A-2023-00427/AJ — Transport Canada and Royal Canadian Mounted Police
The complainant alleged that Transport Canada failed to conduct a reasonable search for records in response to an access request concerning communications between Transport Canada and the Royal Canadian Mounted Police (RCMP) related to Class D operation with a single engine helicopter. Initially, Transport Canada located only two pages. During the OIC's investigation, Transport Canada conducted additional searches, identifying approximately 690 more responsive pages. While the institution argued that consultations with the RCMP would take at least six months, the Commissioner found that a reasonable search had ultimately been conducted. However, the Commissioner ordered Transport Canada to process these additional records and provide a new response to the complainant within 60 business days, emphasizing that the institution bears ultimate responsibility for ensuring consultations do not unduly delay access. The complaint was found to be well founded.
- 1Whether Transport Canada conducted a reasonable search for records
- 2Whether the consultation process with the RCMP unduly delayed access
- Adequacy of search: Search found to be reasonable after OIC intervention
- Processing of records: Institution ordered to process additional records
- Timeliness of response: Institution ordered to respond within 60 business days
- Consultation delays: Institution responsible for ensuring timely consultations
- Complaint outcome: Complaint well founded
Complaint well founded — disclosure ordered
Transport Canada's initial search was inadequate, but subsequent searches during the investigation located a significant number of additional responsive records. While the institution cited lengthy consultation times with the RCMP, the Commissioner determined that Transport Canada, as the receiving institution, is ultimately responsible for ensuring that consultations do not unduly delay access. Therefore, the complaint was well founded due to the initial failure to conduct a reasonable search and the potential for undue delay.
The Minister of Transport is ordered to process all additional located records, provide a new response to the complainant within 60 business days, and give access to any additional responsive records unless a specific provision of Part 1 of the Act applies.
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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