Observations reçues par le Groupe d'étude

Soumission complète

(Soumis en anglais seulement.)

Auteur : Louis Turpen, Greater Toronto Airports Authority
Envoyé : le 23 octobre, 2000

Re: Greater Toronto Airports Authority
Access to 1nformation Review Task Force

We understand that the Federal Government has established an Access to Information Review Task Force whose mandate is to review all the components of the Access to Information framework, including the Access to Information Act (the "Act") its regulations, policies and procedures.

In the context of such review, the Greater Toronto Airports Authority (the "GTAA") would like to draw your attention to "an anomaly in the current draft of the Act which, in our view, represents a potential threat to the safety and security policies and procedures in place at Canada's airports.

In 1994 Transport Canada adopted the National Airports Policy whereby Canada's federally owned airports would be transferred by way of 60-year Ground Leases to private, not-for-profit corporations referred to as Canadian Airport Authorities. Transport Canada transferred to the GTAA Toronto-Lester B. Pearson International Airport ("LBPIA") effective December 2, 1996. From that date, the GTAA became responsible for the management, operation and maintenance of LBPIA and Transport Canada's role changed from that of owner and operator of LBPIA to landlord and regulator. The process of the devolution of Canada's federally owned airports is largely complete with only a handful of airports remaining to be transferred.

It is important to recognize that Transport Canada transferred to the GT AA the responsibility for ensuring the safety and security of both the travelling public and the airport itself. The responsibilities for ensuring such security are derived both from regulations promulgated under the Aeronautics Act, but also pursuant to the GTAA's covenant under the Ground Lease with Transport Canada that the GTAA must ensure the security and protection of the Airport as a prudent owner would.

The GTAA has become alarmed by the realization that certain information provided by the GTAA to Transport Canada, during the course of safety and security audits of the GTAA by Transport Canada, in its role both as regulator and as landlord, have become the subject of an Access to Information request. Indeed, the GTAA has filed an application to the Federal Court pursuant to Section 44 of the Act in order to prevent the disclosure of sensitive safety and security information to an unknown third party.
The central issue, in our view, is that the grounds upon which the head of a government institution shall refuse to disclose third party information under Section 20(1)(a)-(d) of the Act are insufficient to prevent the disclosure by Transport Canada of sensitive information concerning the safety and security of LBPIA provided by the GTAA to Transport Canada.

When Transport Canada operated the airports in Canada it could legitimately refuse disclosure of certain information concerning the safety and security of the airport in accordance with Sections 16(2) and 17 of the Act. As you know; Section 16(2) provides:

"The head of a government institution may refuse to disclosure any record requested under this Act that contains information that could reasonably be expected to facilitate the commission of an offence, including, without restricting the generality of the foregoing, any such information

(a) on criminal methods or techniques;
(b) that is technical information relating to weapons or potential weapons; or
(c) on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems."

Section 17 provides that:

"The head of a government institution may refuse to disclose any record requested under this Act that contains information the disclosure of which could reasonably be expected to threaten the safety of individuals"

As Transport Canada no longer operates airports in Canada, and as Transport Canada is no longer responsible for the implementation of security procedures and policies at Canadian airports, Transport Canada may not be in a position to validly determine whether Sections 16(2) or 17 of the Act are applicable in respect of a given set of requested information. It is only the airport operator who is able to make this determination. .

Therefore we would request that Section 20(1) be expanded to include the grounds described in Sections 16(2) and 17 of the Act. We recognize that Sections 16(2) and 17 are discretionary in that a head of government "may" refuse to disclose the information on the basis of the grounds listed in the sections. Section 20(1) is a mandatory provision in that the head of government "shall" not disclose 'the information described' in the section. We would suggest, however, that this change is entirely appropriate in light of the objective of protecting the security of the travelling public.

It should be noted that the GTAA understands the obligations of both the Federal Government and the airport authority itself to be open and transparent. Indeed, the GTAA is a1ready bound to a series of "Public Accountability Principles" established by Transport Canada that seek to ensure this objective.

In our view, however, the GTAA must be able to avail itself of the same protections against the disclosure of sensitive security-related information that Transport Canada was entitled to when it operated Canada's airports.

I trust that this will assist you in your review of the Access to Information framework and the GTAA would be pleased to provide you with any assistance you may require during this process.

We would be pleased to discuss this further at your earliest convenience,

Yours very truly,

Louis A. Turpen
President and Chief Executive Officer

Observations reçues par le Groupe d'étude