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ARTICLE · 13 FEBRUARY 2008

Aviation Law Bulletin - Is One-Fare Fair?

McMillan LLP
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On January 10, 2008 the Canadian Transportation Agency (the "CTA") released a landmark decision that orders certain Canadian carriers, namely Air Canada, Air Canada Jazz and WestJet, to amend their current air fare policies to implement a one-person, one-fare (1P1F) policy. This policy enables persons with a disability to pay one fare regardless of the number of seats that they require to accommodate their disability.

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On January 10, 2008 the Canadian Transportation Agency (the "CTA") released a landmark decision that orders certain Canadian carriers, namely Air Canada, Air Canada Jazz and WestJet, to amend their current air fare policies to implement a one-person, one-fare (1P1F) policy. This policy enables persons with a disability to pay one fare regardless of the number of seats that they require to accommodate their disability.

The revised fare policy applies to those persons who are required, under the terms of the carriers' tariff to be accompanied by an attendant and those persons with a disability, the nature of which requires accommodation by additional seats. While the policy will apply to persons disabled by obesity, the CTA specifically stated that the policy does not apply to obese persons except those who are disabled by obesity. However, it is not clear how this distinction will be drawn by the

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