Chapter 17 - Miscellaneous
- 17.1 Communication with the Media
- 17.2 Access to Information
- 17.3 Personal Information
- 17.4 Corporate Information
- 17.5 Public Release - Enforcement Action
- 17.6 RCMP / Other Police / Foreign Agency Investigation Report
- 17.7 Third-party Interest
- 17.8 Matters Before the Courts or TATC
- 17.9 Criticism of the Department
In instances where communication with the public and news media arise, inspectors shall refer to the current Departmental policy.
The Access to Information Act provides any Canadian citizen or permanent resident of Canada the right to examine or obtain copies of records of any federal government institution except in limited and specific circumstances. Wherever practical, Aviation Enforcement shall freely provide any information that is not of a sensitive nature (informal process), thus minimizing the need for the public to rely on the rights and remedies provided by the legislation (formal process). Headquarters and Regional Access to Information and Privacy (ATIP) coordinators are responsible for performing advisory and control functions in support of the ATIP program and shall be consulted for guidance.
Personal information is protected under the Privacy Act and may only be released with the written consent of the individual to whom the information relates. However, paragraph 8(2)(e) of the Privacy Act states that personal information may be disclosed “to an investigative body specified in the regulations, on written request of the body, for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation, if the request specifies the purpose and describes the information to be disclosed”. For this reason, the ATIP coordinators should be consulted before the release of personal information.
Requests for personal information from other agencies shall conform to the provisions of the Privacy Act and the Access to Information Act.
The names of corporate offenders, along with a summary of the offence and resulting sanctions, are published on the Transport Canada Web site on a monthly basis. The names will be published in accordance with the following criteria:
- after payment of a monetary penalty;
- acceptance of suspension of a document; or
- final determination of the TATC or a court only after all appeals have been exhausted.
This information will be available on the Web site for 12 months. The CAE is responsible for the publication of this data.
Court trials and TATC reviews are a matter of public record. A court decision or TATC determination may be used for compliance publicity purposes where it would be in the interest of aviation safety and in the public interest to do so.
Information about administrative sanctions taken against a licence holder and accepted without recourse to the TATC must not be the subject of a press release unless the value of releasing this information is clearly in the public interest. In such cases, the approval of the Director, Regulatory Services, should be obtained prior to involving the ATIP coordinator's office.
Information contained in the RCMP, other police and foreign agencies' investigation reports sent to a Transport Canada Aviation Enforcement office shall not be released without the approval of the referring authorities.
Requests from purchasers of aircraft, parties repossessing aircraft, trustees in bankruptcy, etc., to obtain aircraft journey and technical logbooks or other CADs should be referred to the ATIP co ordinator.
Facts and opinions on matters before the courts or the TATC shall not be discussed with the public until the conclusion of the case. The responsible manager may discuss a concluded case with the public, subject to section 17.1 of this Manual. Communication with the media is subject to current Departmental policy.
When the Department of Transport comes under criticism during the course of an inspector's duties, the inspector should calmly acknowledge the comments and pass them along to his or her supervisor.