5823-04936 — Health Canada
The complainant alleged that Health Canada improperly withheld information under paragraph 20(1)(b) of the Access to Information Act and failed to conduct a reasonable search for records. The request sought documents related to stakeholder consultations on amendments to the Food and Drug Regulations concerning COVID-19 drugs. The OIC found that neither Health Canada nor the third parties established that the names of the third parties met the requirements of paragraph 20(1)(b), specifically regarding whether the information was financial, commercial, scientific, or technical, and whether it was confidential. The OIC also concluded that Health Canada did not conduct a reasonable search, noting issues with search parameters, lack of documentation, and failure to locate expected records. Consequently, the Information Commissioner ordered Health Canada to disclose the names of the third parties and conduct a new, comprehensive search for records. Health Canada agreed to comply with the order.
- 1Whether the names of third parties constitute financial, commercial, scientific or technical information under s.20(1)(b) ATIA
- 2Whether the names of third parties were confidential under s.20(1)(b) ATIA
- 3Whether the information was supplied by a third party under s.20(1)(b) ATIA
- 4Whether the third parties consistently treated the information as confidential under s.20(1)(b) ATIA
- 5Whether Health Canada conducted a reasonable search for records
- s.20(1)(b) third party info: Exemption not upheld
- Adequacy of search: Search found unreasonable
- Disclosure of records: Names of third parties ordered disclosed
- Search for records: New comprehensive search ordered
- Compliance with order: Institution agreed to comply
Complaint well founded — disclosure and new search ordered
The Commissioner found that Health Canada and the third parties failed to demonstrate that the withheld names met all the criteria for exemption under paragraph 20(1)(b), particularly regarding the nature and confidentiality of the information. Additionally, Health Canada could not establish that its initial search for records was reasonable, citing inadequate search parameters, lack of documentation, and failure to locate expected records.
The Minister of Health is ordered to disclose the names of all third parties that appear in the list of webinar participants and to carry out a new search for all related records, including those created after the consultation period, providing access to any additional responsive records or justifying any further withholdings.
- s.20(1)(b) ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.36.3 ATIA
- s.37(2) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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