Transport Canada (Re), 2025 OIC 32
Date: 2025-06-02
OIC file number: 5824-02329
Access request number: A-2024-00394
Summary
The complainant alleged that Transport Canada did not respond to an access request within the 30‑day period set out in section 7 of the Access to Information Act. The request was for records related to the Issue Paper titled: "Proposal to Amend CAR 702.19 / CASS 722.19 and CAR 702.21 / CASS 722.21 Carriage of Human External Cargo (HEC) via Helicopter, dated March 2021”. The allegation falls under paragraph 30(1)(a) of the Act.
Transport Canada did not meet its obligation to respond to the request within the 30-day period.
The investigation revealed that Transport Canada had been waiting for records from the Office of Primary Interest (OPI) tasked, Safety and Security, which had missed the tasking request, and therefore the records retrieval had to be re-sent.
The Information Commissioner notified Transport Canada of her intention to order Transport Canada to provide a complete response to the access request no later than the 36th business day following the date of the final report.
Transport Canada gave notice to the Commissioner that it had already provided a response to the access request, advising the complainant that the responsive records were being processed under a separate access request and would be disclosed upon completion of that separate request. The Commissioner advised that Transport Canada’s response to the access request does not constitute a “complete response”, as envisioned by her order and that simply referring to another access request does not fulfill the requirement of providing a complete response. Providing actual access to the records is a key feature of a response, unless the institution is denying access. Therefore, Transport Canada is required to comply with the order.
The Commissioner also recommended that the Minister of Transport develop proper processes and procedures to ensure that Transport Canada’s OPIs will provide responsive records in a timely fashion and develop performance indicators to hold Transport Canada’s senior officials accountable for delays.
The complaint is well founded.
Complaint
[1] The complainant alleged that Transport Canada did not respond to an access request within the 30‑day period set out in section 7 of the Access to Information Act. The request was for records related to the Issue Paper titled: "Proposal to Amend CAR 702.19 / CASS 722.19 and CAR 702.21 / CASS 722.21 Carriage of Human External Cargo (HEC) via Helicopter, dated March 2021”. The allegation falls under paragraph 30(1)(a) of the Act.
Investigation
Time limits for responding to access requests
[2] Section 7 requires institutions to respond to access requests within 30 days unless they have transferred a request to another institution or validly extended the 30-day period for responding by meeting the requirements of section 9. When an institution does not respond to a request within the 30-day or extended period, it is deemed to have refused access to the requested records under subsection 10(3).
[3] Nevertheless, the institution is still required to provide a response to the access request.
What is a response?
[4] The response must be in writing and indicate whether the institution is giving access to any or part of the requested records.
- When the response indicates that the institution has given access to the records or part of them, the institution must provide access to those records.
- When the response indicates that the institution has denied access to the records or part of them, the institution must explain that the records do not exist or that the institution has exempted them, or part of them, under a specific provision, which the institution must name.
[5] In specific circumstances, the institution may refuse to confirm or deny in its response whether records exist under subsection 10(2).
Did the institution respond within the time limits?
[6] Transport Canada received the access request on August 13, 2024, but neither extended the period within which it had to respond to the request under subsection 9(1) nor transferred the request. This means that the 30-day period under section 7 still applied.
[7] Transport Canada did not respond to the access request by this date. I conclude, therefore, that Transport Canada did not meet its obligation to respond to the request within the 30-day period. Transport Canada is deemed to have refused access to the requested records under subsection 10(3).
[8] Transport Canada’s Access to Information and Privacy office tasked the Office of Primary Interest (OPI), Safety and Security, to search for records in November 2024. On March 28, 2025, Transport Canada informed the Office of the Information Commissioner (OIC) that the OPI tasked missed the tasking request, and therefore the records retrieval had to be re-sent and was still awaiting a response.
[9] Transport Canada’s ATIP office was, therefore, unaware of the total volume of responsive records or whether any consultations may be required before responding to the access request. As such, the ATIP office was not in a position to provide the OIC with a date by which it anticipated providing a complete response to the access request.
[10] I find the delay taken by Safety and Security to retrieve all relevant records unacceptable. The lack of responsiveness from this OPI has affected Transport Canada’s ability to meet its obligation to ensure that this access request was responded to in accordance with the requirements of the Act. Moreover, this delay has also prevented Transport Canada’s ATIP office from assessing the work involved with responding to the request, which is essential for determining the resources and time needed to process the request effectively.
[11] The Minister should remind her public officials of their responsibility in providing timely access to information to Canadians. The ATIP unit is not the only one responsible in ensuring that the Act is respected; it is a departmental and collective responsibility. It remains essential that senior management actively support Transport Canada's access to information team, as well as its program areas, in a concerted effort to ensure that timely responses are delivered with exemplary transparency.
[12] Any additional time that is taken to respond to this request is another day by which the complainant’s rights of access are being denied. This lack of responsiveness is in clear contravention of Transport Canada’s obligations under the Act and undermines the credibility of the access system.
[13] Transport Canada must respond to the request within the shortest amount of time possible. Any response must necessarily be compliant with Transport Canada’s other obligations under the Act, including the obligation to respond to the request accurately, completely and in a timely manner. Given that no representations were received to demonstrate why additional time is needed, I conclude that it is appropriate for Transport Canada to provide a response to the request no later than the 36th business day following the date of the final report.
Outcome
[14] The complaint is well founded.
Order and recommendations
I order the Minister of Transport to provide a complete response to the access request no later than the 36th business day following the date of the final report.
I recommend that the Minister of Transport develop proper processes and procedures to ensure that Transport Canada’s OPIs will abide to their responsibilities to provide responsive records in a timely fashion to the ATIP office.
I recommend that the Minister of Transport develop performance indicators to hold Transport Canada’s senior officials accountable for delays in providing responsive records to the ATIP office.
Initial report and notice from institution
On May 6, 2025, I issued my initial report to the Minister of Transport, setting out my order and recommendations.
On May 23, 2025, Transport Canada gave me notice that it had already provided a response to the access request, advising the complainant that the responsive records were being processed under a separate access request and would be disclosed upon completion of that separate request.
I am of the view that Transport Canada’s response to the access request does not constitute a “complete response”, as envisioned by my order. Providing actual access to the records is a key feature of a response under the Act, unless the institution is denying access. Simply referring to another access request does not fulfill the requirement of providing a complete response. Therefore, Transport Canada is required to comply with the order outlined above.
I remind the Minister that, if she does not intend to fully implement my order, she must apply to the Federal Court for a review by the deadline set out below.
Transport Canada has not indicated whether it will implement my recommendations. I would like to respectfully remind the Minister that these recommendations remain important and should be implemented without delay.
Review by the Federal Court
When an allegation in a complaint falls under paragraph 30(1)(a), (b), (c), (d), (d.1) or (e) of the Act, the complainant has the right to apply to the Federal Court for a review. The complainant must apply for this review within 35 business days after the date of this report and must serve a copy of the application for review to the relevant parties, as per section 43.