Pearson Accountability Alliance

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

Final reports of the Information Commissioner of Canada concerning Transport Canada Access Requests A-2025-00178 and A-2025-00179
Institution: Transport Canada
Final report 1: March 24, 2026 — A-2025-00178 / OIC 5825-03707
Final report 2: April 16, 2026 — A-2025-00179 / OIC 5825-03708

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

In both reports, the Commissioner concluded that Transport Canada failed to respond within the 30-day period required by the Access to Information Act and was therefore deemed to have refused access to the requested records. The reports identify serious delays within Transport Canada’s Ontario Region and describe the delay in unusually direct terms as “irresponsible and unacceptable.”

These reports form part of the public administrative record concerning transparency, oversight, 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 makes clear in this report that compliance with the Access to Information Act is not the responsibility of ATIP staff alone, but a departmental and collective responsibility extending across the institution.

The report therefore has significance beyond a 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

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.

Summary of the orders and recommendations

Orders

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

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 request sought records concerning the Greater Toronto Airports Authority and related government interactions, including complaints or inquiries regarding noise and health, communications about changes to flight paths, flight hours and curfews, issues relating to passenger-based formulas and approval processes, and redesign or expansion of airspace or operational zones around Pearson.

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, 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.