Pearson Accountability Alliance

Transport Canada and Health Canada Found in Violation of Access to Information Act — Commissioner Issues Orders

Final reports of the Information Commissioner of Canada concerning Pearson-related access requests submitted to Transport Canada and Health Canada
Institutions: Transport Canada and Health Canada
Final report 1: March 24, 2026 — Transport Canada A-2025-00178 / OIC 5825-03707
Final report 2: April 16, 2026 — Transport Canada A-2025-00179 / OIC 5825-03708
Final report 3: June 3, 2026 — Health Canada A-2025-000298 / OIC 5825-03705

The Office of the Information Commissioner of Canada has now issued three final reports concerning Pearson Accountability Alliance complaints about federal institutions’ handling of Access to Information requests relating to Toronto Pearson Airport.

In all three reports, the Commissioner concluded that the institution failed to respond within the statutory period required by the Access to Information Act and was therefore deemed to have refused access to the requested records. Two reports concern Transport Canada and one concerns Health Canada. Formal orders were issued requiring complete responses.

The Transport Canada reports identify serious delays within Ontario Region and describe the delay as “irresponsible and unacceptable.” The Health Canada report identifies 17,187 pages of potentially responsive records, states that review had still not begun approximately nine months after the records reached the ATIP office, and describes that delay as “unacceptable.”

These three reports form part of the public administrative record concerning federal transparency, public-health oversight, record management, and decision-making related to Toronto Pearson International Airport.

Key findings

What the Commissioner found in A-2025-00178

  • Transport Canada received the request on May 20, 2025 and did not respond within the 30-day statutory period.
  • Because no valid extension was taken under section 9 and the request was not transferred, the legal deadline remained June 19, 2025.
  • Transport Canada is therefore deemed to have refused access under subsection 10(3) of the Act.
  • The main Office of Primary Interest, Ontario Region, had still not provided the records needed to complete processing of the request.
  • That office estimated that approximately 10,000 pages of responsive records exist, in both paper and electronic form.
  • The delay in retrieving and sending the records was described by the Commissioner as “irresponsible and unacceptable.”
  • The report states that the December 29, 2025 fire should not have affected the processing of the request because the records should have been gathered months earlier.
  • The report also notes that electronic records unaffected by the fire were not being processed while access to paper records remained unavailable.
  • The Commissioner ordered the Minister of Transport to provide a complete response no later than 120 business days following the date of the final report.
  • Transport Canada advised the Commissioner that it would not be implementing the order in full, while stating only that it would provide an interim response within 120 days.
“I find the delay taken by Ontario Region to search, gather and send all relevant records to the ATIP office in a judicious manner irresponsible and unacceptable.”

Why this matters

Access to information is one of the few tools available to the public to understand how federal decisions are made, what internal knowledge exists, and how oversight is exercised. That is especially important in matters involving airport operations, community exposure to aircraft noise, public health concerns, changing flight paths, airspace redesign, and federal interactions with the Greater Toronto Airports Authority.

When records are delayed for months, when responsible offices fail to retrieve and process responsive material, and when the legal right of access is effectively denied, public accountability is weakened. The Commissioner’s reports make clear that compliance with the Access to Information Act is not the responsibility of ATIP staff alone, but a departmental and collective responsibility extending across each institution.

The three reports therefore have significance beyond any single request. It raises broader concerns about record management, responsiveness, transparency, and the functioning of federal oversight in matters affecting communities surrounding Toronto Pearson Airport.

Documents

Information Commissioner’s Final Report

Transport Canada — Access Request A-2025-00178

OIC File 5825-03707

Direct PDF link: OIC-Report-Transport-Canada-ATI-Violation-March-24-2026.pdf

Information Commissioner’s Final Report

Transport Canada — Access Request A-2025-00179

OIC File 5825-03708

Direct PDF link: OIC-Report-Transport-Canada-ATI-Violation-April-16-2026.pdf

Information Commissioner’s Final Report

Health Canada — Access Request A-2025-000298

OIC File 5825-03705

Direct PDF link: Health-Canada-OIC-5825-03705-Signed-FR.pdf

Second Final Report — April 16, 2026

This second ruling confirms that the March 24 findings were not isolated.

Access Request A-2025-00179 / OIC File 5825-03708

On April 16, 2026, the Commissioner issued a second final report concerning another Pearson-related Transport Canada request. This request sought records and information relating to Toronto Pearson International Airport, specifically aircraft movements.

  • Transport Canada received the request on June 4, 2025.
  • The statutory response deadline was July 4, 2025.
  • Transport Canada did not respond by that deadline.
  • The complaint was found to be well founded.
  • Transport Canada was deemed to have refused access under subsection 10(3) of the Access to Information Act.
  • The Commissioner again described the delay by Ontario Region as “irresponsible and unacceptable.”
  • The Commissioner ordered the Minister of Transport to provide a complete response no later than 60 business days following the date of the final report.
  • Transport Canada advised the Commissioner that it would implement the order.
Taken together, the March 24 and April 16 final reports show a repeated pattern: two separate Pearson-related access requests, two well-founded complaints, two formal Commissioner orders, and the same core concern about Transport Canada’s failure to retrieve and process records in a timely manner.

Third Final Report — June 3, 2026

The third ruling extends the documented pattern beyond Transport Canada to Health Canada.

Access Request A-2025-000298 / OIC File 5825-03705

On June 3, 2026, the Information Commissioner issued a final report concerning Health Canada’s handling of a Pearson-related access request for records from specified dates relating to the Greater Toronto Airports Authority or Toronto Pearson International Airport.

  • Health Canada received the access request on June 6, 2025.
  • Health Canada neither transferred the request nor validly extended the statutory response period.
  • Health Canada failed to respond within the required 30-day period.
  • The complaint was found to be well founded.
  • Health Canada was deemed to have refused access under subsection 10(3) of the Access to Information Act.
  • Health Canada’s Healthy Environments and Consumer Safety Branch provided 17,187 pages of potentially responsive records to the ATIP office on July 10, 2025.
  • As of April 13, 2026, the review of those records had not begun.
  • The Commissioner described the nine-month delay in beginning the review as “unacceptable.”
  • Health Canada indicated that it planned to respond by March 2028.
  • The Commissioner found the proposed March 2028 completion date and the time proposed for final approval unreasonable.
  • The Commissioner ordered the Minister of Health to provide a complete response no later than September 6, 2027.
  • Health Canada advised the Commissioner that it would implement the order and prioritize processing of the request.
“I find the nine-month delay in beginning the review of the records unacceptable.”
Three separate Pearson-related access requests have now resulted in well-founded complaints and formal orders: two involving Transport Canada and one involving Health Canada.

Summary of the orders and recommendations

Orders

For Transport Canada request A-2025-00178, the Commissioner ordered the Minister of Transport to provide a complete response no later than 120 business days following the March 24, 2026 final report.

For Transport Canada request A-2025-00179, the Commissioner ordered the Minister of Transport to provide a complete response no later than 60 business days following the April 16, 2026 final report.

For Health Canada request A-2025-000298, the Commissioner ordered the Minister of Health to provide a complete response no later than September 6, 2027.

Recommendations

The Commissioner also recommends that the Minister of Transport:

  • ensure employees receive training and support on information management responsibilities and procedures;
  • develop processes and procedures to ensure Offices of Primary Interest provide records to the ATIP unit in a timely manner; and
  • develop performance indicators to hold officials accountable for delays in responding to the ATIP unit.

Context

The underlying requests sought records concerning the Greater Toronto Airports Authority, Toronto Pearson International Airport, and related federal interactions, including complaints or inquiries regarding noise and health, communications about changes to flight paths, flight hours and curfews, passenger-based formulas and approval processes, airspace redesign, operational zones, and Health Canada’s consideration of airport-related public-health impacts.

The Commissioner rejected the allegation that Transport Canada improperly handled the request before opening the file, finding that it was not unreasonable for the institution initially to seek clarification and to believe the requester might have been seeking GTAA’s own records. However, the complaint was found to be well founded because Transport Canada failed to meet the statutory deadline and did not provide a lawful response within the required time.

Related Records

Access to Information & Oversight Record
Chronological record of federal ATI requests, investigations, and oversight actions.

Evidence Hub
Public evidence archive relating to noise, night flights, operations, health, and accountability.

Pearson Accountability Alliance is maintaining this page as part of the public administrative record regarding federal transparency, public-health oversight, access-to-information compliance, and accountability in matters relating to Toronto Pearson International Airport.

Pearson Accountability Alliance

Independent Environmental & Public Health Research for Toronto Pearson Communities.