Health Canada (Re), 2022 OIC 52
The complainant alleged that Health Canada improperly withheld information from a non-clinical overview of the Novavax COVID-19 vaccine, citing exemptions for confidential third-party financial, commercial, scientific or technical information (paragraph 20(1)(b)). The Information Commissioner of Canada (OIC) found that the information met the criteria for exemption under paragraph 20(1)(b) at the time the request was processed. The OIC also concluded that the conditions under which Health Canada would be required to exercise discretion to release the information (subsections 20(5) and 20(6)) were not met. Therefore, the complaint was found not to be well founded.
- Whether the withheld information qualifies as confidential third-party financial, commercial, scientific or technical information under paragraph 20(1)(b) of the Access to Information Act.
- Whether the conditions for exercising discretion to release information under subsections 20(5) and 20(6) of the Access to Information Act were met.
Complaint not well founded
The OIC determined that the information withheld by Health Canada met the requirements for exemption under paragraph 20(1)(b) of the Access to Information Act. Furthermore, the OIC found that the circumstances requiring Health Canada to exercise discretion for release of the information, as outlined in subsections 20(5) and 20(6), did not exist at the time of the request.
AI-generated summary for reference only. Always verify against the official decision ↗
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.30(1)(a) ATIA
- s.20(5) ATIA
- s.20(6) ATIA
This decision is informational only and does not constitute legal advice.