Federal (Canada)Access to Information ActNot well-founded

5820-04070 — Transport Canada and Department of Justice Canada and Public Health Agency of Canada and Global Affairs Canada and Canada Border Services Agency and Public Safety Canada

Organization: Transport CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Transport Canada's 510-day time extension to respond to an access request was unreasonable. The request sought records related to the implementation of new testing and quarantine measures for non-essential international air travel. Transport Canada justified the extension under paragraphs 9(1)(a) for a large volume of records, 9(1)(b) for necessary consultations with five other government institutions, and 9(1)(c) for third-party consultations. The Commissioner found that the request involved a large volume of records (over 3,000 pages) and that responding within 30 days would unreasonably interfere with Transport Canada's operations, particularly due to COVID-19 restrictions limiting on-site access to classified documents. The Commissioner also determined that consultations with other government bodies and third parties were necessary and could not be completed within 30 days. The Commissioner concluded that the total 510-day extension was reasonable given the circumstances, including the pandemic's impact on operations and the complexity of consultations. Therefore, the complaint was not well founded.

Key issues
  1. 1Whether the time extension taken by Transport Canada was unreasonable
  2. 2Whether the request was for a large number of records or required searching through a large number of records (s.9(1)(a))
  3. 3Whether meeting the 30-day deadline would unreasonably interfere with the institution’s operations (s.9(1)(a))
  4. 4Whether the extension of time was for a reasonable period, given the circumstances (s.9(1)(a))
  5. 5Whether consultations on the requested records were necessary (s.9(1)(b))
  6. 6Whether consultations could reasonably be completed within 30 days (s.9(1)(b))
  7. 7Whether the extension of time for consultations was for a reasonable period, given the circumstances (s.9(1)(b))
  8. 8Whether consultations with third parties were necessary (s.9(1)(c))
  9. 9Whether the extension of time for third-party consultations was for a reasonable period, given the circumstances (s.9(1)(c))
  10. 10Whether Transport Canada met the requirements to claim an extension of time by notifying the requester within 30 days
Outcome breakdownFavours: Institution
  • Timeliness of extension: 510-day extension upheld as reasonable
  • Large volume of records: Justification for extension upheld
  • Consultations with other institutions: Justification for extension upheld
  • Third-party consultations: Justification for extension upheld
  • Interference with operations: Justification for extension upheld
  • Overall complaint: Complaint not well founded
Outcome

Complaint not well founded

Reasoning

The Commissioner found that Transport Canada successfully demonstrated that the time extensions claimed under paragraphs 9(1)(a), 9(1)(b), and 9(1)(c) were necessary and for a reasonable period, considering the large volume of records, the impact of the COVID-19 pandemic on operations, and the need for extensive consultations with other government institutions and third parties.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.9(1)(a) ATIA
  • s.9(1)(b) ATIA
  • s.9(1)(c) ATIA

This summary is for informational purposes only and does not constitute legal advice.

Pro · AI

Decisions with similar reasoning and facts — found by AI across statutes and jurisdictions, not just keywords.

Pro
Coverage — 13 of 14 jurisdictions searchable

Fully searchable: Ontario, British Columbia, Alberta, Saskatchewan, Newfoundland and Labrador, Northwest Territories, New Brunswick, Manitoba.

Partial (recent decisions only): Federal (Canada) (651 of 1,631), Nova Scotia (49 of 472), Quebec (6 of 7,090), Prince Edward Island (2 of 279), Yukon (1 of 75).

Coming soon: Nunavut — being re-processed for AI search.

Find decisions like this one — by meaning, not keywords.

Related by meaning is a Pro feature. Upgrade to surface conceptually similar decisions across the corpus, powered by AI.

Upgrade to Pro