5823-04936 — Health Canada
The complainant alleged that Health Canada improperly withheld third-party information and failed to conduct a reasonable search. The request was for documents related to stakeholder consultations on drug regulations. The Information Commissioner found that Health Canada did not meet the requirements to exempt the third-party names under paragraph 20(1)(b) of the Access to Information Act, nor did it conduct a reasonable search. The Commissioner ordered Health Canada to disclose the third-party names and perform a new search.
- Exemption of third-party names under paragraph 20(1)(b)
- Reasonableness of the search conducted by the institution
- Definition of 'financial, commercial, scientific or technical information'
- Objective confidentiality of information
Complaint well founded — disclosure ordered
The Commissioner found that Health Canada failed to demonstrate that the third-party names met the criteria for exemption under paragraph 20(1)(b) of the Access to Information Act, specifically regarding confidentiality and the nature of the information. Additionally, the Commissioner concluded that Health Canada's search for responsive records was not reasonable, as it did not cover an adequate date range and failed to locate expected records.
AI-generated summary for reference only. Always verify against the official decision ↗
Health Canada was ordered to disclose the names of all third parties, conduct a new search for responsive records, and provide access to any additional records found.
- s.19 ATIA
- s.20(1)(b) ATIA
- s.30(1)(a) ATIA
- s.36.3 ATIA
- s.37(2) ATIA
This is an informational summary and not legal advice.