
5824-02329 — Transport Canada
The complainant alleged that Transport Canada failed to respond to an access request within the 30-day statutory period for records related to an Issue Paper on Human External Cargo via Helicopter. The investigation revealed that Transport Canada's Office of Primary Interest (OPI), Safety and Security, missed the initial tasking request for records, causing significant delays. Transport Canada was deemed to have refused access under subsection 10(3) of the Act due to its failure to respond within the statutory timeframe. The Information Commissioner ordered Transport Canada to provide a complete response to the access request. Although Transport Canada later advised the complainant that responsive records were being processed under a separate request, the Commissioner determined this did not constitute a "complete response" as it did not provide actual access or a denial with reasons. The Commissioner also recommended that the Minister of Transport develop processes to ensure timely record provision by OPIs and establish performance indicators for senior officials regarding delays. The complaint was found to be well founded.
- 1Whether Transport Canada responded to the access request within the 30-day period under section 7 of the ATIA
- 2Whether Transport Canada's referral to another access request constituted a complete response
- 3Whether the delay by the Office of Primary Interest (OPI) was acceptable
- Timeliness / deemed refusal: Deemed refusal upheld
- Completeness of response: Response deemed incomplete
- Disclosure of records: Records ordered disclosed
- Administrative practices: Recommendations for process improvement made
Complaint well founded — disclosure ordered
Transport Canada failed to respond to the access request within the 30-day statutory period, leading to a deemed refusal. The subsequent communication referring to another access request did not meet the definition of a complete response under the Act, which requires either actual access to records or a denial with specific reasons.
The Minister of Transport is ordered to provide a complete response to the access request no later than the 36th business day following the date of the final report. The Commissioner also recommended that the Minister develop proper processes and procedures to ensure that Transport Canada’s OPIs provide responsive records in a timely fashion and develop performance indicators to hold Transport Canada’s senior officials accountable for delays.
- s.7 ATIA
- s.9 ATIA
- s.10(3) ATIA
- s.10(2) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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