In a December 8, 2024, news release, Diane McLeod, Alberta’s Information and Privacy Commissioner, issued a reminder about the importance of transparency in government operations: “Citizens should be able to feel confident that governments will design systems and processes for day-to-day operations that promote transparency of government records.” Caroline Maynard, Information Commissioner of Canada, echoed these sentiments, emphasizing that transparency is fundamental to democratic trust and civic engagement: “By embedding transparency into the very fabric of our public institutions, we not only build trust between Canadians and their governments but also empower citizens to actively participate in the decision-making processes that shape our society. This resolution is a significant step toward ensuring that our public bodies operate with the openness and accountability that Canadians rightfully expect.”

These principles are more than abstract ideals. They should be central to the actions of public institutions, including Alberta Transportation Compliance and Oversight. However, the department’s handling of the Federal Electronic Logging Device (ELD) mandate raises serious questions about its commitment to transparency.

The ELD Mandate Information Hoarding

Alberta Transportation Compliance and Oversight adopted the Federal ELD mandate on June 12, 2021, with enforcement beginning January 1, 2023. This provided an 18.5-month window between adoption and enforcement—ample time to prepare the industry. Yet, during this period, the department failed to provide critical guidance to commercial carriers, specifically safety officers who are required to monitor and verify driver records.

There has been no interpretation guide for the ELD mandate, no policy for required ELD driver monitoring, no educational materials for industry stakeholders, and no transparency regarding violations observed during reviews yet, Alberta Transportation Compliance and Oversight can sure write administrative penalties for these infractions. It is immoral and dishonest to hoard information and then subsequently write tickets because the information was not known.  This vacuum of information is particularly egregious given the significant operational changes ELDs already impose on federally regulated commercial carriers.

Instead of fostering compliance through education, Alberta Transportation Compliance and Oversight has focused on enforcement, writing administrative penalties for infractions rooted in ignorance. This approach mirrors the “cash cow” criticisms once levied at the province’s problematic photo radar system, which was ultimately dismantled for being unfair. The question is: How is this any different? When Alberta Transportation Compliance and Oversight adopts a new regulation, it has an obligation to educate stakeholders, not penalize them for a lack of knowledge.

Transparency: A Pillar of Public Trust

The issue at hand underscores why transparency must be a cornerstone of public administration. Government information belongs to the public, and withholding it undermines the relationship between institutions and citizens. Diane McLeod and Caroline Maynard’s calls for embedding transparency in daily operations are especially relevant here.

To that end, Canada’s Information Commissioners and Ombuds have recommended eight key principles for transparency in public institutions:

1. Ensure accessibility: Public institutions must maintain proper records and make them accessible to serve the public interest.
2. Default to openness: Transparency should be the default, with exemptions applied sparingly and specifically.
3. Design for transparency: Systems and processes should prioritize making critical information easily accessible, separating sensitive data for clarity.
4. Integrate transparency: Embed openness into daily operations, ensuring information is captured and proactively shared.
5. Diversify formats: Information should be accessible in both digital and non-digital formats to meet diverse public needs.
6. Meet deadlines: Institutions must adhere to access request deadlines and proactively share key operational details.
7. Limit confidentiality: Confidentiality clauses should only be used when legally necessary, avoiding unwarranted secrecy.
8. Train staff: Public servants should receive proper training on records retention and transparency responsibilities.

These principles are essential for fostering a culture of accountability and openness in all levels of government.

The Path Forward for Alberta Transportation Compliance and Oversight

To rebuild trust, Alberta Transportation Compliance and Oversight must shift its focus from enforcement to education. Developing and distributing an ELD interpretation guide, creating clear policies, and providing comprehensive educational resources are urgent priorities. Transparency should no longer be treated as a peripheral concern but as a fundamental aspect of governance.

Furthermore, the department must address systemic issues such as the broken Carrier Profile system and the horrendous TPA program. These tools should serve to enhance safety and compliance, not create additional barriers for measuring accurate commercial carrier safety performance. 

Conclusion

Information hoarding by Alberta Transportation Compliance and Oversight runs counter to the democratic principles of openness and accountability. As Information Commissioners McLeod and Maynard highlight, transparency is the foundation of public trust and meaningful civic participation. It is time for Alberta’s transportation authorities to embrace these values fully, ensuring that their systems and policies reflect a genuine commitment to serving the public interest. Governance rooted in openness and education is not only fairer but also more effective.