BreachOfPrivacy
Office of the Information Commissioner of CanadaAccess to Information Act3218-01553Well-founded
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3218-01553 — Health Canada

Organization: Health Canada
Decision: May 19, 2021Published: May 19, 2021

The complainant requested information from Health Canada regarding problems with implantable medical devices. Health Canada failed to respond within the extended time limit and was deemed to have refused access. The institution faced delays due to third-party objections and a judicial review application, which was later withdrawn. The Information Commissioner recommended that Health Canada provide a final response to the complainant by May 26, 2021, and the Minister agreed to implement this recommendation.

  • Failure to respond within statutory time limits
  • Deemed refusal of access
  • Impact of third-party objections and judicial review on processing
  • Timeliness of final response

Complaint well founded — Health Canada ordered to provide a final response by May 26, 2021

Health Canada failed to provide a response within the statutory time limits, including the extended period. The institution was therefore deemed to have refused access to the requested records.

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Recommended action / remedy

Health Canada was recommended to provide a final response to the complainant by May 26, 2021.

Statutory provisions cited
  • s.9 ATIA
  • s.10(3) ATIA
  • s.27 ATIA
  • s.28 ATIA
  • s.35(2)(b) ATIA
  • s.44 ATIA

This is an informational summary only and does not constitute legal advice.