Annual Report on the Administration of the Access to Information Act for 2015-2016

Table of Contents

1. Introduction

The Access to Information Act (ATIA), proclaimed in April 1983, grants all Canadian citizens and permanent residents the right to examine or receive copies of records under the control of a federal government institution, except in limited and specific circumstances.

Section 72 of the ATIA requires that the head of every government institution prepare for submission to Parliament an annual report on the administration of the ATIA within the institution within each financial year. This report covers the period from April 1, 2015 to March 31, 2016.

The Canadian Transportation Agency (Agency) is an independent, quasi-judicial tribunal and regulator with the powers of a superior court.

The Agency has three core mandates:

  • We help ensure that the national transportation system runs efficiently and smoothly in the interests of all Canadians: those who work and invest in it; the producers, shippers, travellers and businesses who rely on it; and the communities where it operates.
  • We protect the human right of persons with disabilities to an accessible transportation network.
  • We provide consumer protection for air passengers.

To help advance these mandates, we have three tools at our disposal:

  • Rule-making: We develop and apply ground rules that establish the rights and responsibilities of transportation service providers and users and that level the playing field among competitors. These rules can take the form of binding regulations or less formal guidelines, codes of practice or interpretation notes.
  • Dispute resolution: We resolve disputes that arise between transportation providers on the one hand, and their clients and neighbours on the other, using a range of tools from facilitation and mediation to arbitration and adjudication.
  • Information provision: We provide information on the transportation system, the rights and responsibilities of transportation providers and users, and the Agency's legislation and services.

2. Organization of Agency responsibilities related to the administration of the Access to Information Act

The Chair and Chief Executive Officer of the Agency is responsible for the administration of the ATIA and compliance with the Act, its Regulations, Policy and Directive.

During this reporting period, the Access to Information and Privacy (ATIP) Unit was positioned in the Secretariat and Registrar Services Directorate and included the Coordinator and one full time ATIP Analyst.

All files including interdepartmental and third party consultations were processed by the Coordinator and Analyst. Agency staff actively participated in the retrieval and review of records. All final releases were reviewed by Legal Services prior to their approval by the Coordinator. A copy was provided to the Communications Directorate prior to its release.

Each application had an individual case file, and all actions were recorded in the ATIP corporate system, PrivaSoft AccessPro.

Informal requests

Informal requests were similarly processed by the ATIP Unit. In addition, the Communications Directorate was responsible for responding to requests for information received through info@otc-cta.gc.ca. Legal Services and other branches also directly responded to requests for information. The ATIP Unit provided advice in response to these informal requests as required.

3. Delegation of Authority

In October 2015, the Chair and CEO delegated full authority to the ATIP Coordinator and to the General Counsel, and partial authority to the Analyst. Prior to October 2015, the Chair retained the delegated authority for sections 13 - 26 of the Act. A copy of the October 2015 delegation order is attached as Appendix B. The previous delegation order is attached as Appendix C.

All delegation orders were signed in the City of Gatineau.

4. Interpretation of the statistical summary report

Attached as Appendix A is the form entitled "Statistical Report on the Access to Information Act," which provides statistical data on formal requests under the ATIA received by the Agency.

During the reporting period, i.e. from April 1, 2015 to March 31, 2016, the Agency received 15 new ATIA requests. This represents a decrease of five requests over the previous year. Six requests were outstanding from 2014-2015, resulting in a total of 21 active requests. No requests were carried over to 2016-2017.

The Agency processed 14 consultation requests from other government departments and one consultation request from a provincial government during 2015-2016, compared to a total of 10 consultation requests during the previous year.

In addition, the ATIP Unit processed 11 informal requests during the reporting period, compared to 27 informal requests in 2014-2015; however, the responsibility for processing informal requests is shared throughout the Agency.

Completion and disposition of requests

Graphic of ATIA and Consultation Requests (using figures from the table immediately below) 
ATIA and Consultation Requests
  • ATIA and Consultation Requests
    ATIA and Consultation Requests
      one-15 16-30 31-60 61-120 121-180 181-365
    ATIA Requests 0 9 3 8 0 1
    Consultation Requests 11 1 0 3 0 0

Eleven of 15 consultation requests were completed within 15 days and the balance completed within 120 days. Of the 21 ATIA requests processed in 2015-2016, nine requests were completed within 30 days and eight were completed within 120 days.

Eight requests were deemed to have been delivered past the statutory deadline. Seven of these were considered to be 31-60 days late and the other was 121-180 days late.

Graphic of Deemed Refusals (using figures from the table immediately below) 
Deemed Refusals
  • Deemed Refusals
    Deemed Refusals
      one-15 16-30 31-60 61-120 121-180 181-365
    Past Statutory Deadline - No extension taken 0 0 7 0 0 0
    Past Statutory Deadline - Extension taken 0 0 0 0 1 0

The Agency processed 2,093 pages in total in response to 17 requests. No records existed in response to four requests. Two requests were disclosed in their entirety and the balance was disclosed in part.

Exemptions

The following exemptions were applied to completed requests in this reporting year.

Exemption Number of requests
18(a) 1
19(1) 13
20(1)a 1
20(1)b 10
20(1)c 10
21(1)b 1
21(1)c 1

The exemptions that have been applied over the last five years have remained consistent. Personal information 19(1) and information provided by a third party 20(1) are applied more often than others sections, which corresponds with our business lines and mandate.

There were no exclusions applied in 2015-2016.

Graphic of Exemptions over five years (using figures from the table immediately below) 
Exemptions over five years
  • Exemptions over five years
    Exemptions over five years
      13(1) 15(1)-IA 16(1)c 16(2) 18a 19(1) 20(1)a 20(1)b 20(1)c 20(1)d 21(1)a 21(1)b 21(1)c 21(1)d 22 23 24
    2011-2012 1 0 0 1 0 5 0 3 1 1 5 2 4 4 0 2 0
    2012-2013 0 0 0 0 0 3 0 3 0 0 1 1 0 0 0 1 0
    2013-2014 0 0 0 0 1 16 0 11 6 1 5 7 1 0 0 4 0
    2014-2015 0 1 1 0 1 15 1 14 14 2 6 7 1 0 0 3 1
    2015-2016 0 0 0 0 1 13 1 10 10 2 0 1 1 0 0 0 0

Other complexities

Another government department was consulted on one request and third parties were consulted on three requests. Consultation of our Legal Services division is required as part of the Agency's approval process and is not considered to be a complexity.

Fees

A total of $85.00 was collected in application fees. The Agency does not collect any other fees.

5. Training

No formal training was provided during this reporting period. One-on-one assistance and coaching were provided to Agency staff as required. Ad hoc recommendations were made upon request.

6. Institutional policies, guidelines and procedures

The Agency revised its policies, guidelines and procedures in response to the Federal Court of Appeal's decision, Lukács vs Canadian Transportation Agency et al. Please refer to "Key Issues" for information on the application of section 19(1) to records related to adjudication proceedings. As a result of this decision, requests for records related to adjudication decisions are processed informally and released in their entirety unless a claim for confidentiality has been made and accepted during the adjudication process. Requests for access to these records can be made to any Branch of the Agency and are frequently received by the Communications Directorate either by telephone or by email at info@otc-cta.gc.ca. The ATIP Unit provides consultation services and advice as required.

The Agency did not implement any other new or revised formal policies, guidelines or procedures during the reporting period related to the administration of Access to Information requests. However, the process for the retrieval and review of records in response to requests was informally changed so as to encourage Agency staff to actively participate in the retrieval and review of records. Formal change and guidance will occur in the following fiscal year.

7. Key issues

Federal Court of Appeal Decision

Decision 2015 FCA 140: Lukács vs Canadian Transportation Agency et al.

On June 5, 2015, the Federal Court of Appeal issued a judgement that affects the processing of requestsmade under the ATIA. The Court concluded 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 respect to privacy rights and the open court principle. As a government body, the Agency is legally obligated under the Privacy Act (PA)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 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.

As a result of the court's decision, any submissions or documents filed with the Agency as part of its formal adjudication process are made part of the public record without redaction, unless a claim for confidentiality has been made to and accepted by the Agency. Requests for records related to adjudication decisions are processed informally and released in their entirety unless a claim for confidentiality was made.

Other Key Issues

No issues were raised from complaints and investigations. No complaints under the ATIAwere received during the 2015-2016 reporting period. One complaint under the PAwas received and a response provided. This complaint is still open.

8. Time monitoring

The Agency's corporate ATIP system, PrivaSoft AccessPro, tracked all administrative activities and set due dates in order to meet statutory timelines. Due dates for all actions were communicated to staff. All actions were also detailed in a separate tracking tool. Processing time was not otherwise monitored except by Legal Services in support of their internal processes. Case status updates are provided to the Executive Committee on a monthly basis and actioned as required.

Appendix A: Statistical Report on the Access to Information Act

Name of institution: Canadian Transportation Agency

Reporting period: 2015-04-01 to 2016-03-31

Part 1 – Requests Under the Access to Information Act

1.1 Number of Requests
  Number of Requests
Received during reporting period 15
Outstanding from previous reporting period 6
Total 21
Closed during reporting period 21
Carried over to next reporting period 0
1.2 Sources of requests
Source Number of Requests
Media 1
Academia 0
Business (Private Sector) 10
Organization 1
Public 2
Decline to Identify 1
Total 15
1.3 Informal Requests
Completion Time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
2 2 1 3 1 1 1 11

Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

Part 2 - Requests Closed During the Reporting Period

2.1 Disposition and completion time
Disposition of Requests Completion Time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 0 0 1 1 0 0 0 2
Disclosed in part 0 7 1 6 0 1 0 15
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 0 2 1 1 0 0 0 4
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 0 9 3 8 0 1 0 21
2.2 Exemptions
Section Number of Requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) - I.A.Table note 1 0
15(1) - Def.Table note 2 0
15(1) - S.A.Table note 3 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
17 0
18(a) 1
18(b) 0
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 13
20(1)(a) 1
20(1)(b) 10
20(1)(b.1) 0
20(1)(c) 10
20(1)(d) 2
20.1 0
20.2 0
20.4 0
21(1)(a) 0
21(1)(b) 1
21(1)(c) 1
21(1)(d) 0
22 0
22.1(1) 0
23 0
24(1) 0
26 0
2.3 Exclusions
Section Number of Requests
68(a) 0
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
69(1)(g) re (a) 0
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 0
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0
2.4 Format of information released
Disposition Paper Electronic Other Formats
All disclosed 1 1 0
Disclosed in part 0 15 0
Total 1 16 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 119 119 2
Disclosed in part 1974 1604 15
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 1 1 1 118 0 0 0 0 0 0
Disclosed in part 9 214 6 1390 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request Abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 10 215 7 1508 0 0 0 0 0 0
2.5.3 Other complexities
Disposition Consultation Required Assessment of Fees Legal Advice Sought Other Total
All disclosed 0 0 2 0 2
Disclosed in part 4 0 14 2 20
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request Abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 4 0 16 2 22

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
8 1 4 0 3
2.6.2 Number of days past deadline
Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 7 0 7
61 to 120 days 0 0 0
121 to 180 days 0 1 1
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 7 1 8
2.7 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3 - Extensions

3.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was Taken 9(1)(a) Interference With Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 0 0 3 1
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 3 1
3.2 Length of extensions
Length of Extensions 9(1)(a) Interference With Operations 9(1)(b) Consultation 9(1)(c) Third-Party Notice
Section 69 Other
30 days or less 0 0 2 0
31 to 60 days 0 0 1 1
61 to 120 days 0 0 0 0
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 0 0 3 1

Part 4 - Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of Requests Amount Number of Requests Amount
Application 17 $85 1 $5
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 17 $85 1 $5

Part 5 - Consultations Received From Other Institutions and Organizations

5.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 14   1 4
Outstanding from the previous reporting period 0 0 0 0
Total 14 0 1 4
Closed during the reporting period 14   1 4
Pending at the end of the reporting period 0 0 0 0
5.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 7 1 0 2 0 0 0 10
Disclose in part 2 0 0 1 0 0 0 3
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 1 0 0 0 0 0 0 1
Other 0 0 0 0 0 0 0 0
Total 10 1 0 3 0 0 0 14
5.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 1 0 0 0 0 0 0 1
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 1 0 0 0 0 0 0 1

Part 6 - Completion Time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services
Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0
6.2 Requests with Privy Council Office
Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Part 7 - Complaints and Investigations

Section 32 Section 35 Section 37 Total
0 0 0 0

Part 8 - Court Action

Section 41 Section 42 Section 44 Total
0 0 0 0

Part 9 - Resources Related to the Access to Information Act

9.1 Costs
Expenditures Amount
Salaries $80,085
Overtime $0
Goods and Services $8,162
Professional services contracts $7,762
Other $400
Total $88,247
9.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.95
Part-time and casual employees 0.05
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.10
Total 1.10

Note: Enter values to two decimal places.

Appendix B: October 2105 Delegation Order

Canadian Transportation Agency

Delegation Order

Access to Information Act, Access to Information Regulations, Privacy Act and Privacy Regulations

The Chairman and Chief Executive Officer of the Canadian Transportation Agency, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act , designates the person holding the positions set out in the attached Schedule, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Chairman and Chief Executive Officer as the head of the Canadian Transportation Agency, under the provisions of the Acts and related regulations set out in the Schedule opposite to each position. This designation replaces all previous delegation orders.

Scott Streiner

Chairman and Chief Executive Officer

Date: 2015-10-09

Section of the Access to Information Act Description Authority Delegated to
    General Counsel Director Secretariat & Registrar Services/ ATIP Coordinator ATIP Analyst Director IM /IT
4(2.1) Responsibility of head of institution
  • make every reasonable effort to assist the person in connection to the request, respond to the request accurately, completely and timely subject to the regulations
X X    
7(a) Notice where access requested
  • give written notice to the requester as to whether or not access to records or parts thereof will be given
X X X  
7(b)
  • give access to the record or part thereof
X X    
8(1) Transfer of request
  • transfer a request to another government institution with a greater interest
X X X  
9 Extension of time limits
  • extension of time limits and giving notices to requester and Information Commissioner
X X X  
11(2)(3)(4)(5)(6) Additional fees
  • assessing additional fees chargeable under the AIA and Section 7 of the regulations, notification to requester, waiving of fees
X X    
12(2)(b) Language of access
  • determining if it is in the public interest to translate records requested in a particular official language
X X    
12(3)(b) Access in an alternative format
  • determining if the giving of access in an alternative format to a person with a sensory disability is necessary and reasonable
X X    
  Invoking exemptions
  • determining whether or not to invoke the following exemptions to refuse access and exercising discretion where appropriate:
X X    
13 Information obtained in confidence X X    
14 Federal-provincial affairs X X    
15 International affairs and defence X X    
16 Law enforcement and investigations X X    
16.5 Public Servants Disclosure Protection Act X X    
17 Safety of individuals X X    
18 Economic interests of Canada X X    
18.1 Economic interest of certain government institutions X X    
19 Personal information X X    
20 Third party information X X    
21 Operations of government X X    
22 Testing procedures, tests and audits X X    
22.1 Internal audits X X    
23 Solicitor-client privilege X X    
24 Statutory prohibitions X X    
25 Severance
  • determining if exempt information can reasonably be severed from otherwise releasable information
X X    
26 Information to be published
  • determining whether to refuse to disclose information that will be published within 90 days of the request
X X    
27(1)(4) Third party notification
  • written notice to third parties of intent to disclose information that relates to them and extend time limits
X X X  
28(1)(2)(4) Third party notification - representations
  • review third party representations and decide whether or not to disclose records and give written notice of the decision to the third party and waive requirement to submit representations in writing
X X X  
29(1) Disclosure on recommendation of the Information Commissioner
  • written notification to the requester and third party(s) regarding the decision to disclose following a recommendation by the Information Commissioner
X X    
33 Advise Information Commissioner of third party involvement
  • advise the Information Commissioner of any third party that was notified under subsection 27(1), or would have been notified if the Agency had intended to disclose the record
X X X  
35(2)(b) Right to make representations
  • make representations to the Information Commissioner in the course of an investigation of a complaint
X X    
37(1) Notice to Information Commissioner of action taken or proposed
  • where appropriate, provide notice to the Commissioner of any action taken or proposed to be taken to implement recommendations, or reasons why no such action will be taken
X X    
37(4) Access to be given to complainant
  • where decision was made to provide access, provide access
X X    
43(1) Notice to third party (application to Federal Court for review)
  • upon being given notice of an application to Federal Court for review under section 41 or 42, give written notice of the application to third party(s)
X X    
44(2) Notice to applicant (application to Federal Court by third party)
  • give written notice of the application to requester
X X    
52(2)(3) Special rules for hearings
  • for an application under section 41 or 42 relating to refusal to disclose (or appeal) by reason of 13(1)(a) or (b) or 15 (international affairs or defence), the institution concerned can request that the application can be heard and determined in the National Capital Region, and can request to make representations ex parte
X X    
71(2) Exempted information severed from manuals
  • decision to refuse to disclose parts of manuals in accordance with exemption criteria
X X    
72 Annual Report
  • prepare and table Annual Report to Parliament including expenses within prescribed timelines
X X    
77 Responsibilities under Access to Information Regulations: X X    
6(1) Transfer of request
  • consent to process an access request transferred from another government institution within time limits set out in the AIA
X X X  
7(2) Search and preparation fees X X    
7(3) Production and programming fees X X    
8 Method of access X X    
8.1 Limitations in respect of format X X    

Appendix C: Previous Delegation Order

Canadian Transportation Agency

Delegation of Authority

Access to Information and Privacy and Data Protection

In accordance with section 73 of the Access to Information Act and the Privacy Act , I hereby order that the persons appointed to the positions identified in the attached Delegation Orders, including the persons authorized to act for the said persons in their absence, be authorized to exercise or perform any of the powers, duties or functions that are specified in the Delegation Orders.

Geoffrey C. Hare

Chairman and Chief Executive Officer

Date: June 15, 2009

Action Section of the Access to Information Act Authority Delegated to
General Counsel Access to Information and Privacy Coordinator
1. Notice where access requested
  • give written notice to the requester as to whether or not access to records or parts thereof will be given
7(a) (Not delegated)
2. Transfer to another institution
  • transfer a request to another government institution with a greater interest
8(1) X X
3. Extension of time limits
  • extension of time limits and giving notices to requester and Information Commissioner
9 X X
4. Additional fees
  • assessing additional fees chargeable under the AIA and Section 7 of the regulations, notification to requester, waiving of fees
11(2)(3)(4)(5)(6) X X
5. Language of access
  • determining if it is in the public interest to translate records requested in a particular official language
12(2) X X
6. Access in an alternative format
  • determining if the giving of access in an alternative format to a person with a sensory disability is necessary and reasonable
12(3) X X
7. Invoking exemptions
  • determining whether or not to invoke the following exemptions to refuse access and exercising discretion where appropriate:
  (Not delegated)
a) information obtained in confidence 13  
b) federal-provincial affairs 14
c) international affairs and defence 15
d) law enforcement and investigations 16
e) safety of individuals 17
f) economic interests of Canada 18
g) personal information 19
h) third party information 20
i) advice 21
j) testing procedures, tests and audits 22
k) solicitor-client privilege 23
l) statutory prohibitions 24
8. Severance
  • determining if exempt information can reasonably be severed from otherwise releasable information
25 (Not delegated)
9. Information to be published
  • determining whether to refuse to disclose information that will be published within 90 days of the request
26 (Not delegated)
10. Third party notification
  • written notice to third parties of intent to disclose information that relates to them and extend time limits
27(1)(4) X X
11. Third party notification - representations
  • review third party representations and decide whether or not to disclose records and give written notice of the decision to the third party and waive requirement to submit representations in writing
28(1)(2)(4) (Not delegated)
12. Disclosure on recommendation of the Information Commissioner
  • written notification to the requester and third party(s) regarding the decision to disclose following a recommendation by the Information Commissioner
29(1) (Not delegated)
13. Advise Information Commissioner of third party involvement
  • advise the Information Commissioner of any third party that was notified under subsection 27(1), or would have been notified if the Agency had intended to disclose the record
33 X X
14. Right to make representations
  • make representations to the Information Commissioner in the course of an investigation of a complaint
35(2) ATIP Coordinator, General Counsel, Counsel and program staff may provide information in the course of an investigation.
15. Notice to Information Commissioner of action taken or proposed
  • where appropriate, provide notice to the Commissioner of any action taken or proposed to be taken to implement recommendations, or reasons why no such action will be taken
37(1)(b) (Not delegated)
16. Access to be given to complainant
  • where decision was made to provide access, provide access
37(4) X X
17. Notice to third party (application to Federal Court for review)
  • upon being given notice of an application to Federal Court for review under section 41 or 42, give written notice of the application to third party(s)
43(1) X  
18.Notice to applicant (application to Federal Court by third party)
  • give written notice of the application to requester
44(2) X  
19. Special rules for hearings
  • for an application under section 41 or 42 relating to refusal to disclose (or appeal) by reason of 13(1)(a) or (b) or 15 (international affairs or defence), the institution concerned can request that the application can be heard and determined in the National Capital Region, and can request to make representations ex parte
52(2)(3) X  
20. Exempted information severed from manuals
  • decision to refuse to disclose parts of manuals in accordance with exemption criteria
71(2) (Not delegated)
21. Annual Report
  • submit Annual Report to Parliament
72(1) (Not delegated)
22. Responsibilities under sections 6 and 8 of the Access to Information Regulations: 77  
  • subsection 6(1): consent to process an access request transferred from another government institution within time limits set out in the AIA.
X X
  • subsection 8(1): determining that the requester's preference for copies is not practical pursuant to 8(1)(a)(b) and that records must be examined
X X
  • subsection 8(2): determining that the requester's preference for examining records is not practical pursuant to 8(2)(a)(b) and that copies will be provided
X X
  • subsection 8(3): provide reasonable facilities and time for examination and ensure fees have been paid
X X
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