Health Canada Access to Information Act: Annual Report 2018 to 2019
Table of Contents
- Introduction
- Access to Information Infrastructure
- Delegation of Authority
- Requests under the Access to Information Act - Statistical Figures, Interpretation and Explanation
- Training and Awareness
- Complaints and Court Applications for Reviews
- Policies, Guidelines, Procedures and Initiatives
- Monitoring Compliance
- Appendix A: Access to Information Act and Privacy Act – Delegation Order
- Appendix B: Statistical Report on the Access to Information Act
Introduction
1. Access to Information Act
The Access to Information Act (the Act) gives the Canadian public a right to access information contained in federal government records, subject to certain specific and limited exceptions.
The Act requires the head of every federal government institution to submit an annual report to Parliament on the administration of the Act following the close of each fiscal year. This annual report is prepared and is being tabled before each House of Parliament in accordance with section 94 of the Act and Section 20 of the Service Fees Act. This report summarizes how Health Canada has fulfilled its access to information responsibilities during the fiscal year 2018–2019.
2. About Health Canada
Health Canada is the federal department responsible for helping the people of Canada maintain and improve their health.
Health Canada is committed to improving the lives of all Canadians and to making this country's population among the healthiest in the world as measured by longevity, lifestyle and effective use of the public health care system.
By working with others in a manner that fosters the trust of Canadians, Health Canada strives to:
- Prevent and reduce risks to individual health and the overall environment;
- Promote healthier lifestyles;
- Ensure high quality health services that are efficient and accessible;
- Integrate renewal of the health care system with longer term plans in the areas of prevention, health promotion and protection;
- Reduce health inequalities in Canadian society; and
- Provide health information to help Canadians make informed decisions.
Health Canada has regional offices in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, and the Atlantic and Northern Regions.
For more information about Health Canada, please visit our website.
Access to Information Infrastructure
1. The Access to Information and Privacy Division
The Access to Information and Privacy (ATIP) Division resides in the Planning, Integration and Management Services Directorate of the Corporate Services Branch at Health Canada.
The ATIP Coordinator is accountable for the development, coordination and implementation of effective policies, guidelines, systems and procedures in order to enable efficient processing of requests under the Act. The Coordinator is also responsible for the implementation of relevant government-wide policies, systems and procedures. The ATIP Division is responsible for all Access to Information (ATI) legislative requirements pursuant to the Act such as:
- Responding to access to information requests within the statutory time frame as well as meeting the duty to assist requesters;
- Providing advice and guidance to departmental employees on the application of the Act and Treasury Board of Canada policies and directives;
- Developing corporate-wide access to information protocols and practices to guide the ATI process;
- Promoting awareness and providing training on the Act;
- Preparing annual reports to Parliament; and
- Liaising with the Office of the Information Commissioner (OIC), Treasury Board of Canada Secretariat (TBS), other federal departments and agencies, provincial ministries of health and other key stakeholders.
In 2018–2019, 62.90 full-time equivalent (FTE) employees administered the Access to Information Act with the support of consultant services (11.26 FTEs) and part-time and casual employees (2.27 FTEs) for a total complement of 76.43 FTEs.
2. Reading Room
Health Canada has a reading room available where members of the public may make arrangements to review materials used by employees of the institution in administering or carrying out programs or activities of the institution that affect the public. The public reading room is available at:
Access to Information and Privacy Division
1600 Scott Street, Holland Cross,
Tower B, 7th Floor, Suite 700
Ottawa, Ontario K1A 0K9
Delegation of Authority
The most recent delegation order for the Act, signed by the Minister of Health, is included in this report (Appendix A). In keeping with Treasury Board Secretariat recommendations on best practice, the delegation order extends authorities to multiple positions including the Coordinator, the Corporate Services Branch’s Assistant Deputy Minister and Director General of Planning Integration and Management Services Directorate. As appropriate, certain administrative authorities are delegated to various senior levels within the ATIP Division to support the effective and efficient administration of the Act.
Requests under the Access to Information Act - Statistical Figures, Interpretation and Explanation
1. Statistical Report
This section of the report includes an interpretation and explanation of the data contained in Health Canada’s statistical report, which summarizes ATI-related activity for the period between April 1, 2018 and March 31, 2019 (Appendix B).
2. Number of Access Requests and Case Load
Number of Access Requests
In 2018–2019, Health Canada received 1,942 requests, representing an increase of 7.5% compared to the 1,806 requests received in 2017–2018.
Health Canada has taken significant steps to manage the growing level of total requests, by allocating additional resources to the ATIP Division. The Department introduced changes to support greater efficiency, hired additional staff, implemented a development program and put in place a backlog reduction initiative. These activities allowed Health Canada to increase the number of closed requests by almost 25%, with 2,255 closed requests in 2018–2019 compared to 1,808 in the previous fiscal year.
Source of Requests: Trends
As in previous years, the largest number of requests received by Health Canada come from companies operating in a wide range of sectors. These sectors include pharmaceuticals, medical devices and natural health products, as well as cannabis products. The number of new requests from the business sector represents 43% of all new requests, while the requests from the media, represents 26% of the volume of the requests. Thirteen percent of the applicants came from the general public during 2018–2019.
A significant number of requests processed by Health Canada require complex third-party consultations to identify confidential business information that must be protected. These files often involve large volumes of technical and scientific information, which may take longer to review.
The table below shows the proportion of requests from different sources, including changes from 2017–2018.
| Source | Number of Requests | Proportion of Requests | Number of requests fluctuation from 2017–2018 |
|---|---|---|---|
| Business (Private Sector) | 831 | 43% | -9% |
| Media | 513 | 26% | +12% |
| Public | 259 | 13% | -1% |
| Decline to Identify | 189 | 10% | 0% |
| OrganizationsFootnote * | 96 | 5% | -2% |
| Academia | 54 | 3% | 0% |
| Total | 1,942 | 100% | |
|
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Informal Requests
Requests can be made for records previously released under the Act; these are referred to as “Access Informal requests”. In 2018–2019, Health Canada processed 574 informal requests compared to 627 in 2017–2018. Health Canada continues to support the Government of Canada’s commitment to openness and transparency by posting summaries of the requests completed every month.
Case Load
The amount of files received has increased since 2015–2016 (1,222) to 2018–2019 where Health Canada received 1,942 requests. This represents an increase of 59% in files received. Despite the increased volume, performance has improved by 120% in 2018–2019 where 2,255 files were closed as opposed to 2015–2016 where only 1,026 files closed were closed.
The increase in the number of pages reviewed is equally striking. We can see that in 2015–2016, each closed file represented an average of 209 pages reviewed, while in 2018–2019, each closed file represented an average of 424 pages reviewed. As well as average files size, Health Canada processed 2,255 of the 3,552 active requests (63%). Active requests included 1,942 new requests received and 1,610 requests carried forward from the 2017–2018 fiscal year.
| Fiscal Year | Number of Requests Received | Number of Requests Carried Over | Total Caseload | Number of Requests Closed | # of Pages Reviewed for Closed Files |
|---|---|---|---|---|---|
| 2014–2015 | 1,569 | 702 | 2,271 | 1,420 | 526,849 |
| 2015–2016 | 1,222 | 851 | 2,073 | 1,026 | 214,792 |
| 2016–2017 | 1,959 | 1,047 | 3,006 | 1,388 | 1,891,795Footnote * |
| 2017–2018 | 1,806 | 1,612 | 3,418 | 1,808 | 374,021 |
| 2018–2019 | 1,942 | 1,610 | 3,552 | 2,255 | 955,667 |
|
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Consultations Completed from Other Institutions
In 2018–2019, Health Canada completed 237 consultations from other federal institutions and 23 from institutions other than federal institutions. The number of completed consultations is higher compared to 2017–2018 where 172 consultations from other federal institutions and 75 from institutions other than federal institutions were closed.
| Federal Institutions | Number of Consultations Completed | Pages Reviewed |
|---|---|---|
| Treasury Board Secretariat | 30 | 687 |
| Privy Council Office | 27 | 2,139 |
| Canadian Food and Inspection Agency | 17 | 750 |
| Environment and Climate Change | 15 | 1,811 |
| Public Health Agency of Canada | 14 | 525 |
| Department of Finance Canada | 14 | 786 |
| Public Safety | 13 | 530 |
| Department of Justice | 10 | 119 |
| Global Affairs Canada | 10 | 271 |
| Public Service and Procurement Canada | 8 | 249 |
| Indigenous and Northern Affairs Canada | 8 | 972 |
| Employment and Social Development Canada | 8 | 169 |
| Other | 63 | 1,376 |
| Total | 237 | 5,058 |
3. Disposition of Requests Completed
Approximately 68% of the requests completed in 2018–2019 were either disclosed in part (53%) or all disclosed (15%). Completed requests were classified as follows:
| Disposition of Requests | Requests Completed by Percentage |
|---|---|
| Disclosed in part | 53% |
| Request abandoned | 17% |
| All disclosed | 15% |
| No records exist | 9% |
| Request Transferred | 2% |
| Neither confirmed or denied | 2% |
| All exempted | 1% |
| All excluded | 1% |
A slight decrease in abandoned requests was noted. Seventeen percent of requests were closed because they were abandoned in 2018–2019. The average of abandoned files over the last four years has been 20%. Requests submitted to Health Canada may be discontinued for a variety of reasons, including:
- Lack of interest in continuing the request due to the passage of time;
- Non-payment of request fee;
- Lack of clarity in wording of the request;
- Possibility of obtaining the required information through another source (information previously disclosed) or from a non-federal entity;
- Request submitted to Health Canada in error instead of another department or a provincial institution so that it must be pursued at other governmental levels;
Please note that case law (Yeager v. Canada, 2017 FC 330) has clarified the circumstances under which a request may be transferred between federal government institutions. This has significantly restricted the ability to transfer poorly directed requests, thereby resulting in several abandonments by requestors because they have to re-submit their requests to the correct institution.
4. Exemptions Invoked
Sections 13 through 24 of the Act set out the exemptions intended to protect information pertaining to a particular public or private interest, and section 26 of the Act is a temporary exception relating to information to be published.
The vast majority of Health Canada's 2,574 exemptions fall into three sections of the Act: Section 19 (Personal Information), Section 20 (Third Party Information) and Section 21 (Government Operations). Together, they represent 2,005 cases or 78% of the exemptions applied in 2018–2019. The application of section 19 on 994 occasions represents Health Canada’s commitment to ensure that personal information is properly safeguarded. The application of section 20 on 562 occasions required many consultations with commercial entities in order to confirm the need to protect the information as proprietary and commercially sensitive information. These consultations, some of which led to Federal Court prosecutions, are complex and resource demanding.
| Exemptions | Number of Requests with Exemptions Applied |
|---|---|
| Section 19 – Personal information | 994 |
| Section 20 – Third party information | 562 |
| Section 21 – Operations of Government | 449 |
| Section 16 – Law enforcement and investigation | 147 |
| Section 23 – Solicitor-client privilege | 123 |
| Section 13 – Obtained in confidence | 89 |
| Section 15 – Injurious to international affairs | 78 |
| Section 14 – Federal-provincial affairs | 67 |
| Section 17 – Threatens the safety of individuals | 32 |
| Section 18 – Economic interests | 12 |
| Section 22 – Prejudices results of tests or audits | 11 |
| Section 24 – Restricted under Schedule II | 7 |
| Section 26 – Will be published within 90 days | 3 |
5. Exclusions Cited
The Access to Information Act does not apply to published material, material available to the public for purchase, or for public reference (section 68), nor does it apply to confidences of the Queen's Privy Council (section 69). Requests containing proposed exclusions under section 69 require consultation with the Department of Justice, and potentially the Privy Council Office.
During 2018–2019, Health Canada applied 28 exclusions pursuant to section 68 of the Act and 185 exclusions for section 69 of the Act.
6. Completion Time
A total of 1,148 (51%) of requests were processed within the legislated timeline, with 709 (31%) being closed within 30 days or less and 439 (20%) requiring a legislated extension. Most extensions were taken to allow for consultations or due to large volume requests.
During the fiscal year, an initiative to reduce the inventory of overdue files (i.e. backlog) was put in place. This initiative was very successful, resulting in a significant number of files closed after more than 120 days.
| Completion Time | Completed Within Legislative Deadline | Completed After Legislative Deadline | ||
|---|---|---|---|---|
| No Extension | Extension Taken | No Extension | Extension Taken | |
| 30 days or less | 706 (31%) | 3 (0.1%) | n/a | n/a |
| 31–60 days | n/a | 171 (8%) | 124 (5%) | 1 (0.04%) |
| 61–120 days | n/a | 249 (11%) | 49 (2%) | 58 (3%) |
| More than 120 days | n/a | 19 (1%) | 297 (13%) | 578 (26%) |
| Total | 706 | 442 | 470 | 637 |
7. Extensions
Extensions provided under the Act were invoked to provide time to complete consultations and to process voluminous records. Of the 2,255 files closed in 2018–2019, Health Canada invoked 1,350 extensions under section 9(1) of the Act, an increase from the 827 invoked in 2017–2018.
| Length of extensions | 9(1)(a) Interference with operations |
9(1)(b) Consultation |
9(1)(c) Third party notice |
|||
|---|---|---|---|---|---|---|
| #of times invoked | Pourcentage | #of times invoked | Pourcentage | #of times invoked | Pourcentage | |
| 30 days or less | 103 | 8% | 93 | 7% | 2 | 1% |
| More than 30 days | 209 | 15% | 343 | 25% | 600 | 44% |
8. Translations
No translations were required to respond to requests in 2018–2019.
9. Format of Information Released
Of the requests that were fully or partially disclosed, 854 were released in paper format, while the remaining 669 were released as electronic copies. Electronic copies are available through CD or E-Post. E-Post is a service offered by Canada Post that provides an accessible platform to share information. E-Post was introduced in fiscal year 2018–2019 to provide requesters with easier and more timely access to information.
10. Fees
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.
With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.
- Enabling authority: Access to Information Act
- Fee amount: For the fiscal year 2018–2019, the only fee charged was $5 to submit a request under the Act.
- Total Revenue: The total fee revenue for 2018–2019 was $9,100.
- Fees waived: A total of $6,159 was waived by Health Canada in 2018–2019. In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, Health Canada waived all fees prescribed by the Act and Regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the Regulations.
- Cost of operating the program: Health Canada spent a total of $7,690,019 on ATI functions in 2018–2019. Of this total, salaries and overtime costs represent $4,840,766 and administration costs were $2,849,253. Most of the administration costs were used to retain temporary help to address the volume and complexity of requests.
Training and Awareness
Training, Orientation and Awareness for Health Canada Employees
Training sessions on the Act and related processes are delivered to Health Canada employees on a regular basis. In fiscal year 2018–2019, the ATIP Division delivered 33 training sessions entitled “ATI 101” to 638 participants. In addition, 14 virtual sessions were delivered to reach those in various parts of Canada. The basic objectives of the sessions are to impart an understanding of the Act, roles and responsibilities, the handling of formal and informal requests, basic grounds for withholding information and how to process an ATI request. Significant efforts have been put into updating training materials and tools.
A process to identify and strategically assess training needs and provide customized training to target groups has been implemented to improve the effectiveness of training sessions. In addition, the ATIP Division worked with various program areas to promote awareness and develop customized training to meet Health Canada's needs. This collaboration resulted in four general awareness sessions for 60 participants.
Complaints and Court Applications for Reviews
1. Complaints to the Information Commissioner
In 2018–2019, 126 complaints under the Act were filed with the Office of the Information Commissioner for Health Canada's requests. Although the number of complaints seems large, 44 complaints are associated with the same subject.
| Reason | Number of Complaints |
|---|---|
| Deemed Refusal | 68 |
| Exemptions | 39 |
| Time Extension | 9 |
| Other | 10 |
| Total | 126 |
The Department reviews the outcomes of all OIC investigations, and where appropriate, incorporates lessons learned into business processes.
2. Types of Complaints and their Disposition Completed in 2018–2019
| Subject of Complaint | Number of Closed Complaints | Final Disposition by OIC |
|---|---|---|
| Deemed Refusal (delay) | 31 |
|
| Exemptions | 12 |
|
| Time Extension | 10 |
|
| Other | 8 |
|
| Total | 61 |
|
3. Applications/Appeals Submitted to the Federal Court/Federal Court of Appeal
Application by Third Parties
When Health Canada decides to release third party information under the Access to Information Act, the third party is formally notified and has the opportunity to challenge the release through a judicial review. This can happen prior to initial release of the documents (section 28 notice), or following a formal complaint through the Office of the Information Commissioner and subsequent recommendation to reconsider the release (section 29 notice).
In 2018–2019, Health Canada had five judicial reviews close, and an additional nine that are still active. These cases are summarized as follows:
Apotex Inc. v. Minister of Health, AGC and Information Commissioner of Canada
A judicial review application was filed in September 2015 to contest Health Canada’s decision to partially release records related to an Abbreviated New Dug Submission that the third party considers confidential. Two additional applications for judicial review were filed in October 2015 in relation to two other ATI requests for the same information. A number of motions have been filed to address various procedural aspects of the file. In 2018, the third party expressed an interest in attempting to resolve the judicial reviews and the parties are engaging in settlement discussions
Abbott Laboratories Limited v. Minister of Health and AGC
In August 2018, Abbott Laboratories Limited (the Applicant) filed a judicial review application to contest the decision to partially release records the company considers confidential. In October 2018, the parties were granted a Confidentiality Order for the proceedings. The Applicant cross-examined Health Canada affiants in March, 2019 and the public version of the affidavits are being finalized.
Elanco Canada Limited v. Canada (Minister of Health)
In December 2017, Elanco filed a judicial review application to oppose the disclosure of information through an ATI request. A number of motions have been filed, and the parties have agreed to a revised schedule for the proceedings.
Samsung Electronics Canada Inc. v. Minister of Health
In September 2018 an application was filed for a judicial review of Health Canada’s intention to partially release records related to potential safety issues concerning certain top load, high efficiency washing machines. Affidavits have been filed, and the matter is ongoing at this time.
Pure North S’Energy Foundation vs. Health Canada
A judicial review application was filed in October 2018 to oppose the partial release of records related to the Applicant, arguing that the records are not relevant to the scope of the request and subject to third party exemption under the ATIA. The ATI requester has been added as a party to the proceedings. On March 28, 2019, the Applicant filed a Notice of Discontinuance without costs.
Provital Health v. Canada (Minister of Health),
Preventous Collaborative Health v. Canada (Minister of Health),
Copeman Healthcare v. Canada (Minister of Health)
In January 2019, three private health care clinics each filed judicial review applications in relation to one ATI request. The applications for judicial review concern the partial release of audit reports in relation to the three clinics. The parties are filing confidentiality orders to protect the records at question during the proceedings. The Applicant will be filing their affidavit evidence in June 2019.
Ferring Inc. v. Minister of Health (Closed File)
A judicial review application was filed in April 2018 to review a decision to partially release records related to the fertility drug ‘Bravelle’ and the recall that occurred in October 2015. The ATI requestor asked to be added as a party to the proceeding. In September 2018, Ferring Inc. filed a Notice of discontinuance, following which Health Canada proceeded with the release of information as indicated in the section 28 notice.
Laboratoire Riva Inc.vs. Attorney General of Canada (Closed File)
A judicial review application was filed in October 2018 to review a decision to partially release records related to Riva’s drug submission for a generic drug product at issue. While the type of information in question was historically protected, Health Canada now releases patent hold dates once a drug application has reached a certain stage of review. In November 2018, Riva discontinued the application for judicial review. Health Canada proceeded to process and release the records and the ATI file is now closed.
Pro Doc Ltée vs. Minister of Health (Closed File)
A judicial review application was filed in July 2018, to partially release records related to Pro Doc’s drug submission for a generic drug product at issue. Specifically, the Applicant opposed the disclosure of the date of the drug notification forms, the DIN assignment date and the patent hold date. Several motions were filed in fall 2018. In November 2018, the Applicant discontinued the application for judicial review without costs. Health Canada proceeded to process and release the records and the ATI file is now closed.
Applications by Requesters
Litigation can also be brought forward by requesters regarding ‘deemed refusal’ (when records are not provided within the legislated timeframe), or other matters.
Estate {name protected as personal information}(Closed File)
The executor of an estate submitted an ATI request for information related to the deceased. As it was not originally established that the information was needed for administration of the estate, no information could be provided. The decision was investigated by the Office of the Information Commissioner, who found in favour of Health Canada’s decision.
In December 2018, Health Canada was served with legal documents seeking production of the information as necessary for ongoing litigation. Health Canada worked with the lawyer for the applicant to determine what information should be shared in the circumstances and the matter was resolved.
Gan vs. Health Canada (Westlake) (Closed File)
In August 2018, a petition was filed in the BC Supreme Court on behalf of Wei Ping Gan against Health Canada. The petition alleges that the petitioner has made attempts to obtain information from Health Canada, including through ATI requests, regarding information the department provided to the Abbotsford Police Department that the petitioner claims was erroneous.
In October 2018, Health Canada provided additional records in response to the ATI requests and closed the ATI file. In March 2019, the case was discontinued without costs.
Gilles LAVOIE vs. Attorney General of Canada (Closed File)
In December 2018, a judicial review application was filed in relation to two Privacy Act requests, alleging that Health Canada refused to disclose the requested records. The Applicant discontinued the application in February 2019 after receiving the records.
4. Responses to Recommendations raised by other Agents of Parliament
There were no recommendations raised by other Agents of Parliament during fiscal year 2018–2019.
Policies, Guidelines, Procedures and Initiatives
Health Canada has continued to provide significant funding to reduce the number of overdue requests received prior to April 2017. This has supported a significant decrease in these overdue files, with
549 requests closed in fiscal year
2018–2019, up 37% from the 345 requests closed during the fiscal year 2017–2018.
A software update to ATIP’s case management system has also been finalized and has resulted in greater efficiency in processing requests.
In 2018–2019, Health Canada continued its efforts to formalize the internal operating procedures and carry out the ATI Action Plan. Several internal ATIP Division procedures were created or modified to continue to reinforce accountability, clarity and consistency.
Other successes arising from the Action Plan included stabilizing the case management and imaging software through the correction of various bugs and the improved availability of performance reports. To support personnel development and consistency, training and information sessions took place both in the ATIP Division and with stakeholders throughout Health Canada. Working group meetings continued with participants from all Health Canada branches. The objective of those meetings was to identify and leverage best practices and improve collaboration and information sharing.
Recruitment efforts proceeded well despite a shortage of specialized resources across the Government of Canada.
Monitoring Compliance
ATIP has undertaken the production of weekly, monthly and quarterly reporting to senior management in order to monitor the performance of Health Canada.
Appendix A: Access to Information Act and Privacy Act – Delegation Order
Delegation Order
Access to Information Act and Privacy Act
I, the Minister of Health, pursuant to section 95 of the Access to Information Act and section 73 of the Privacy Act, hereby delegate the persons holding the positions set out in the Delegation of Authority Schedule attached hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister as head of Health Canada, under the provisions of the Acts and related regulations set out in the schedule opposite each position. This delegation supersedes all previous delegation orders.
The Honourable Patty Hajdu
Minister of Health
January 22, 2020
Delegation of Authority Schedule
| Provisions | Description | DM | ADM CSB | DG PIMSD | Dir ATIP Ops | Deputy Dir ATIP Ops |
|---|---|---|---|---|---|---|
| All Provisions | All powers, duties and functions under the Access to Information Act, R.S.C. 1985, c. A-1 (prior to and following June 21, 2019) and related regulations (prior to and following June 21, 2019) | Full authority | ||||
| Provisions | Description | Dir, PMD | Manager | Team Leader | Senior Analyst | Analyst |
|---|---|---|---|---|---|---|
| 4(2.1) | Responsibility of government institutions | No | Yes | Yes | Yes | Yes |
| 6.1(1) | Reasons for declining to act on request | No | Yes | No | No | No |
| 6.1(1.3), (1.4), (2) | Notice – suspension, end of suspension | No | Yes | Yes | Yes | No |
| 7 | Notice when access requested | No | Yes | Yes | Yes | Yes |
| 8(1) | Transfer of request | No | Yes | Yes | No | No |
| 9(1) | Extension of time limits | No | Yes | Yes | No | No |
| 9(2) | Notice of extension to Information Commissioner | No | Yes | Yes | Yes | Yes |
| 10 | Where access is refused | No | Yes | Yes | No | No |
| 11(2) | Application Fee Waiver | No | Yes | Yes | No | No |
| 12(2)(b) | Language of access | No | Yes | Yes | No | No |
| 12(3)(b) | Access to record in alternative format | No | Yes | Yes | No | No |
| Exemption Provisions of the Access to Information Act | ||||||
| 13 | Information obtained in confidence | No | Yes | No | No | No |
| 14 | Federal-provincial affairs | No | Yes | No | No | No |
| 15 | International affairs and defence | No | Yes | No | No | No |
| 16 | Law enforcement and investigations | No | Yes | Yes | No | No |
| 16.5 | Public Servants Disclosure Protection Act | No | Yes | No | No | No |
| 17 | Safety of individuals | No | Yes | No | No | No |
| 18 | Economic interests of Canada | No | Yes | No | No | No |
| 18.1 | Economic interest of certain government institutions | No | Yes | No | No | No |
| 19 | Personal information | No | Yes | Yes | No | No |
| 20 | Third party information | No | Yes | Yes | No | No |
| 21 | Advice, etc. | No | Yes | No | No | No |
| 22 | Testing procedures, tests and audits | No | Yes | No | No | No |
| 22.1 | Internal Audits | No | Yes | No | No | No |
| 23 | Protected information – solicitors, advocates and notaries | No | Yes | Yes | No | No |
| 23.1 | Protected information – patents and trade-marks | No | Yes | Yes | No | No |
| 24 | Statutory prohibitions against disclosure | No | Yes | Yes | No | No |
| Other Provisions of the Access to Information Act | ||||||
| 25 | Severability | No | Yes | Yes | No | No |
| 26 | Refusal of access if information to be published | No | Yes | No | No | No |
| 27(1), (4) | Notice to third parties | No | Yes | Yes | Yes | No |
| 28(1)(b), (2), (4) |
Representations of third party and decision | No | Yes | No | No | No |
| 33 | Notice to Information Commissioner of notices to third parties | No | Yes | Yes | Yes | No |
| 35(2)(b) | Right to make representations | No | No | No | No | No |
| 37(1)(c) | Notice of actions to implement recommendations of Commissioner | No | Yes | No | No | No |
| 37(4) | Access to be given to complainant | No | Yes | No | No | No |
| 41(2) | Review by Federal Court – government institution | No | No | No | No | No |
| 43(2) | Service or notice of application to Federal Court for review | No | Yes | Yes | No | No |
| 44(2) | Notice to person who requested record | No | Yes | Yes | No | No |
| 52(2)(b), 52(3) | Special rules for hearings | No | No | No | No | No |
| 94 | Annual report – government institutions | No | No | No | No | No |
| 96(3) | Notice of Provision of services related to access to information | No | No | No | No | No |
| 96(5) | Spending authority | No | No | No | No | No |
| Access to Information Act – Regulations | ||||||
| 6(1) | Transfer of request | No | Yes | No | No | No |
| 8 | Method of access | No | Yes | No | No | No |
| 8.1 | Limitations in respect of format support | No | Yes | No | No | No |
LegendYes - Delegated No - No Delegation |
||||||
| Provisions | Description | DM | ADM CSB | DG PIMSD | Dir ATIP Ops | Deputy Dir ATIP Ops |
|---|---|---|---|---|---|---|
| All Provisions | All powers, duties and functions under the Act and Regulations | Full authority | ||||
| Provisions | Description | Dir, PMD | Manager | Team Leader | Senior Analyst | Analyst |
|---|---|---|---|---|---|---|
| 8(2)(j) | Disclosure for research or statistical purposes | Yes | No | No | No | No |
| 8(2)(m) | Disclosure in the public interest or in the interest of the individual | Yes | No | No | No | No |
| 8(4) | Copies of requests under paragraph 8(2)(e) | Yes | No | No | No | No |
| 8(5) | Notice of disclosure under paragraph 8(2)(m) | Yes | No | No | No | No |
| 9(1) | Record of disclosures to be retained | Yes | No | No | No | No |
| 9(4) | Consistent uses | Yes | No | No | No | No |
| 10 | Personal information to be included in personal information banks | Yes | No | No | No | No |
| 14(a) | Notice where access requested | No | Yes | Yes | Yes | No |
| 14(b) | Giving access to the record | No | Yes | Yes | No | No |
| 15 | Extension of time limits | No | Yes | Yes | Yes | No |
| 16 | Where access is refused | No | Yes | Yes | No | No |
| 17(2)(b) | Language of access | No | Yes | Yes | No | No |
| 17(3)(b) | Access in an alternative format | No | Yes | Yes | No | No |
| Exemption Provisions of the Privacy Act | ||||||
| 18(2) | Exempt banks | No | Yes | No | No | No |
| 19 | Information obtained in confidence | No | Yes | No | No | No |
| 20 | Federal-provincial affairs | No | Yes | No | No | No |
| 21 | International affairs and defence | No | Yes | No | No | No |
| 22 | Law enforcement and investigations | No | Yes | No | No | No |
| 22.3 | Public Servants Disclosure Protection Act | No | Yes | No | No | No |
| 23 | Security clearances | No | Yes | No | No | No |
| 24 | Individuals sentenced for an offence | No | Yes | No | No | No |
| 25 | Safety of individuals | No | Yes | No | No | No |
| 26 | Information about another individual | No | Yes | Yes | No | No |
| 27 | Protected information – solicitors, advocates and notaries | No | Yes | Yes | No | No |
| 27.1 | Protected information – patents and trade-marks | No | Yes | Yes | No | No |
| 28 | Medical records | No | Yes | No | No | No |
| Other Provisions | ||||||
| 33(2) | Right to make representations | Yes | No | No | No | No |
| 35(1)(b) | Notice of actions to implement recommendations of Commissioner | Yes | Yes | No | No | No |
| 35(4) | Access to be given to complainant | Yes | Yes | No | No | No |
| 36(3)(b) | Notice of actions to implement recommendations of Commissioner concerning exempt banks | Yes | Yes | No | No | No |
| 51(2)(b),(3) | Special rules for hearings | Yes | No | No | No | No |
| 72 | Annual report to Parliament | Yes | No | No | No | No |
| 73.1(3) | Notice of Provision of services related to privacy | Yes | No | No | No | No |
| 73.1(5) | Spending authority | Yes | No | No | No | No |
| Privacy Regulations | ||||||
| 7 | Retention of personal information requested under paragraph 8(2)(e) | Yes | No | No | No | No |
| 9 | Examination of information | Yes | Yes | Yes | Yes | Yes |
| 11(2),11(4) | Notification concerning corrections | Yes | Yes | Yes | Yes | Yes |
| 13(1) | Disclosure of personal information relating to physical or mental health | Yes | Yes | Yes | No | No |
| 14 | Examination in presence of medical practitioner or psychologist | Yes | Yes | Yes | No | No |
LegendYes - Delegated No - No Delegation |
||||||
Appendix B: Statistical Report on the Access to Information Act
TBS/SCT 350-62
Name of institution: Health Canada
Reporting period: 2018-04-01 to 2019-03-31
Part 1: Requests Under the Access to Information Act
| Requests | Number of Requests |
|---|---|
| Received during reporting period | 1,942 |
| Outstanding from previous reporting period | 1,610 |
| Total | 3,552 |
| Closed during reporting period | 2,255 |
| Carried over to next reporting period | 1,297 |
| Source | Number of Requests |
|---|---|
| Media | 513 |
| Academia | 54 |
| Business (private sector) | 831 |
| Organization | 96 |
| Public | 259 |
| Decline to Identify | 189 |
| Total | 1,942 |
| Completion Time | |||||||
|---|---|---|---|---|---|---|---|
| 1 to 15 Days | 16 to 30 Days | 31 to 60 Days | 61 to 120 Days | 121 to 180 Days | 181 to 365 Days | More Than 365 Days | Total |
| 75 | 51 | 57 | 34 | 10 | 17 | 330 | 574 |
Part 2: Requests Closed During the Reporting Period
| Disposition of Requests | Completion Time | |||||||
|---|---|---|---|---|---|---|---|---|
| 1 to 15 Days |
16 to 30 Days |
31 to 60 Days |
61 to 120 Days |
121 to 180 Days |
181 to 365 Days |
More Than 365 Days |
Total | |
| All disclosed | 32 | 129 | 62 | 54 | 14 | 14 | 30 | 335 |
| Disclosed in part | 41 | 124 | 158 | 279 | 68 | 109 | 409 | 1,188 |
| All exempted | 0 | 4 | 1 | 6 | 6 | 2 | 8 | 27 |
| All excluded | 0 | 1 | 3 | 10 | 0 | 1 | 5 | 20 |
| No records exist | 123 | 54 | 15 | 2 | 0 | 0 | 11 | 205 |
| Request transferred | 43 | 6 | 0 | 1 | 0 | 0 | 0 | 50 |
| Request abandoned | 106 | 42 | 12 | 2 | 2 | 13 | 200 | 377 |
| Neither confirmed nor denied | 5 | 2 | 45 | 0 | 0 | 1 | 0 | 53 |
| Total | 350 | 362 | 296 | 354 | 90 | 140 | 663 | 2,255 |
| Section | Number of Requests | Section | Number of Requests | Section | Number of Requests | Section | Number of Requests |
|---|---|---|---|---|---|---|---|
| 13(1)(a) | 40 | 16(2) | 14 | 18(a) | 4 | 20.1 | 4 |
| 13(1)(b) | 19 | 16(2)(a) | 0 | 18(b) | 4 | 20.2 | 0 |
| 13(1)(c) | 27 | 16(2)(b) | 2 | 18(c) | 0 | 20.4 | 0 |
| 13(1)(d) | 2 | 16(2)(c) | 114 | 18(d) | 4 | 21(1)(a) | 201 |
| 13(1)(e) | 1 | 16(3) | 0 | 18.1(1)(a) | 0 | 21(1)(b) | 190 |
| 14 | 18 | 16.1(1)(a) | 0 | 18.1(1)(b) | 0 | 21(1)(c) | 43 |
| 14(a) | 34 | 16.1(1)(b) | 0 | 18.1(1)(c) | 0 | 21(1)(d) | 15 |
| 14(b) | 15 | 16.1(1)(c) | 0 | 18.1(1)(d) | 0 | 22 | 10 |
| 15(1) | 51 | 16.1(1)(d) | 0 | 19(1) | 994 | 22.1(1) | 1 |
| 15(1) - I.A. Table 2.2 footnote 1 | 25 | 16.2(1) | 1 | 20(1)(a) | 20 | 23 | 123 |
| 15(1) - Def. Table 2.2 footnote 2 | 2 | 16.3 | 0 | 20(1)(b) | 288 | 24(1) | 7 |
| 15(1) - S.A. Table 2.2 footnote 3 | 0 | 16.4(1)(a) | 0 | 20(1)(b.1) | 1 | 26 | 3 |
| 16(1)(a)(i) | 1 | 16.4(1)(b) | 0 | 20(1)(c) | 215 | no data | no data |
| 16(1)(a)(ii) | 3 | 16.5 | 0 | 20(1)(d) | 34 | no data | no data |
| 16(1)(a)(iii) | 0 | 17 | 32 | no data | no data | no data | no data |
| 16(1)(b) | 4 | no data | no data | no data | no data | no data | no data |
| 16(1)(c) | 7 | no data | no data | no data | no data | no data | no data |
| 16(1)(d) | 1 | no data | no data | no data | no data | no data | no data |
Table 2.2 footnotes
|
|||||||
| Section | Number of Requests | Section | Number of Requests | Section | Number of Requests |
|---|---|---|---|---|---|
| 68(a) | 23 | 69(1) | 31 | 69(1)(g) re (a) | 40 |
| 68(b) | 0 | 69(1)(a) | 4 | 69(1)(g) re (b) | 0 |
| 68(c) | 0 | 69(1)(b) | 0 | 69(1)(g) re (c) | 9 |
| 68.1 | 5 | 69(1)(c) | 2 | 69(1)(g) re (d) | 9 |
| 68.2(a) | 0 | 69(1)(d) | 3 | 69(1)(g) re (e) | 28 |
| 68.2(b) | 0 | 69(1)(e) | 33 | 69(1)(g) re (f) | 26 |
| no data | no data | 69(1)(f) | 0 | 69.1(1) | 0 |
| Disposition | Paper | Electronic | Other Formats |
|---|---|---|---|
| All disclosed | 231 | 104 | 0 |
| Disclosed in part | 623 | 565 | 0 |
| Total | 854 | 669 | 0 |
2.5 Complexity
| Disposition of Requests | Number of Pages Processed | Number of Pages Disclosed | Number of Requests |
|---|---|---|---|
| All disclosed | 34,402 | 34,402 | 335 |
| Disclosed in part | 232,176 | 203,204 | 1,188 |
| All exempted | 577,437 | 0 | 27 |
| All excluded | 1,892 | 0 | 20 |
| Request abandoned | 109,760 | 0 | 377 |
| Neither confirmed nor denied | 0 | 0 | 53 |
| Disposition | Less Than 100 Pages Processed |
101-500 Pages Processed |
501-1000 Pages Processed |
1001-5000 Pages Processed |
More Than 5000 Pages Processed |
|||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | Number of Requests | Pages Disclosed | |
| All disclosed | 294 | 4,342 | 29 | 5,904 | 6 | 3,745 | 5 | 13,643 | 1 | 6,768 |
| Disclosed in part | 769 | 21,210 | 303 | 63,455 | 77 | 46,714 | 36 | 54,997 | 3 | 16,828 |
| All exempted | 19 | 0 | 3 | 0 | 0 | 0 | 0 | 0 | 5 | 0 |
| All excluded | 17 | 0 | 2 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 311 | 0 | 38 | 0 | 9 | 0 | 16 | 0 | 3 | 0 |
| Neither confirmed nor denied | 53 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 1,463 | 25,552 | 375 | 69,359 | 93 | 50,459 | 57 | 68,640 | 12 | 23,596 |
| Disposition | Consultation Required | Assessment of Fees | Legal Advice Sought | Other | Total |
|---|---|---|---|---|---|
| All disclosed | 56 | 0 | 2 | 53 | 111 |
| Disclosed in part | 371 | 0 | 27 | 204 | 602 |
| All exempted | 12 | 0 | 1 | 0 | 13 |
| All excluded | 10 | 0 | 4 | 5 | 19 |
| Request abandoned | 0 | 0 | 0 | 15 | 15 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
| Total | 449 | 0 | 34 | 277 | 760 |
2.6 Deemed refusals
| Number of Requests Closed Past the Statutory Deadline | Principal Reason | |||
|---|---|---|---|---|
| Workload | External Consultation | Internal Consultation | Other | |
| 1,095 | 792 | 101 | 29 | 173 |
| Number of Days Past Deadline | Number of Requests Past Deadline Where No Extension Was Taken | Number of Requests Past Deadline Where An Extension Was Taken | Total |
|---|---|---|---|
| 1 to 15 days | 44 | 42 | 86 |
| 16 to 30 days | 71 | 21 | 92 |
| 31 to 60 days | 30 | 39 | 69 |
| 61 to 120 days | 38 | 40 | 78 |
| 121 to 180 days | 17 | 33 | 50 |
| 181 to 365 days | 44 | 69 | 113 |
| More than 365 days | 216 | 391 | 607 |
| Total | 460 | 635 | 1,095 |
| Translation Requests | Accepted | Refused | Total |
|---|---|---|---|
| English to French | 0 | 0 | 0 |
| French to English | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
Part 3: Extensions
| Disposition of Requests Where an Extension Was Taken |
9(1)(a) Interference With Operations |
9(1)(b) Consultation |
9(1)(c) Third-Party Notice |
|
|---|---|---|---|---|
| Section 69 | Other | |||
| All disclosed | 12 | 2 | 41 | 54 |
| Disclosed in part | 187 | 51 | 256 | 463 |
| All exempted | 4 | 1 | 6 | 10 |
| All excluded | 0 | 11 | 1 | 0 |
| No records exist | 3 | 3 | 2 | 4 |
| Request abandoned | 106 | 8 | 54 | 71 |
| Total | 312 | 76 | 360 | 602 |
| Length of Extensions | 9(1)(a) Interference With Operations |
9(1)(b) Consultation |
9(1)(c) Third-Party Notice |
|
|---|---|---|---|---|
| Section 69 | Other | |||
| 30 days or less | 103 | 6 | 87 | 2 |
| 31 to 60 days | 101 | 18 | 181 | 570 |
| 61 to 120 days | 73 | 52 | 81 | 25 |
| 121 to 180 days | 21 | 0 | 10 | 4 |
| 181 to 365 days | 13 | 0 | 1 | 1 |
| 365 days or more | 1 | 0 | 0 | 0 |
| Total | 312 | 76 | 360 | 602 |
Part 4: Fees
| Fee Type | Fee Collected | Fee Waived or Refunded | ||
|---|---|---|---|---|
| Number of Requests |
Amount | Number of Requests |
Amount | |
| Application | 1,819 | $9,100 | 419 | $2,095 |
| Search | 0 | $0 | 3 | $300 |
| Production | 0 | $0 | 19 | $354 |
| Programming | 0 | $0 | 0 | $0 |
| Preparation | 0 | $0 | 1 | $29 |
| Alternative format | 0 | $0 | 1 | $5 |
| Reproduction | 0 | $0 | 479 | $3,376 |
| Total | 1,819 | $9,100 | 922 | $6,159 |
Part 5: Consultations Received From Other Institutions and Organizations
| Consultations | Other Government of Canada Institutions | Number of Pages to Review | Other Organizations | Number of Pages to Review |
|---|---|---|---|---|
| Received during reporting period | 234 | 8,560 | 21 | 605 |
| Outstanding from the previous reporting period | 21 | 2,634 | 5 | 270 |
| Total | 255 | 11,194 | 26 | 875 |
| Closed during the reporting period | 237 | 10,370 | 23 | 764 |
| Pending at the end of the reporting period | 18 | 824 | 3 | 111 |
| Recommendation | Number of Days Required to Complete Consultation Requests | |||||||
|---|---|---|---|---|---|---|---|---|
| 1 to 15 Days | 16 to 30 Days | 31 to 60 Days | 61 to 120 Days | 121 to 180 Days | 181 to 365 Days | More Than 365 Days | Total | |
| Disclose entirely | 91 | 64 | 15 | 6 | 0 | 0 | 0 | 176 |
| Disclose in part | 8 | 11 | 10 | 2 | 0 | 1 | 0 | 32 |
| Exempt entirely | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 2 | 2 | 1 | 0 | 0 | 0 | 0 | 5 |
| Other | 7 | 9 | 3 | 1 | 1 | 1 | 1 | 23 |
| Total | 109 | 86 | 29 | 9 | 1 | 2 | 1 | 237 |
| Recommendation | Number of Days Required to Complete Consultation Requests | |||||||
|---|---|---|---|---|---|---|---|---|
| 1 to 15 Days | 16 to 30 Days | 31 to 60 Days | 61 to 120 Days | 121 to 180 Days | 181 to 365 Days | More Than 365 Days | Total | |
| Disclose entirely | 5 | 9 | 3 | 0 | 0 | 0 | 0 | 17 |
| Disclose in part | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 3 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 1 | 2 | 1 | 0 | 0 | 0 | 0 | 3 |
| Total | 7 | 12 | 4 | 0 | 0 | 0 | 0 | 23 |
Part 6: Completion Time of Consultations on Cabinet Confidences
| Number of Days | Fewer Than 100 Pages Processed |
101-500 Pages Processed |
501-1,000 Pages Processed |
1001-5,000 Pages Processed |
More Than 5,000 Pages Processed |
|||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of Requests |
Pages Disclosed | Number of Requests |
Pages Disclosed | Number of Requests |
Pages Disclosed | Number of Requests |
Pages Disclosed | Number of Requests |
Pages Disclosed | |
| 1 to 15 | 24 | 28 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 | 38 | 118 | 3 | 2 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 33 | 94 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 61 to 120 | 4 | 9 | 1 | 59 | 0 | 0 | 0 | 0 | 0 | 0 |
| 121 to 180 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 181 to 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| More than 365 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 100 | 249 | 6 | 61 | 0 | 0 | 0 | 0 | 0 | 0 |
| Number of Days | Fewer Than 100 Pages Processed |
101‒500 Pages Processed |
501-1,000 Pages Processed |
1001-5,000 Pages Processed |
More Than 5,000 Pages Processed |
|||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of Requests |
Pages Disclosed | Number of Requests |
Pages Disclosed | Number of Requests |
Pages Disclosed | Number of Requests |
Pages Disclosed | Number of Requests |
Pages Disclosed | |
| 1 to 15 | 5 | 48 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 | 10 | 43 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 7 | 18 | 1 | 260 | 0 | 0 | 0 | 0 | 0 | 0 |
| 61 to 120 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 121 to 180 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 181 to 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 24 | 109 | 1 | 260 | 0 | 0 | 0 | 0 | 0 | 0 |
Part 7: Complaints and Investigations
| Section 32 | Section 35 | Section 37 | Total |
|---|---|---|---|
| 126 | 1 | 61 | 188 |
Part 8: Court Action
| Section 41 | Section 42 | Section 44 | Total |
|---|---|---|---|
| 1 | 0 | 7 | 8 |
Part 9: Resources Related to the Access to Information Act
| Expenditures | Amount |
|---|---|
| Salaries | $4,777,259 |
| Overtime | $63,507 |
Goods and Services
|
$2,849,253 |
| Total | $7,690,019 |
| Resources | Person Years Dedicated to Access to Information Activities |
|---|---|
| Full-time employees | 62.90 |
| Part-time and casual employees | 2.27 |
| Regional staff | 0.00 |
| Consultants and agency personnel | 11.26 |
| Students | 0.00 |
| Total | 76.43 |
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