5824-03837 — Health Canada

The complainant alleged that Health Canada failed to respond to an access request within the statutory time limits. The request sought records from specific dates related to parliamentary proceedings concerning the Public Health Agency of Canada and the National Microbiology Laboratory. Health Canada received the request and extended the response period by 210 days, but failed to respond by the extended deadline, leading to a deemed refusal under subsection 10(3) of the Act. The investigation revealed that Health Canada had completed processing the request but then put the response on hold, citing ongoing investigations into the National Microbiology Laboratory incident. The Information Commissioner found that the Act does not authorize an institution to 'pause' a response pending an investigation, emphasizing that concerns about sensitive information should be addressed through the timely application of exemptions. Although the Commissioner initially intended to order a response, Health Canada subsequently provided one, rendering the order unnecessary. The complaint was found to be well founded.