Transport Canada (Re), 2026 OIC 35

The complainant alleged that Transport Canada failed to respond to an access request within the statutory 30-day period and improperly handled the request before opening the file. The request sought correspondence related to the Greater Toronto Airports Authority (GTAA) concerning noise, flight path changes, passenger-based formulas, and airspace redesign. The investigation found that Transport Canada did not respond within the 30-day timeframe, largely due to delays from a primary Office of Primary Interest (OPI) in retrieving records, exacerbated by a building fire that prevented access to paper records. Electronic records were also not processed while waiting for paper records. However, the Commissioner found that Transport Canada did not improperly handle the request initially, as it reasonably sought clarification when the request did not explicitly name the institution. The complaint regarding the delay was found to be well-founded, and Transport Canada was ordered to provide a complete response within 120 business days. Transport Canada indicated it would not fully implement the order, stating it would provide an interim response instead.