Notice to parties involved in an adjudication process
Federal Court of Appeal Decision renders all adjudication process submissions public
On June 5, 2015, the Federal Court of Appeal issued a judgement that may affect parties who have been or are currently involved in an adjudication process with the Canadian Transportation Agency.
The decision concludes that submissions and documents that are accepted as filed must be made publicly available upon request, without redaction.
The Agency has always carefully balanced its responsibility with regards to privacy rights and the open court principle. As a government body, the Agency is legally obligated under the Privacy Act to protect the personal information of Canadians.
However, in its role as a quasi-judicial tribunal, the Agency operates like a court when adjudicating disputes and is therefore bound by the open court principle. This means that the Agency's adjudication proceedings must be open and accessible to all Canadians.
In the past, the Agency has redacted from the public record personal and sensitive information such as social insurance numbers, credit card information, passport numbers and personal addresses, before the information is released to the public.
Now, as a result of the court's decision, any submissions or documents filed with the Agency as part of its formal adjudication process will be made part of the public record without redaction, unless a claim for confidentiality has been made to and accepted by the Agency.
The Agency will be updating its forms, procedures and website content as soon as possible to help new applicants, as well as current and past parties, understand the implications of the decision.
Before submitting documents to the Agency, please remove information that you do not want included on the public record. This may include sensitive personal information unnecessary to your case, such as:
- Social insurance numbers
- Passport numbers
- Credit card information
- Date of birth
- Loyalty program reward numbers
- PIN or online access codes
Should you have any questions on this matter, please contact the Agency.