation regulations, such as those from Transport Canada or the Canadian Transportation Agency, would provide more precise information on applicable regulations for Montreal-Trudeau Airport. In the U.S., similar scenarios are covered by the Air Carriers Access Act (ACAA) and associated Department of Transportation regulations, although these do not apply to Canadian airports or ground transportation services.
Further Reading
- "Another Glitch Frustrates Airports Nationwide"
Recommended Reading
"What Makes Life Good?"
A fulfilling life includes the privilege of looking forward to meaningful experiences ahead of time.
"Yet Another Glitch at Montreal Airport"
This is the third disruption caused by technical issues at the facility in recent weeks.
"Former Model: 'I Felt Dirty' While Accusing Weinstein"
Hollywood producer Harvey Weinstein is facing a new trial in New York for sexual assault allegations.
Watch Now
The federal court found that the, uh, Canada Transportation Agency didn't have the authority to regulate shuttle and car rental companies at the Montreal-Trudeau Airport, because they fall under provincial jurisdiction. However, the court noted that the agency can regulate the operators of the airport terminal, as they hold federal competence. So, ADM, getting fined for failing to make sure that their contractors have the proper training to assist disabled passengers with getting around the airport. This is a significant decision because similar cases have arisen, particularly for airports that operate like mini malls, with private companies providing services within their premises. The agency is now requiring these airports to take responsibility for the actions of their contractors, ensuring they are complying with all regulations. Stacy Kitano, a lawyer who specializes in disability issues, said, "In essence, what this case says is that the airport has a duty to enforce its own regulations." She explained that once these contractors sign service agreements with airports, they are obligated to comply with all regulations and rules set by the airport and the federal agency.
On top of that, we've also got the chaotic mess that happened at the Danville, Virginia airport, where a computer glitch caused massive delays for travelers over the weekend. This was the third time in three weeks that this happened, and airport officials are still trying to figure out what's causing these issues.
Oh, and there's a lot of talk lately about sexual assault allegations in the entertainment industry. A former model is accusing Harvey Weinstein of sexual assault, saying that he forced her to perform sexual acts when they were in Milan, Italy, back in 2013. This all goes back to the #MeToo movement that began in 2017, highlighting the rampant sexual assault and harassment that's been a widespread issue within the entertainment industry for many years.
- The decision made by the Federal Court emphasizes the responsibility of Montreal Airport (ADM) to ensure that their contractors, such as shuttle and car rental companies, adhere to the required training standards as specified in federal regulations, even if these companies fall under Quebec provincial jurisdiction.
- A significant decision was made regarding ADM, as the terminal operator was found to be obligated to guarantee adequate and continued training for shuttle operators, due to their services having a sufficiently significant connection to the air transportation network and the terminal.
- The ruling notes that while Canadian Transportation Agency doesn't have the authority to regulate shuttle and car rental companies at the Montreal-Trudeau Airport because they fall under provincial jurisdiction, it can regulate airport terminal operators, as they hold federal competency.
- Disruptions at the Montreal Airport have been recurring, with a computer glitch causing delays for travelers for the third time in three weeks, highlighting the need for improved system reliability.
