Canadian privacy & access decisions

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.

• Whether Transport Canada responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
• Whether Transport Canada validly extended the 30-day period for responding under section 9 of the Access to Information Act
• Whether Transport Canada is deemed to have refused access to the requested records under subsection 10(3) of the Access to Information Act