Health Canada (Re), 2026 OIC 36
The complainant alleged that Health Canada improperly withheld information related to a COVID-19 Vaccine Periodic Safety Update Report under sections 13(1), 19(1), 20(1)(b), and 20(1)(c) of the Access to Information Act. The Information Commissioner found that Health Canada correctly applied section 13(1) and 19(1) to some information, but failed to reasonably exercise its discretion under section 13(2) for publicly available information. The Commissioner also found that Health Canada and the third party (Pfizer) did not establish that sections 20(1)(b) or 20(1)(c) applied. Consequently, the Commissioner ordered Health Canada to disclose information not covered by sections 13(1) or 19(1), and to re-evaluate the disclosure of section 13(1) information that is publicly available. Health Canada agreed to comply with the order.
- 1Whether s.13(1) ATIA applied to information obtained from the European Medical Agency (EMA)
- 2Whether Health Canada reasonably exercised its discretion under s.13(2) ATIA regarding publicly available information
- 3Whether s.19(1) ATIA applied to personal information that could identify individuals
- 4Whether Health Canada reasonably exercised its discretion under s.19(2) ATIA
- 5Whether s.20(1)(b) ATIA applied to confidential third-party financial, commercial, scientific or technical information
- 6Whether s.20(1)(c) ATIA applied to information that could cause financial impact or harm competitive position to a third party
- s.13(1) federal-provincial affairs: Exemption upheld for some information
- s.13(2) discretion: Discretion not reasonably exercised
- s.19(1) personal information: Exemption upheld for some information
- s.20(1)(b) confidential third-party: Exemption not established
- s.20(1)(c) financial information: Exemption not established
- Disclosure of records: Disclosure ordered for some information
- Compliance with order: Institution agreed to comply
Complaint well founded — disclosure ordered
Health Canada failed to establish the applicability of sections 20(1)(b) and 20(1)(c), and did not reasonably exercise its discretion under section 13(2) for publicly available information, despite correctly applying sections 13(1) and 19(1) to other parts of the record.
The Minister of Health is ordered to disclose the information in full, except where properly withheld under subsection 13(1) or subsection 19(1), and to re-exercise discretion under paragraph 13(2)(b) for information made public by the EMA.
- s.13(1) ATIA
- s.13(2) ATIA
- s.19(1) ATIA
- s.19(2) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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