
5822-06592 — Health Canada
The complainant alleged that Health Canada failed to respond to an access request within the 30-day statutory period, as required by section 7 of the Access to Information Act. The request sought internal and external records related to a Regulatory Impact Analysis Statement for the Regulations Amending the Tobacco Products Regulations. Health Canada acknowledged that it had not responded by the deadline and was deemed to have refused access under subsection 10(3). The institution identified 20,250 pages of responsive records and indicated that extensive consultations with its Legal Services Unit, 10 other government departments, and 25-30 third parties would be required. Health Canada proposed a response date of July 17, 2030, citing the volume and complexity of records, and workload. The Commissioner found this proposed timeline unreasonable given the significant delay already incurred and the complainant's denied access rights. The Commissioner ordered Health Canada to provide a complete response by April 7, 2026, which the institution agreed to implement.
- 1Whether Health Canada responded to the access request within the 30-day period set out in section 7 of the Access to Information Act
- 2Whether Health Canada's proposed response date of July 17, 2030, was reasonable
- Timeliness / deemed refusal: Deemed refusal acknowledged
- Extension of time: Proposed extension found unreasonable
- Response deadline: New response deadline ordered
Complaint well founded — disclosure ordered
Health Canada failed to respond to the access request within the statutory 30-day period, leading to a deemed refusal. The proposed response date of July 17, 2030, was deemed unreasonable by the Commissioner, despite the volume and complexity of records and the need for consultations, due to the significant time already passed and the complainant's denied access rights.
The Minister of Health is ordered to provide a complete response to the access request no later than April 7, 2026.
- s.7 ATIA
- s.10(3) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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