Transport Canada (Re), 2025 OIC 59

Date: 2025-08-27
OIC file number: 5823-05004
Access request number: A-2023-00427/AJ

Summary

The complainant alleged that Transport Canada had not conducted reasonable searches for records in response to an access request under the Access to Information Act. The request was for records between Transport Canada and the Royal Canadian Mounted Police (RCMP) related to Class D operation with a single engine helicopter between January 1, 2017, and December 8, 2023. The allegation falls under paragraph 30(1)(a) of the Act.

As a result of the investigation, Transport Canada conducted additional searches and confirmed that approximately 690 additional pages identified to be responsive to the request exist. Transport Canada indicated that it would take at least six months to consult with the RCMP on most of those pages before providing a new response to the request.

The Information Commissioner ordered that Transport Canada process the additional records and provide a new response no later than 60 business days following the date of the final report. Transport Canada gave notice to the Commissioner that it would likely be implementing the order. The complaint is well founded.

Complaint

[1] The complainant alleged that Transport Canada had not conducted reasonable searches for records in response to an access request under the Access to Information Act. The request was for records between Transport Canada and the Royal Canadian Mounted Police (RCMP) related to Class D operation with a single engine helicopter between January 1, 2017, and December 8, 2023. The allegation falls under paragraph 30(1)(a) of the Act.

Investigation

Reasonable research

[2] Transport Canada was required to conduct a reasonable search for records that fall within the scope of the access request—that is, one or more experienced employees, knowledgeable in the subject matter of the request, must have made reasonable efforts to identify and locate all records reasonably related to the request.

[3] A reasonable search involves a level of effort that would be expected of any fair, sensible person tasked with searching for responsive records where they are likely to be stored.

[4] This search does not have to be perfect. An institution is therefore not required to prove with absolute certainty that further records do not exist. Institutions must however be able to show that they took reasonable steps to identify and locate responsive records.

Did the institution conduct reasonable searches for records?

[5] The Office of the Information Commissioner (OIC) requested Transport Canada’s representations on the reasonableness of the search conducted to locate all responsive records.

[6] Transport Canada advised that at the time the response to the access request was provided, two pages of records had been located.

[7] During the investigation, Transport Canada conducted a second search and re-tasked the relevant Offices of Primary Interest OPIs, Safety and Security and the Ontario Region, as well as four additional regions to ensure that nothing was missed. As a result, approximately 690 additional pages identified to be responsive to the request were retrieved and provided to Transport Canada’s Access to Information and Privacy unit. The additional regional OPIs did not locate any records.

[8] Transport Canada provided detailed representations outlining the parameters of the search, including details on how the program areas conducted the search. Transport Canada confirmed that it originally tasked the two most appropriate OPIs, selected based on the subject matter of the request and on the recommendations of subject matter experts. Transport Canada confirmed that the search was conducted throughout the appropriate repositories with keywords from the access request.

[9] Transport Canada agreed to process the additional records but indicated that it must complete consultations with the RCMP, as the records pertain to RCMP internal training policies. The standard consultation timeline would be 180 days per 300 pages; however, Transport Canada contacted the RCMP for a more precise timeline on the approximately 530 pages requiring consultation. The RCMP then indicated that the consultation would take at least six months.

[10] Transport Canada has a statutory obligation to ensure that access requests are responded to in accordance with the requirements of the Act on records that are under its control. While recognizing that in some circumstances, it may be appropriate for an institution to consult another one for the purpose of responding to a request, the institution in receipt of the request bears the ultimate responsibility in ensuring that the consultation process does not unduly delay access.

[11] However, given the additional search, I am now satisfied that a reasonable search has been conducted.

Outcome

[12] The complaint is well founded.

Orders

I order the Minister of Transport to:

1. Process all additional pages of records located as a result of the additional searches;
2. Provide a new response to the complainant no later than 60 business days following the date of the final report;
3. Give access to any additional responsive records, unless access to them, or to part of them, may be refused under a specific provision(s) of Part 1 of the Act. When this is the case, name the provision(s);
4. If none of the additional records are responsive to the request, indicate this in the response.

Initial report and notice from institution

On August 8, 2025, I issued my initial report to the Minister of Transport setting out my orders.

On August 22, 2025, the Manager of the Access to Information and Privacy Branch gave me notice that Transport Canada would likely be in a position to comply with the orders.

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.

Review by 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.

When the Information Commissioner makes an order(s), the institution also has the right to apply for a review. Whoever applies for a review must do so within 35 business days after the date of this report and serve a copy of the application for review to the relevant parties, as per section 43. If no one applies for a review by this deadline, the order(s) takes effect on the 36th business day after the date of this report.