Canadian privacy & access decisions

The complainant alleged that Health Canada improperly withheld information under paragraphs 20(1)(b) and 20(1)(c) of the Access to Information Act. The request sought records related to an Abbreviated New Drug Submission (ANDS) for the medicinal ingredient "tacrolimus." Specifically, the complaint focused on the dates of correspondence between a third party and Health Canada, which were withheld concurrently under both exemptions. The Commissioner found that the dates did not constitute "commercial" information as required by paragraph 20(1)(b), citing Supreme Court jurisprudence that administrative details like dates are not typically commercial. Regarding paragraph 20(1)(c), the Commissioner determined that neither Health Canada nor the third party provided convincing evidence that disclosing these specific dates would lead to a reasonable expectation of material financial harm or competitive prejudice. The evidence presented was deemed too speculative. Consequently, the Commissioner concluded that neither exemption applied and ordered Health Canada to disclose the dates.

• Whether the dates of correspondence constitute "financial, commercial, scientific or technical information" under s.20(1)(b) ATIA
• Whether the information is confidential under s.20(1)(b) ATIA
• Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA
• Whether disclosure of the dates could reasonably be expected to result in material financial loss or gain to the third party under s.20(1)(c) ATIA
• Whether there is a reasonable expectation of harm occurring under s.20(1)(c) ATIA

The complainant alleged that Fisheries and Oceans Canada (DFO) failed to conduct a reasonable search for records related to the Old Fort Band, Fort Babine Band, and Lake Babine Nation in British Columbia between 1871 and 1960. During the investigation, the Office of the Information Commissioner (OIC) requested additional information from DFO regarding its search parameters and program areas tasked. In response, DFO conducted a second search, including an additional program area not originally tasked, which resulted in the retrieval of approximately 7000 additional responsive pages. The OIC concluded that DFO's initial search was not reasonable, but the subsequent search satisfied the requirement for a reasonable search. The Information Commissioner ordered DFO to complete the retrieval of the identified records and provide a new response to the complainant within 60 days. DFO agreed to implement the order.

• Whether Fisheries and Oceans Canada conducted a reasonable search for records