BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/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
Office of the Information Commissioner of CanadaAccess to Information Act5820-04070Not well-founded
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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 Canada
Decision: Feb 3, 2022Published: Feb 3, 2022

The complainant alleged that Transport Canada's 510-day extension to respond to an access request was unreasonable. The request concerned records on new testing and quarantine measures for non-essential international air travel. Transport Canada argued the extension was needed due to the large volume of records, the complexity of searches, necessary consultations with other government bodies, and third-party representations. The Commissioner found that the institution adequately demonstrated the necessity and reasonableness of the time extensions under paragraphs 9(1)(a), 9(1)(b), and 9(1)(c) of the Act.

  • Reasonableness of time extension under paragraph 9(1)(a) due to volume of records
  • Reasonableness of time extension under paragraph 9(1)(b) due to consultations
  • Reasonableness of time extension under paragraph 9(1)(c) due to third-party consultations
  • Proper notification of time extension

Complaint not well founded

The Commissioner found that Transport Canada provided sufficient evidence to justify the time extensions. The request involved a large volume of records requiring extensive searches and consultations, and the institution demonstrated that meeting the original deadline would have unreasonably interfered with its operations, especially during COVID-19 restrictions. The consultations with other government bodies and third parties were also deemed necessary and could not reasonably be completed within the initial 30-day period. The notification to the complainant met the requirements of the Act.

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Statutory provisions cited
  • s.9(1)(a) ATIA
  • s.9(1)(b) ATIA
  • s.9(1)(c) ATIA
  • s.20 ATIA

This is an informational summary and not legal advice.