5824-03837 — Health Canada
The complainant alleged that Health Canada failed to respond to an access request within the statutory time limit. The request concerned documents related to the Public Health Agency of Canada and the National Microbiology Laboratory. Although Health Canada completed processing and consultations, it placed the response on hold pending ongoing investigations. The Information Commissioner found this delay unjustifiable under the Access to Information Act, as concerns about sensitive information should be addressed through exemptions, not by pausing the response. Health Canada subsequently provided a response, making a formal order unnecessary.
- Failure to respond within statutory time limits
- Justification for placing an access request on hold
- Timely access to information
- Application of exemptions versus delaying disclosure
Complaint well founded
Health Canada improperly delayed responding to the access request by placing it on hold pending the outcome of ongoing investigations, which is not authorized by the Access to Information Act. Timely disclosure, using exemptions if necessary, is the correct procedure.
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Health Canada was notified that an order would be issued for a complete response within 36 business days, but this was rendered unnecessary as Health Canada provided a response before the order could be issued.
- s.7 ATIA
- s.10(3) ATIA
- s.30(1)(a) ATIA
- s.9 ATIA
- s.4(2.1) ATIA
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