Policy on Privacy and the Release of Records

I. Why This Policy is Important

The Transportation Appeal Tribunal of Canada (Tribunal) is bound by the open court principle, which allows public access to decisions rendered by administrative bodies. However, parties that come before the Tribunal may have concerns about confidential medical or business information being disclosed to the public. It is for this reason that the Tribunal has created its Policy on Privacy and the Release of Records, which attempts to strike a balance between an individual's privacy concerns and the open court principle to which the Tribunal is bound.

II. Posting Tribunal Decisions Online

The Tribunal holds hearings that are open to the public. Generally, the Tribunal publishes its decisions and reasons for the decisions on its website, which identify the names of parties, their witnesses, and information that is relevant to the determination of the case before the Tribunal.

An exception is made for medical cases before the Tribunal, which will not be posted on the Tribunal's website.

III. Private Hearings

The Tribunal may depart from its usual practice, and may hold all or any part of a hearing in private if it is of the opinion that medical information, security information, or confidential business information may be disclosed. For more information on requirements to obtain a private hearing before the Tribunal, see subsection 15(4) of the Transportation Appeal Tribunal of Canada Act.

IV. Access to Tribunal Files

The Access to Information Act and the Privacy Act do not apply to the Tribunal. Nonetheless, the Tribunal's files are accessible to parties and the public upon request to the Tribunal.

However, upon receiving a request that extends to accessing the arguments and/or exhibits filed at a hearing, the Tribunal will attempt to contact the parties involved in the hearing and allow them to demonstrate why any of the requested information should not be disclosed. If the Tribunal receives an objection of disclosure from a party and agrees that the requested information is private in nature, it may choose not to disclose this information. Any exhibits that have already been determined to contain confidential information are not accessible to the public.

Please note that the name of the requestor will not be provided to the parties when notifying them of the record request.