Federal (Canada)Access to Information ActWell-founded

5823-04205 — Transport Canada

Organization: Transport CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Transport Canada failed to respond to an access request within the 30-day statutory period. The request sought records from specific dates concerning the operation and restrictions of certain aircraft, received and distributed by a particular employee. Transport Canada received the request on January 4, 2024, but did not issue a response within the 30-day timeframe, nor did it seek an extension or transfer the request. The investigation revealed that the program area took three months to locate 148 pages of potentially responsive records. Transport Canada subsequently identified 12 pages as potential Cabinet confidences and initiated consultations, projecting a response date of October 18, 2024. The Commissioner found the delay unacceptable, given the small volume of records, and concluded that Transport Canada failed to meet its obligations under the Act. The complaint was found to be well founded, and Transport Canada was ordered to provide a complete response.

Key issues
  1. 1Whether Transport Canada responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
  2. 2Whether Transport Canada validly extended the 30-day period for responding under section 9 of the Access to Information Act
  3. 3Whether Transport Canada is deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Complaint upheld, institution failed to meet obligations
  • Disclosure of records: Institution ordered to provide complete response
Outcome

Complaint well founded — disclosure ordered

Reasoning

Transport Canada failed to respond to the access request within the 30-day statutory period and did not validly extend the timeline. The institution's internal delays in locating, reviewing, and consulting on the records were deemed unacceptable, leading to a deemed refusal of access.

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Decision notes
Recommended action / remedy

The Minister of Transport is ordered to provide a complete response to the access request no later than the 36th business day following receipt of the final report.

Statutes considered
  • s.7 ATIA
  • s.9 ATIA
  • s.10(3) ATIA
  • s.30(1)(a) ATIA

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

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