5822-01137 — Health Canada
The complainant alleged that Health Canada improperly withheld dates related to an Abbreviated New Drug Submission (ANDS) under exemptions for confidential third-party commercial information (paragraph 20(1)(b)) and potential financial impact on a third party (paragraph 20(1)(c)). The Information Commissioner found that the dates did not meet the criteria for either exemption, as they were considered administrative details rather than commercial information and the expectation of financial harm was too speculative. The Commissioner ordered Health Canada to disclose the dates.
- Whether the dates of correspondence are confidential third-party financial, commercial, scientific or technical information under paragraph 20(1)(b) of the ATIA.
- Whether disclosure of the dates could reasonably be expected to have a material financial impact on a third party or harm its competitive position under paragraph 20(1)(c) of the ATIA.
- The interpretation of 'commercial information' in light of Supreme Court of Canada jurisprudence.
- The requirement for a reasonable expectation of probable harm to justify withholding information under paragraph 20(1)(c).
Complaint well founded — disclosure ordered
The Commissioner found that the dates withheld were administrative details and did not constitute commercial information under paragraph 20(1)(b). Furthermore, the expectation of financial or competitive harm to the third party from disclosing these dates was found to be speculative and not meeting the threshold required by paragraph 20(1)(c).
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The Minister of Health was ordered to disclose the dates within the records.
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
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