3218-01553 — Health Canada

The complainant alleged that Health Canada failed to respond to an access request for information about implantable medical devices within the statutory time limits. Health Canada initially claimed a 90-day time extension under paragraphs 9(1)(a) and 9(1)(c) of the ATIA, but failed to respond by the extended due date, leading to a deemed refusal under subsection 10(3). The institution had consulted nine third parties, one of whom filed a judicial review application under section 44, which Health Canada argued prevented the release of any records. During the OIC's investigation, the third party withdrew its application. Health Canada then indicated that further consultations were needed due to intertwined information and the passage of time. The Information Commissioner found the complaint to be well founded and recommended that Health Canada provide a final response to the complainant by a specified date. The Minister of Health agreed to implement this recommendation.