Federal (Canada)Access to Information ActWell-founded

Health Canada (Re), 2026 OIC 15

Organization: Health CanadaComplainant: Anonymous applicant
Plain-language brief

The complainant alleged that Health Canada improperly withheld information under paragraphs 20(1)(b) and 20(1)(c) of the Access to Information Act, related to submissions for using Anafranil / Altius Clomipramine in the treatment of obsessive-compulsive disorder. During the investigation, the complainant narrowed the scope of the complaint to specific pages and no longer pursued the personal information exemption. Both Health Canada and the third party, AA Pharma Inc., declined to provide detailed representations to support the exemptions, stating that due to the passage of time, the exemptions no longer applied. The Information Commissioner found that the institution and third party failed to demonstrate that the exemptions were still applicable. Consequently, the Commissioner ordered Health Canada to disclose the information. Health Canada notified the Commissioner of its intent to comply with the order.

Key issues
  1. 1Whether the information met the requirements of s.20(1)(a) ATIA (third-party trade secrets)
  2. 2Whether the information met the requirements of s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information)
  3. 3Whether the information met the requirements of s.20(1)(c) ATIA (financial impact on a third party)
Outcome breakdownFavours: Applicant / complainant
  • s.20(1)(b) third-party info: Exemption not upheld
  • s.20(1)(c) third-party info: Exemption not upheld
  • Disclosure of records: Records ordered disclosed
Outcome

Complaint well founded — disclosure ordered

Reasoning

Health Canada and the third party, AA Pharma Inc., failed to provide sufficient representations to justify the application of the exemptions under paragraphs 20(1)(a), 20(1)(b), and 20(1)(c), particularly acknowledging that the passage of time rendered the exemptions no longer applicable.

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Decision notes
Recommended action / remedy

The Minister of Health is ordered to fully disclose pages 13-26, apart from any personal information contained therein.

Statutes considered
  • s.20(1)(b) ATIA
  • s.20(1)(c) ATIA
  • s.30(1)(a) ATIA
  • s.35(2)(c) ATIA
  • s.37(2) ATIA
  • s.43 ATIA

This summary is for informational purposes only and does not constitute legal advice.

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