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Health Canada Annual Report on the Access to Information Act Access and the Privacy Act: Annual Report 2021 to 2022

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Organization: Health Canada

Date published: 2022-11-04

Table of Contents

Introduction

Health Canada is pleased to present to Parliament its consolidated annual report on the administration of Access to Information and Privacy (ATIP) services, in accordance with section 94 of the Access to Information Act (ATIA), section 72 of the Privacy Act and section 20 of the Service Fees Act. The report describes activities that support compliance with these laws for the fiscal year beginning April 1, 2021 and ending March 31, 2022.

About Health Canada

Health Canada is the federal department responsible for helping Canadians maintain and improve their health, while respecting individual choices and circumstances. 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.

Purpose of the Acts

The ATIA gives Canadian citizens and permanent residents of Canada the right to access information contained in federal government records, subject to certain specific and limited exceptions. The ATIA complements, but does not replace, other means of obtaining government information.

The Privacy Act protects an individual's privacy by setting out provisions related to the collection, retention, accuracy, disposal, use and disclosure of personal information. It also gives Canadian citizens and permanent residents of Canada the right of access to information about themselves held by the federal government, with certain specific and limited exceptions.

Organizational Structure

Shared Services Partnership Agreement

ATIP Operations Division and the Privacy Management Division provide services to both the Public Health Agency of Canada and Health Canada, and do so as part of the Shared Services Partnership Agreement. These divisions are housed under the Policy, Planning, and Management Strategies Directorate (PPMSD) of Health Canada's Corporate Services Branch (CSB). ATIP Operations Division manages the processing of requests under both the ATIAand the Privacy Act, while the Privacy Management Division is responsible for privacy policy and providing guidance to programs. Although ATIP services are provided to both institutions, the statistics and financial data provided in this report are only for Health Canada.

Access to Information and Privacy Operations Division

The primary function of the ATIP Operations Division is to ensure compliance of Health Canada's program delivery with the provisions of the ATIA and the Privacy Act along with the policies and directives of the Treasury Board of Canada Secretariat.

The ATIP Operations Division is responsible for responding to access to information and privacy requests. It reviews information to support various disclosures including the appropriate sharing of investigation reports, proactive publication under Part 2 of the ATIA, as well as supporting Parliamentary Affairs in responding to Parliamentary Motions to Produce Papers. In addition, ATIP Operations Division promotes awareness of ATIP obligations and provides ATIP training to staff.

In 2021-2022, there were 85.98 full-time equivalents within ATIP Operations Division supporting Health Canada's administration of both the ATIA and the Privacy Act. A breakdown of the different types of full-time equivalents is provided in the table below.

Privacy Management Division

The primary functions of the Privacy Management Division include supporting compliance of Health Canada's program delivery with the provisions of the Privacy Act and the policies and directives of the Treasury Board of Canada Secretariat. Responsibilities include:

In 2021-2022, the Privacy Management Division comprised 11.30 full-time equivalents. A breakdown of the different types of full-time equivalents is provided in the table below.

Total Full-Time Equivalents supporting the ATIA and the Privacy Act

In 2021-2022, there were a total of 97.28 full-time equivalents supporting the administration of the ATIA and the Privacy Act. This comprised 77.87 full-time equivalents supporting the ATIA and 19.41 full-time equivalents supporting the Privacy Act.

For clarity and greater accountability, the following table illustrates the total resources from the ATIP Operations Division and the Privacy Management Division supporting the administration of the ATIA and the Privacy Act.

Total Full-Time Equivalents (FTE) supporting the ATIA and the Privacy Act by Division
Type of FTE

ATIA

ATIP Operations

Privacy Act

ATIP Operations

Privacy Act

Privacy Management Division

 Total
Full-time employees 64.82 6.75 8.25 79.82
Part-time and casual employees 2.30 0.24 1.58 4.12
Regional staff 0.00 0.00 0.00 0.00
Consultants and agency personnel 10.56 1.10 1.28 12.94
Students 0.19 0.02 0.19 0.40
Total FTEs ATIA and Privacy Act 77.87 8.11 11.30 97.28

Governance

Initiatives related to access to information and privacy are governed through the ATIP Executive Leaders Committee. This committee is made up of executive-level representatives from across the Department who provide leadership and strategic direction on key topics and communicate them within their respective branches. The Committee is chaired by the Director General, Policy, Planning and Management Strategies Directorate, Corporate Services Branch, who is responsible for the ATIP Operations Division and the Privacy Management Division.

ATI and privacy matters requiring a higher level of oversight are also brought forward to Health Canada's Executive Committee for strategic direction.

Delegation of Authority

In keeping with Treasury Board of Canada Secretariat recommendations on best practices, the Delegation Order extends authorities to multiple positions including the Deputy Minister, the Corporate Services Branch's Assistant Deputy Minister, the Director General of Policy, Planning and Management Strategies Directorate, and the ATIP Coordinator. As appropriate, certain administrative authorities are delegated to various senior levels within the ATIP Operations Division and the Privacy Management Division to support the effective and efficient administration of the ATIAand the Privacy Act. The most recent delegation order, signed by the Minister of Health, is included in this report (Appendix A).

Openness and Transparency

Health Canada is committed to being open and transparent and continues to make more information available to Canadians. The Department continues to publish information in accordance with Part 2 of the ATIA including briefing note titles, travel and hospitality expenses, reclassification of positions, and contracts over $10,000. The Department is also committed to creating documents following accessibility guidelines and this document follows those guidelines.

COVID-19

As the pandemic progressed, Health Canada continued to play an integral role in leading a comprehensive and coordinated whole-of government response to COVID-19.

Access to Information and Privacy Operations Division

Throughout 2021-2022, the ATIP Operations Division had continuous access to the office while respecting public health measures and contact tracing requirements. Despite ongoing challenges stemming from the pandemic, the ATIP Operations Division achieved pre-pandemic production levels, and closed almost as many requests as were received in the fiscal year.

The ATIP Operations Division completed its transition to an almost exclusive paperless office. Paper records continue to be used in some situations, including handling certain classified information and to meet the needs of requestors and third parties. The Division continues to have a team dedicated to processing COVID-related files to best support the right of access of Canadians.

At times during the fiscal year, there were minor delays with the receipt and processing of paper records due primarily to short-term office restrictions stemming from local public health measures.

Privacy Management Division

The Privacy Management Division continued to provide advisory services for many initiatives aimed at responding to the COVID-19 pandemic in 2021-2022. This included privacy advice on matters such as contracts, digital solutions, the collection, use and disclosure of personal information, as well as research projects involving human subjects.

In order to meet tight timelines and high demands, in 2020-2021 the Privacy Management Division developed privacy assessments, tools and guidance documents specifically tailored to the COVID-19 response that were utilized throughout 2021-2022. The Privacy Management Division was consulted on a number of important issues, including Health Canada's implementation of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police, data collection for the rapid testing programs and implementation on new tools to increase efficiencies in staffing processes.

Capacity to Receive and Process Records in 2021-2022

Health Canada's capacity to retrieve and process paper and Secret/Top Secret electronic records operated at partial capacity throughout the fiscal year. While staff were able to search and retrieve electronic records in a timely manner, the impacts of local public health measures at times limited the ability for staff to retrieve records from offices and provide them to the ATIP Operations Division.

Detailed information about Health Canada's capacity to receive and process records can be found in the Supplemental Statistical Report on the Access to Information Act and Privacy Act (Appendix D).

Performance for 2021-2022

In 2021-2022, Health Canada received 2,740 requests (Access to Information, Access Informal and Privacy) and closed 2,469. When compared to the previous fiscal year, Health Canada received 14% more requests and closed 36% more requests. Health Canada closed almost as many Access to Information and Privacy requests as received, with productivity similar to pre-pandemic levels.

Type of Request Received Closed
Access to Information 2,153 2,036
Access Informal 368 221
Privacy 219 212
Total 2,740 2,469

The following section of the report includes an interpretation and explanation of the data contained in Health Canada's Statistical Report, which summarizes Access to Information and Privacy-related activity for the period between April 1, 2021 and March 31, 2022 (Appendix B - ATI and Appendix C - Privacy)

Access to Information Act

Requests can be made for records previously released under the ATIA, which are referred to as Access Informal Requests. Summaries of previously released ATI requests are posted monthly on the Open Government website where the public can make a request for the previously released records. This forms part of the Government of Canada's commitment to openness and transparency. Health Canada received 368 Access Informal Requests and processed 221 in 2021-2022. A total of 190 requests were carried over to the next reporting period.

Caseload, Carry Forward and Outstanding Active Requests

Throughout 2021-2022, Health Canada managed a total of 3,954 active ATI requests; 1,801 were outstanding requests from previous years while 2,153 were received during 2021-2022. Of the 1,801 requests, 1,078 were received in the 2020-2021 fiscal year while 723 were from previous years.

Health Canada closed 2,036 ATI requests and carried forward 1,918 to the 2022-2023 fiscal year. Of the 1,918 that are carried forward, 367 are within legislated timelines while 1,551 are beyond the legislated timelines. Further details of this breakdown can be found in section 3 of Appendix C.

The ATIP Operations Division is well positioned to deal with its accumulated inventory with a dedicated Backlog Team. This team has experience processing some of the oldest, largest and most complex requests.

Processing Times for Requests

Health Canada closed 842 requests (41.4%) within legislated timelines (30 days plus applicable extension) while 1,194 (58.6%) were closed past the legislated timelines. Of the 1,194 requests closed past legislated timelines (including any extensions taken):

Requests are closed past the legislated timelines for a number of reasons:

Due to the impacts of the pandemic in the previous fiscal year, it was difficult to manage the incoming requests within the legislated timelines. As a result, extensions were not taken within the first 30 calendar days on many requests for which the conditions for taking extensions were met. This contributed to a higher than normal number of files closed well past their legislative timelines.

The breakdown of the time taken to process the 2,036 requests that were closed in the 2021-2022 fiscal year is as follows:

Data Quality

Please note that small data variances may exist from year to year, including in the previously reported number of outstanding requests carried forward into the current fiscal year. Several reasons contribute to inevitable shifts in data, including requests by the Office of the Information Commissioner to re-open requests in the context of complaint resolution, and requesters seeking to divide one incoming request into several files while retaining the initial date received.

Access to Information Requests Received & Completed
text description in table below
Figure 1: ATI Requests Received and Completed each fiscal year from 2017-2018 to 2021-2022
Key Statistics by 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
2017-2018 1,806 1,612 3,418 1,808 374,021
2018-2019 1,942 1,610 3,552 2,255 955,667*
2019-2020 2,087 1,289 3,376 2,153 320,066
2020-2021 1,938 1,221 3,159 1,358 225,307
2021-2022 2,153 1,801 3,954 2,036 364,151

*A high number of pages were reviewed for eight of the requests closed in 2018-2019. These eight closed requests represent 735,402 of the 955,667 pages reviewed.

Source of Requests under the Access to Information Act

The majority of Health Canada's ATI requests come from private businesses, mostly in the health sector (pharmaceutical, medical devices, natural health products, etc.), requesting records related to their competitors and their own products. Fifty-six percent of requests received this year were from private businesses, a decrease of 4% from last year. There was a slight increase in the number of requests made by the public (+3.3%) and by the media (+2%).

A total of 6.9% of requests came from organizations, 1.6% from academia and 7.2% declined to identify which category they associate with.

Proportion of Requests among Sources

Source Number of Requests Proportion of Requests Change from 2020-2021
Business (Private Sector) 1,206 56.0% -4.0%
Public 329 15.3% +3.3%
Media 280 13.0% +2.0%
Decline to Identify 155 7.2% -0.8%
Organizations (e.g. political party, association, union) 148 6.9% -1.1%
Academia 35 1.6% +0.6%
Total 2,153 100%  

Extensions

The majority of extensions 205 (51.6%) invoked under the ATIA were due to interference with operations for requests involving a large volume of records, while 192 (48.4%) were taken to conduct consultations with third parties and other government departments.

Completing third party consultations is a necessary step in the process, enabling Health Canada to release as much information as possible. Over the last several years, at the departmental level, Health Canada has made accessible increasingly more information, continuously reassessing the balance between its commitment to openness and transparency, with the need to safeguard confidential business information. Health Canada's commitment to transparency can be at odds with the views of third parties, who can challenge Health Canada's proposed release of information, by seeking judicial review of Health Canada's intended disclosure.

Consultations Completed From Other Institutions

In addition to processing its own requests, Health Canada also completes consultations received from other institutions and organizations. In 2021-2022, Health Canada managed 258 consultations from other Government of Canada institutions (36 active at the start of the 2021-2022 fiscal year and 222 received in 2021-2022) and 34 from other organizations (3 active at the start of the 2021-2022 fiscal year and 31 received in 2021-2022). Health Canada closed 267 consultations having reviewed 17,186 pages of records. Health Canada received 41% more consultations from other Government of Canada institutions and other organizations than the previous fiscal year and closed 62% more consultation requests. In the majority of cases, Health Canada consented to full disclosure of the records.

Disposition of Completed Requests

Of the ATI requests completed in 2021-2022, 77% were either disclosed in part (62% of requests) or all disclosed (15% of requests). Eleven percent of ATI requests were abandoned, while no records existed for 11% of requests. The breakdown of the remaining 1% of 'other' completed files is as follows:

text description in table below
Figure 2: Disposition of Completed ATI Requests

Exemptions Invoked

Sections 13 to 24 of the ATIA provides specific legislated exemptions intended to protect information from disclosure, while section 26 provides a temporary exemption relating to information that will soon be published. In some instances, records may have multiple exemptions applied to them to appropriately safeguard information.

The majority (1,265) of exemptions applied were for section 19(1); this is a mandatory exemption that safeguards personal information. The application of section 20 (to protect third party information) in 275 requests required consultations to ensure that only proprietary and commercially sensitive information is protected. Section 21 (the protection of information related to government operations) was applied to 125 requests.

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, in some cases, the Privy Council Office.

In 2021-2022, 14 requests contained exclusions for publicly available material and nine requests had records pursuant to confidences of the Queen's Privy Council.

Translations

No translations were required to respond to requests in 2021-2022.

Format of Information Released

Of the requests that were fully or partially disclosed, 89 were released in paper format and 1,478 were released as electronic copies. Electronic copies are available through CD, Canada Post's Connect service or by e-mail where the attached records are small enough to support this form of distribution. Health Canada releases records in the preferred format of the requestor while encouraging the use of Canada Post's Connect Service as it provides timely and secure access to the records.

Privacy Act

Caseload and Carry forward and Outstanding Active Requests

In 2021-2022, Health Canada managed 268 active privacy requests. Of this, 219 were privacy requests received in 2021-2022 while 49 were outstanding requests from previous reporting periods.

A total of 212 privacy requests were closed and 56 privacy requests were carried forward to the 2022-2023 fiscal year. Of the 56 privacy requests carried forward to 2022-2023, 30 were carried forward within legislated timelines while 26 were carried over beyond the legislated timelines. For detailed information about outstanding requests from previous fiscal years, please see the section 1 of Appendix C.

Many of the requests received are for access to public servants' medical records, as the Public Service Occupational Health Program is operated by Health Canada. In addition, requests are received from current and former Health Canada employees who want to obtain their personal information, and from people who have applied for employment at Health Canada or the Public Health Agency of Canada, seeking the details of their applications.

Privacy Requests Received and Completed

text description in table below
Figure 3: Privacy Requests Received and Completed each fiscal year from 2017-2018 to 2021-2022
Key Statistics by 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
2017-2018 237 40 277 228 8,608
2018-2019 219 49 268 215 21,612
2019-2020 235 54 289 236 19,008
2020-2021 139 54 193 144 9,630
2021-2022 219 56 268 212 15,762

Processing Time for Requests

Health Canada responded to 142 (67%) privacy requests within legislated timelines (30 days plus applicable extensions) while 70 were closed beyond legislated timelines. The majority of those requests closed past legislated timelines were due to interference with government operations (i.e. workload and voluminous records). Please refer to section 3.7.2 of Appendix C for a breakdown of requests closed beyond legislated timelines.

In accordance with the Treasury Board of Canada Secretariat Directive on Personal Information Requests and Correction of Personal Information, Health Canada continues to notify requesters in writing of anticipated delays.

Extensions

For the 18 requests where extensions were taken, 12 were due to the interference with operations for a large volume of requests, four were to allow for the review of a large volume of pages, while the remaining were for a document that was difficult to obtain and for an internal consultation. Under the Privacy Act, 30 days is the longest extension that can be taken.

Consultations Completed from Other Institutions

Health Canada also received five consultations from other Government of Canada institutions, totaling 19 pages. All five were completed in 2021-2022.

Disposition of Completed Requests

Approximately 41% of the privacy requests completed in 2021-2022 were either disclosed in part (29% of requests) or all disclosed (12% of requests). The breakdown of the remaining files is as follows:

text description in table below
Figure 4: Disposition of Completed Privacy Requests

Exemptions Invoked

Of the 65 exemptions applied to privacy releases in 2021-2022, 59 (90.8%) were to protect the personal information of individuals other than the requester included in the records. The six remaining exemptions were related to investigations (6.2%) and solicitor-client privilege (3.0%).

Exclusions Cited

No exclusions were applied to privacy request releases made in 2021-2022.

Translations

No translations were required to respond to requests in 2021-2022.

Format of Information Released

Of the requests that were fully or partially disclosed, 12 were released in paper format, while the remaining 75 were released as electronic copies. Electronic copies are available through CD or Canada Post's Connect service. Connect is a service offered by Canada Post that provides an accessible platform through which personal information can be shared securely.

Privacy Management Division Advisory Services

During 2021-2022, the Privacy Management Division received 564 enquiries from Health Canada program clients. Requests related to COVID-19 initiatives represented 7.8% (44) of the Privacy Management Division's workload, while the majority of the analysis focused on initiatives that had been put on hold by programs due to the pandemic. Year after year, the complexity of files continues to increase, requiring in-depth privacy analysis, on an expanding range of topics.

The demand for the Privacy Management Division's services demonstrated Health Canada's commitment to appropriately handle the personal information under its control and ensuring that privacy requirements and risks were considered when new initiatives were developed and deployed.

Reporting on Fees for the Service Fees Act

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: The $5.00 application fee is the only fee charged for an ATI request.

Total Revenue: The total fee revenue for 2021--2022 was $8,965.

Fees waived: In accordance with the changes to the Access to Information Act that came into force on June 21, 2019, Health Canada may only charge an application fee of $5, as set out in paragraph 7(1)(a) of the Regulations. Pursuant to section 11 of the Access to Information Act, institutions can waive this application fee as deemed appropriate.

A total of $1,765 was waived or refunded by Health Canada in 2021-2022.

Costs for Administering the Access to Information Act

Health Canada spent a total of $7,827,324 on ATI functions in 2021-2022. Of this total, salaries and overtime costs represent $5,304,146 and goods and services costs were $2,523,178. Most of the goods and services costs ($2,249,515) were used to retain temporary resources to address outstanding active requests.

Costs for Administering the Privacy Act

Health Canada spent a total of $2,007,994 on privacy functions in 2021-2022. Of this total, salaries and overtime costs were $1,509,999. Temporary resources to support the processing of privacy requests accounted for $460,156 and other goods and services costs were $37,839.

Training and Awareness

Formal Training

Access to Information Training

An online 'Introduction to ATIP' course is available to all staff via the Canada School of Public Service and is recommended as a foundation for all departmental employees. A total of 202 employees completed this course in 2021-2022. In addition, in 2021-2022 Health Canada conducted virtual Access to Information and Privacy Request training for 2,005 employees (1,176 more employees when compared to the previous year). Training is available to groups by request and is tailored for each session to include examples that are relevant to the nature of work of the participants.

Privacy Training

During 2021-2022, the Privacy Management Division delivered a virtual privacy training session with the COVID-19 National Data Portal Workshop to support Health Canada's response to COVID-19. The Privacy Management Division also delivered a number of targeted privacy training sessions to specific groups within Health Canada about privacy, personal data and data sharing. These sessions included privacy training to programs within the Policy, Planning and Management Strategies Directorate and the Human Resources Service Directorate, as well as tailored privacy breach training to the Health Products and Food Branch. In total, approximately 628 Health Canada employees attended the Privacy Management Division's virtual training sessions.

Health Canada continues to offer privacy awareness training via its online learning tool, Privacy Basics and Privacy Impact Assessments. Approximately, 1,821 Health Canada employees completed the online training in 2021-2022. In addition, throughout the year, regular broadcast communications were sent to all employees on privacy-related matters, with the aim of supporting a culture of strong privacy awareness within Health Canada.

Right to Know Week

In 2021, Canada celebrated Right to Know Week from September 27th to October 3th. Health Canada kicked off the event with a message from the Deputy Minister, highlighting the importance of preserving the "public's right to access to government information as a fundamental pillar of our democracy". In addition, Health Canada published articles for employees on its website, outlining how to respond to an ATIP requests and promoting ATIP training.

Policies, Guidelines, Procedures and Initiatives

Treasury Board of Canada Secretariat: Access to Information Review

In June 2019, the Government of Canada passed Bill C-58, which brought forward significant amendments to the ATIA. Bill C-58 also required a full review of the ATIA within one year of the bill coming into force. In June 2020, the Treasury Board of Canada Secretariat notified Health Canada that it was conducting a review of Canada's access to information process. During Stage 1 of the review (January 2021), Health Canada consulted with all branch contacts, identified a number of issues and provided detailed feedback to the Treasury Board of Canada Secretariat. During Stage 2 of the review (August 2021), Health Canada validated key issues, provided specific input and proposed a number of potential solutions. Treasury Board of Canada Secretariat is expected to finalize the review in 2022.

Privacy Act Modernization

Health Canada has been engaged in Privacy Act Modernization efforts, led by the Department of Justice, helping to ensure that an eventual revised, modern Privacy Act addresses the realities of the Department. In particular, in March 2022 Health Canada provided a detailed submission to the Department of Justice in response to their discussion document about exemptions under a modernized Privacy Act. The response provided by Health Canada reflects the nature of its work and provided recommendations for a modernized law that would best protect important privacy interests while still facilitating Health Canada's work.

Privacy Impact Assessments and COVID-19

In 2020-2021, the Privacy Management Division worked with the Treasury Board of Canada Secretariat to implement interim privacy policies to enable a more nimble approach to assessing privacy risks for time-sensitive COVID initiatives. In accordance with the Treasury Board of Canada Secretariat interim policies, the Privacy Management Division developed a privacy checklist specifically for COVID-19 initiatives, which incorporated the privacy principles outlined in the Office of the Privacy Commissioner of Canada's April 2020 Framework for Privacy-Impactful Initiatives in Response to COVID-19. This checklist was an important tool to support Health Canada's ability to effectively assess the privacy risks of time-sensitive initiatives and programs that were deployed in response to the pandemic.

In 2021-2022, the interim policies expired; however, Health Canada received an exception to the requirements of undertaking Privacy Impact Assessments for urgent COVID-19 related initiatives. This exception was requested because of the volume of ongoing changes to Canada's border posture used to help manage the COVID pandemic.

Risk-Based Approach to Privacy Breaches

During 2020-2021, the Privacy Management Division successfully completed its pilot project to implement a risk-based approach to managing privacy breaches. The Privacy Management Division implemented this approach Department-wide during fiscal year 2021-2022. This new approach has allowed Health Canada to manage privacy breaches in a more streamlined manner where the level of effort is proportional and commensurate to the level of risk.

The COVID Alert Exposure Notification App Evaluation

In July 2020, Health Canada, in collaboration with the Canadian Digital Service, launched COVID Alert, a national COVID-19 exposure notification app, as a tool to help reduce the spread of COVID-19. The Privacy Management Division assessed the app, and new features, according to the privacy principles for contact tracing and similar apps outlined in the joint statement by Federal, Provincial and Territorial Privacy Commissioners and extensively engaged the Office of the Privacy Commissioner of Canada on the app.

In 2021-2022, as part of a commitment made in the response to the Office of the Privacy Commissioner of Canada's privacy review of the app, Health Canada undertook an evaluation to assess its activities related to the app, including adherence to the privacy principles outlined in the joint statement. An evaluation report and findings is expected to be published on Canada.ca in 2022-2023.

ATIP Coordinators' Working Group

The ATIP Coordinator's Working Group was launched in October 2018 and is comprised of ATIP Coordinators representing 30 institutions. Health Canada's ATIP Coordinator continued to co-chair the working group, which meets monthly to discuss common and emerging issues and share best practices, strategies and tools.

Notable discussions in 2021-2022 included Stage Two of the ATIA Review that is being conducted by the Treasury Board of Canada Secretariat, the creation of the Access to Information and Privacy Communities Development Office, the continued advancement of the ATIP Online Portal (Phase Three), updates to the Request Processing Software Solution Procurement, modernization efforts across ATIP Offices, and ATIP service fees.

ATIP Operations Division's Professional Development Program

The ATIP Operations Division's Professional Development Program was launched in January 2017. The ATIP Professional Development Program allows employees to progress based on performance, without the need of a competitive hiring process. In 2020, the ATIP Professional Development Program was reviewed to confirm that it was achieving its objectives and the recommendations from that review were implemented through 2021.

The ATIP Operations Division improved the ATIP Professional Development Program by:

Post-Secondary Recruitment Campaign

Health Canada led an interdepartmental ATIP-specific post-secondary recruitment campaign as an intake mechanism for junior ATIP analyst positions (PM-01). Running a large-scale recruitment campaign involved a significant investment of resources within Health Canada, an effort that was supported by several other government institutions. This campaign resulted in a partially assessed pool of 62 candidates. Health Canada hired 16 new PM-01 employees and a pool of 46 candidates was opened to all other federal government institutions.

Summary of Key Issues and Actions Taken on Complaints and Audits

Privacy Management Audit

An internal privacy audit was concluded during fiscal year 2019-2020 on the management of privacy practices at the Public Health Agency of Canada and Health Canada. The audit made four recommendations to further strengthen the management of privacy practices.

A copy of the full audit report can be found at https://www.canada.ca/en/public-health/corporate/transparency/corporate-management-reporting/internal-audits/reports/management-privacy-practices-2019.html

Complaints Management

Complaints to the Information Commissioner

In 2021-2022, 46 complaints under the ATIA were filed with the Office of the Information Commissioner for Health Canada's requests, representing an increase of 44% from the 32 filed in 2020-2021. No orders were issued to Health Canada by the Information Commissioner in 2021-2022.

Areas of complaint include deemed refusal (late), time extensions taken, and exemptions applied, in particular related to personal information and third party information. Health Canada reviews the outcomes of all Office of the Information Commissioner investigations, and where appropriate, incorporates lessons learned into business processes.

Outstanding Number of ATIA Active Complaints

Individuals and Organizations who believe federal institutions have not respected their rights under the ATIA, may ask the Office of the Information Commissioner to investigate within 60 days of receiving a release package from a federal institution. The following table lists the number of open complaints with the Information Commissioner of Canada by year.

Number of Open Complaints with the Information Commissioner of Canada that are Outstanding from Previous Reporting Periods
Fiscal Year Open Complaints Were Received by Health Canada Number of Open Complaints
Received in 2021-2022

38
Received in 2020-2021

6
Received in 2019-2020

12
Received in 2018-2019

7
Received in 2017-2018

7
Received in 2016-2017

2
Received in 2015-2016 or earlier

3
Total

75

Health Canada actively communicates and collaborates with the Office of the Information Commissioner to ensure the effective handling and resolution of complaints.

Complaints to the Privacy Commissioner

Health Canada received two complaints from the Office of the Privacy Commissioner of Canada related to the Health Canada's management of personal information. Two Letters of Findings on complaints related to the Health Canada's management of personal information were received from the Office of the Privacy Commissioner of Canada. Both complaints were determined to be not well-founded.

Outstanding Number of Active Complaints

Individuals have the right to make a complaint to the Privacy Commissioner of Canada. The following table lists the number of open complaints with the Privacy Commissioner of Canada by year.

Number of Open Complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods
Fiscal Year Open Complaints Were Received by Health Canada Number of Open Complaints

Received in 2021-2022

2

Received in 2020-2021

2

Received in 2019-2020

0

Received in 2018-2019

0

Received in 2017-2018

0

Received in 2016-2017

0

Received in 2015-2016 or earlier

0

Total

4

Health Canada actively communicates and collaborates with the Office of the Privacy Commissioner to ensure the effective handling and resolution of complaints.

Federal Court Cases

Applications & Appeals Submitted to the Federal Court

Access to Information Act

In 2021-2022, Health Canada was served with three notices of application for judicial review, all of which are ongoing as of March 2022. In total, eight court cases were active at the end of the year. These cases are summarized in Appendix E.

Privacy Act

No applications or appeals were made to the Federal Court or the Federal Court of Appeal during the 2021-2022 fiscal year.

Monitoring Compliance

ATIP Operations Division produces weekly, monthly and quarterly reports to senior management in order to monitor performance within Health Canada. This includes incoming volume of requests, number of closed requests, and timelines of retrieval of records.

The Privacy Management Division produces quarterly reports to senior management on privacy breaches, training as well as requests for privacy analysis. The Privacy Management Division supports compliance by periodically reviewing its privacy policies, procedures and practices.

Other Reporting Requirements Specific to the Privacy Act

Material Privacy Breaches

At the close of 2021-2022, Health Canada handled one material privacy breach that will be reported to the Office of the Privacy Commissioner of Canada and the Treasury Board of Canada Secretariat in 2022-2023. The incident occurred when a report was sent to an incorrect recipient. Measures were taken to contain the breach and prevent the risk of recurrence.

Privacy Compliance Evaluations

During 2021-2022, none of the COVID-19 initiatives undertaken by Health Canada resulted in the collection of personal information for an administrative purpose; therefore, no Privacy Compliance Evaluations were completed.

Privacy Impact Assessments

Two PIAs were completed during the 2021-2022 fiscal year.

1. Workplace Wellness Transformation Project

The Workplace Wellness Services Centre is a Health Canada program that provides services to Health Canada and Public Health Agency of Canada employees and managers across Canada, including Disability Management, Duty to Accommodate, and Occupational Health and Safety incident and accident reporting. The PIA assessed the WWSC's personal information handling practices. For more information, please refer to: Workplace Wellness Service Centre - Canada.ca

2. Border Program: IM/IT Modernization Project

The Border Program is a national program that conducts compliance and enforcement activities for imported health products (drugs, natural health products and medical devices) to ensure that they meet the requirements of the Food and Drugs Act and its associated regulations before they are allowed into Canada. The Privacy Impact Assessment assessed the transmission of personal information from the Canada Border Services Agency Inspectors to the Health Canada Border Program, and the Border Program's handling of personal information.

Public Interest Disclosures

During 2021-2022, there were no disclosures made under section 8(2)(m) of the Privacy Act and no section 8(5) written notifications made to the Office of the Privacy Commissioner.

Appendix A : Access to Information Act and Privacy Act - Delegation Order

alt text

Delegation of Authority Schedule

Access to Information Act

Part 1 and 3
Provision Description President ADM CSB DG PIMSD

Executive Dir, ATIP Ops

Dir, ATIP Ops
  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
Provision Description Dir, PMD Deputy Dir / Manager, ATIP Ops Team Leader/ Senior Advisor 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 No 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 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 No Yes No No No

Privacy Act

Description President ADM CSB DG PIMSD
All powers, duties and functions under the Act and Regulations Full authority
Description Executive Dir, ATIP Ops Dir, ATIP Ops Dir, PMD
All powers, duties and functions under the Act and Regulations, with noted exceptions Full authority except Sections 8(2)(j), 8(2)(m), 8(5), 9(1), 9(4), 10 Full authority except Sections 14-28 inclusively
Provision Description Deputy Dir / Manager ATIP Ops Team Leader/ Senior Advisor Senior Analyst Analyst
8(2)(j) Disclosure for research or statistical purposes No No No No
8(2)(m) Disclosure in the public interest or in the interest of the individual No No No No
8(4) Copies of requests under paragraph 8(2)(e) No No No No
8(5) Notice of disclosure under paragraph 8(2)(m) No No No No
9(1) Record of disclosures to be retained No No No No
9(4) Consistent uses No No No No
10 Personal information to be included in personal information banks No No No No
14(a) Notice where access requested Yes Yes Yes No
14(b) Giving access to the record Yes Yes No No
15 Extension of time limits Yes Yes Yes No
16 Where access is refused Yes Yes No No
17(2)(b) Language of access Yes Yes No No
17(3)(b) Access in an alternative format Yes Yes No No
18(2) Exempt banks Yes No No No
19 Information obtained in confidence Yes No No No
20 Federal-provincial affairs Yes No No No
21 International affairs and defence Yes No No No
22 Law enforcement and investigations Yes No No No
22.3 Public Servants Disclosure Protection Act Yes No No No
23 Security clearances Yes No No No
24 Individuals sentenced for an offence Yes No No No
25 Safety of individuals Yes No No No
26 Information about another individual Yes Yes No No
27 Protected information - solicitors, advocates and notaries Yes Yes No No
27.1 Protected information - patents and trade-marks Yes Yes No No
28 Medical records Yes No No No
33(2) Right to make representations No No No No
35(1)(b) Notice of actions to implement recommendations of Commissioner Yes No No No
35(4) Access to be given to complainant Yes No No No
36(3)(b) Notice of actions to implement recommendations of Commissioner concerning exempt banks Yes No No No
51(2)(b),(3) Special rules for hearings No No No No
72 Annual report to Parliament No No No No
73.1(3) Notice of Provision of services related to privacy No No No No
73.1(5) Spending authority No No No No
Privacy Regulations
7 Retention of personal information requested under paragraph 8(2)(e) No No No No
9 Examination of information Yes Yes Yes Yes
11(2),11(4) Notification concerning corrections Yes Yes Yes Yes
13(1) Disclosure of personal information relating to physical or mental health Yes Yes No No
14 Examination in presence of medical practitioner or psychologist Yes Yes No No
Legend
Yes Delegated
No No Delegation

Appendix B: Statistical Report on the Access to Information Act

Reporting period: 2021-04-01 to 2022-03-31. Data extracted on June 7, 2021.

Section 1: Requests under the Access to Information Act

1.1 Number of Requests
Category Number of requests
Received during reporting period 2,153
Outstanding from previous reporting periods 1,801
  • Outstanding from previous reporting period
 1,078  
  • Outstanding from more than one reporting period
 723
Total 3,954
Closed during reporting period 2,036
Carried over to next reporting period 1,918
  • Carried over within legislated timeline
 367  
  • Carried over beyond legislated timeline
 1,551
1.2 Sources of Requests
Source Number of requests
Media 280
Academia 35
Business (private sector) 1,206
Organization 148
Public 329
Decline to Identify 155
Total 2,153
1.3 Channels of requests
Source Number of requests
Online 2,126
E-mail 9
Mail 16
In person 0
Phone 0
Fax 2
Total 2,153

Section 2: Informal Requests

2.1 Number of informal requests
Category Number of requests
Received during reporting period 368
Outstanding from previous reporting periods 43
  • Outstanding from previous reporting period
 30  
  • Outstanding from more than one reporting period
 13
Total 411
Closed during reporting period 221
Carried over to next reporting period 190
2.2 Channels of informal requests
Source Number of requests
Online 368
E-mail 0
Mail 0
In person 0
Phone 0
Fax 0
Total 368
2.3 Completion time of informal 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
32 7 23 11 13 135 0 221
2.4 Pages released informally
Less Than 100
Pages Released		 100 to 500
Pages Released		 501 to 1,000
Pages Released		 1,001 to 5,000
Pages Released		 More Than 5,000
Pages Released
Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released
80 2,056 45 10,717 11 7,393 6 12,051 1 23,918
2.5 Pages re-released informally
Less Than 100
Pages Re-released		 100 to 500
Pages Re-released		 501 to 1,000
Pages Re-released		 1,001 to 5,000
Pages Re-released		 More Than 5,000
Pages Re-released
Number of Requests Pages Re-released Number of Requests Pages Re-released Number of Requests Pages Re-released Number of Requests Pages Re-released Number of Requests Pages Re-released
52 1,856 19 5,427 3 2,075 3 5,785 1 23,918

Section 3: Applications to the Information Commissioner on Declining to Act on Requests

Category Number of requests
Outstanding from previous reporting period 0
Sent during reporting period 0
Total 0
Approved by the Information Commissioner during reporting period 0
Declined by the Information Commissioner during reporting period 0
Withdrawn during reporting period 0
Carried over to next reporting period 0

Section 4: Requests Closed During the Reporting Period

4.1 Disposition and completion time
Disposition of 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
All disclosed 5 35 31 128 27 35 44 305
Disclosed in part 20 144 61 363 191 208 275 1,262
All exempted 0 1 0 8 0 0 0 9
All excluded 0 0 0 0 1 0 0 1
No records exist 46 92 43 25 9 4 5 224
Request transferred 8 1 1 0 0 0 0 10
Request abandoned 63 41 14 19 3 5 79 224
Neither confirmed nor denied 0 0 1 0 0 0 0 1
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 142 314 151 543 231 252 403 2,036
4.2 Exemptions
Section Number of requests
13(1)(a) 11
13(1)(b) 2
13(1)(c) 13
13(1)(d) 2
13(1)(e) 0
14 9
14(a) 15
14(b) 12
15(1) 3
15(1) - International Affairs 6
15(1) - Defence of Canada 1
15(1) - Subversive Activities 1
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 1
16(1)(c) 8
16(1)(d) 1
16(2) 16
16(2)(a) 0
16(2)(b) 0
16(2)(c) 42
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 1
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
16.6 0
17 6
18(a) 3
18(b) 0
18(c) 1
18(d) 1
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 1
19(1) 1,265
20(1)(a) 7
20(1)(b) 171
20(1)(b.1) 2
20(1)(c) 85
20(1)(d) 17
20.1 0
20.2 0
20.4 0
21(1)(a) 52
21(1)(b) 61
21(1)(c) 12
21(1)(d) 0
22 7
22.1(1) 0
23 49
23.1 0
24(1) 4
26 0
4.3 Exclusions
Section Number of requests
68(a) 14
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 6
69(1)(a) 1
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 2
69(1)(f) 1
69(1)(g) re (a) 16
69(1)(g) re (b) 0
69(1)(g) re (c) 11
69(1)(g) re (d) 1
69(1)(g) re (e) 11
69(1)(g) re (f) 13
69.1(1) 0
4.4 Format of Information Released
Paper Electronic: E-record Electronic: Data set Electronic: Video Electronic: Audio Other
89 1,478 0 0 0 0

4.5 Complexity

4.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of Pages Processed Number of Pages Disclosed Number of Requests
364,151 297,533 1,802
4.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests
Disposition Less than 100
pages processed		 100 to 500
pages processed		 501 to 1,000
pages processed		 1,001 to 5,000
pages processed		 More than 5,000 pages processed
Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed
All disclosed 268 6,317 31 7,023 1 962 4 12,840 1 5,755
Disclosed in part 664 18,461 473 129,166 83 52,896 38 61,763 4 29,831
All exempted 7 61 1 117 0 0 1 1,426 0 0
All excluded 1 0 0 0 0 0 0 0 0 0
Request abandoned 212 301 6 1,076 2 1,821 3 8,639 1 25,696
Neither confirmed nor denied 1 0 0 0 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0 0 0
Total 1,153 25,140 511 137,382 86 55,679 46 84,668 6 61,282
4.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed Number of Minutes Disclosed Number of Requests
0 0 0
4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition Less than 60 minutes processed 60 to 120 minutes processed More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed Number of Minutes Disclosed Number of Requests
0 0 0
4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition Less than 60 minutes processed 60 to 120 minutes processed More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0 0 0
Total 0 0 0 0 0 0
4.5.7 Other Complexities
Disposition Consultation Required Legal Advice Sought Other Total
All disclosed 147 2 23 172
Disclosed in part 769 28 132 929
All exempted 6 0 3 9
All excluded 1 1 0 2
Request abandoned 0 0 0 0
Neither confirmed nor denied 0 0 0 0
Declined to act with the approval of the Information Commissioner 0 0 0 0
Total 923 31 158 1,112

4.6 Closed Requests

4.6.1 Requests Closed Within Legislated Timelines
Category Requests Closed Within Legislated Timelines
Number of requests closed within legislated timelines 842
Percentage of requests closed within legislated timelines (%) 41.4%

4.7 Deemed Refusals

4.7.1 Principal reasons for Not Meeting Legislated Timelines
Total Number of requests closed past the legislated timelines Interference with Operations / Workload External Consultation Internal Consultation Other
1,194 546 106 21 521
4.7.2 Requests Closed Beyond Legislated Timelines (including any extension taken)
Number of days past legislated timelines Number of requests past legislated timeline where no extension was taken Number of requests past legislated timeline where an extension was taken Total
1 to 15 days 61 58 119
16 to 30 days 44 56 100
31 to 60 days 66 96 162
61 to 120 days 86 74 160
121 to 180 days 56 65 121
181 to 365 days 89 132 221
More than 365 days 131 180 311
Total 533 661 1,194
4.8 Requests for Translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 5: Extensions

5.1 Reasons for Extensions and Disposition of Requests
Disposition of Requests Where an Extension was Taken 9(1)(a) Interference with Operations / Workload 9(1)(b) Consultation: Section 69 9(1)(b) Consultation: Other 9(1)(c) Third Party Notice
All disclosed 13 0 11 166
Disclosed in part 206 14 66 755
All exempted 0 0 1 5
All excluded 0 0 1 0
Request abandoned 29 2 14 41
No records exist 3 1 3 3
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 251 17 96 970
5.2 Length of Extensions
Length of Extensions 9(1)(a) Interference with Operations / Workload 9(1)(b) Consultation: Section 69 9(1)(b) Consultation: Other 9(1)(c) Third Party Notice
30 days or less 164 2 18 3
31 to 60 days 43 2 44 936
61 to 120 days 24 12 23 28
121 to 180 days 9 1 3 3
181 to 365 days 8 0 8 0
365 days or more 3 0 0 0
Total 251 17 96 970

Section 6: Fees

Fee type Fee collected Fee waived Fee refunded
Number of requests Amount Number of requests Amount Number of requests Amount
Application 1,793 $8,965.00 353 $1,765.00 7 $35.00
Other fees 0 $0.00 0 $0.00 0 $0.00
Total 1,793 $8,965.00 353 $1,765.00 7 $35.00

Section 7: Consultations Received From Other Institutions and Organizations

7.1 Consultations Received from Other Government of Canada Institutions and Organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during the reporting period 222 15,495 31 1,952
Outstanding from the previous reporting period 36 2,497 3 257
Total 258 17,992 34 2,209
Closed during the reporting period 235 15,717 32 1,469
Carried over within negotiated timelines 7 379 2 740
Carried over beyond negotiated timelines 16 1,896 0 0
7.2 Recommendations and Completion Time for Consultations Received from Other Government of Canada Institutions
Recommendation 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 35 60 52 26 3 3 3 182
Disclose in part 1 2 2 6 3 1 0 15
Exempt entirely 0 0 1 0 0 0 0 1
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 3 3 7 1 0 1 0 15
Other 8 6 5 0 0 2 1 22
Total 47 71 67 33 6 7 4 235
7.3 Recommendations and Completion Time for Consultations Received from Other Organizations outside the Government of Canada
Recommendation 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 8 8 4 4 1 0 0 25
Disclose in part 0 1 1 2 0 1 0 5
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 1 1 0 0 0 0 0 2
Other 0 0 0 0 0 0 0 0
Total 9 10 5 6 1 1 0 32

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 Requests with Legal Services
Number of days Fewer than 100 pages processed 100 to 500 pages processed 501 to 1,000 pages processed 1,001 to 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 7 164 0 0 0 0 0 0 0 0
16 to 30 10 79 0 0 0 0 0 0 0 0
31 to 60 2 18 1 86 0 0 0 0 0 0
61 to 120 4 25 1 3 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 2 0 0 0 0 0 0 0 0 0
More than 365 6 9 0 0 0 0 0 0 0 0
Total 31 295 2 89 0 0 0 0 0 0
8.2 Requests with Privy Council Office
Number of days Fewer than 100 pages processed 100 to 500 pages processed 501 to 1,000 pages processed 1,001 to 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 1 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 1 0 0 0 0 0 0 0 0 0
61 to 120 0 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 2 0 0 0 0 0 0 0 0 0

Section 9: Investigations and Reports of finding

9.1 Investigations
Section 32 Notice of intention to investigate Subsection 30(5) Ceased to investigate Section 35 Formal representations
46 1 8
9.2 Investigations and Reports of finding
Section 37(1) Initial Reports: Received Section 37(1) Initial reports: Containing recommendations issues by the Information Commissioner Section 37(1) Initial reports: Containing orders issued by the Information Commissioner Section 37(2) Final Reports: Received Section 37(2) Final reports: Containing recommendations issued by the Information Commissioner Section 37(2) Final reports: Containing orders issued by the Information Commissioner
14 14 0 43 14 0

Section 10: Court Action

10.1 Court actions on complaints
Section 41: Complainant (1) Section 41: Institution (2) Section 41: Third Party (3) Section 41: Privacy Commissioner (4) Total
0 1 0 0 1
10.2 Court actions on third party notifications under paragraph 28(1)(b)
Section 44 - under paragraph 28(1)(b)
11

Section 11: Resources Related to the Access to Information Act

11.1 Allocated Costs
Expenditures Amount
Salaries $5,222,200
Overtime $81,946
Goods and Services $2,523,178
Professional services contracts $2,249,515
Other $273,663
Total $7,827,324
11.2 Human resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 64.818
Part-time and casual employees 2.304
Regional staff 0.000
Consultants and agency personnel 10.560
Students 0.192
Total 77.874

Appendix C: Statistical Report on the Privacy Act

Reporting period: 2021-04-01 to 2022-03-31. Data extracted on June 7, 2021.

Section 1: Requests under the Privacy Act

1.1 Number of Requests
Category Number of requests
Received during reporting period 219
Outstanding from previous reporting periods 49
  • Outstanding from previous reporting period
 34  
  • Outstanding from more than one reporting period
 15
Total 268
Closed during reporting period 212
Carried over to next reporting period 56
  • Carried over within legislated timeline
 30  
  • Carried over beyond legislated timeline
 26
1.2 Channels of Requests
Source Number of requests
Online 212
E-mail 1
Mail 5
In person 0
Phone 0
Fax 1
Total 219

Section 2: Informal Requests

2.1 Number of informal requests
Category Number of requests
Received during reporting period 0
Outstanding from previous reporting periods 0
  • Outstanding from previous reporting period
 0  
  • Outstanding from more than one reporting period
 0
Total 0
Closed during reporting period 0
Carried over to next reporting period 0
2.2 Channels of informal requests
Source Number of requests
Online 0
E-mail 0
Mail 0
In person 0
Phone 0
Fax 0
Total 0
2.3 Completion time of informal 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
0 0 0 0 0 0 0 0
2.4 Pages released informally
Less Than 100
Pages Released		 100 to 500
Pages Released		 501 to 1,000
Pages Released		 1,001 to 5,000
Pages Released		 More Than 5,000
Pages Released
Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released Number of Requests Pages Released
0 0 0 0 0 0 0 0 0 0

Section 3: Requests Closed During the Reporting Period

3.1 Disposition and completion time
Disposition of 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
All disclosed 6 6 6 5 1 1 1 26
Disclosed in part 2 14 17 7 8 8 5 61
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 23 11 5 1 1 0 0 41
Request abandoned 61 8 9 3 1 1 1 84
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 92 39 37 16 11 10 7 212
3.2 Exemptions
Section Number of requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 4
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
22.4 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 59
27 2
27.1 0
28 0
3.3 Exclusions
Section Number of requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1) 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0
3.4 Format of Information Released
Paper Electronic: E-record Electronic: Data set Electronic: Video Electronic: Audio Other
12 75 0 0 0 0

3.5 Complexity

3.5.1 Relevant Pages Processed and Disclosed for paper and e-record formats
Number of Pages Processed Number of Pages Disclosed Number of Requests
15,762 13,309 171
3.5.2 Relevant Pages Processed by Request Disposition for paper and e-record formats by Size of Requests
Disposition Less than 100 pages processed 100 to 500 pages processed 501 to 1,000 pages processed 1,001 to 5,000 pages processed More than 5,000 pages processed
Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed Number of requests Pages processed
All disclosed 26 310 0 0 0 0 0 0 0 0
Disclosed in part 33 1,002 19 4,265 4 2,446 5 7,739 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 84 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 143 1,312 19 4,265 4 2,446 5 7,739 0 0
3.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed Number of Minutes Disclosed Number of Requests
0 0 0
3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition Less than 60 minutes processed 60 to 120 minutes processed More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 0 0 0 0 0 0
3.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed Number of Minutes Disclosed Number of Requests
0 0 0
3.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition Less than 60 minutes processed 60 to 120 minutes processed More than 120 minutes processed
Number of requests Minutes processed Number of requests Minutes processed Number of requests Minutes processed
All disclosed 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0
All exempted 0 0 0 0 0 0
All excluded 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0
Total 0 0 0 0 0 0
3.5.7 Other Complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 2 2
Disclosed in part 2 1 1 6 10
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 2 1 1 8 12

3.6 Closed Requests

3.6.1 Number of Requests Closed Within Legislated Timelines
Category Requests Closed Within Legislated Timelines
Number of requests closed within legislated timelines 142
Percentage of requests closed within legislated timelines (%) 67.0%

3.7 Deemed Refusals

3.7.1 Reasons for Not Meeting Legislated Timelines
Total Number of requests closed past the statutory deadline Interference with Operations / Workload External Consultation Internal Consultation Other
70 53 0 0 17
3.7.2 Requests Closed Beyond Legislated Timelines (including any extension taken)
Number of days past deadline Number of Requests Past Legislated Timeline Where No Extension was Taken Number of Requests Past Legislated Timeline Where an Extension was Taken Total
1 to 15 days 17 1 18
16 to 30 days 9 0 9
31 to 60 days 9 1 10
61 to 120 days 11 1 12
121 to 180 days 7 1 8
181 to 365 days 7 0 7
More than 365 days 3 3 6
Total 63 7 70
3.8 Requests for Translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Section 4: Disclosures under Subsections 8(2) and 8(5)

Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
6 0 0 6

Section 5: Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Section 6: Extensions

6.1 Reasons for Extensions and Disposition of Requests
Reason for Extension Number of Requests Where an Extension was Taken
15(a)(i) Interference with Operations: Further Review Required to Determine Exemptions 0
15(a)(i) Interference with Operations: Large Volume of Pages 4
15(a)(i) Interference with Operations: Large Volume of Requests 12
15(a)(i) Interference with Operations: Documents are Difficult to Obtain 1
15(a)(ii) Consultation: Cabinet Confidence (Section 70) 0
15(a)(ii) Consultation: External 0
15(a)(ii) Consultation: Internal 1
15(b) Translation Purposes or Conversion 0
Total 18
6.2 Length of Extensions
Reason for Extension 1 to 15 days 16 to 30 days 31 days or greater Total
15(a)(i) Interference with Operations: Further Review Required to Determine Exemptions 0 0   0
15(a)(i) Interference with Operations: Large Volume of Pages 0 4   4
15(a)(i) Interference with Operations: Large Volume of Requests 0 12   12
15(a)(i) Interference with Operations: Documents are Difficult to Obtain 0 1   1
15(a)(ii) Consultation: Cabinet Confidence (Section 70) 0 0   0
15(a)(ii) Consultation: External 0 0   0
15(a)(ii) Consultation: Internal 0 1   1
15(b) Translation Purposes or Conversion 0 0 0 0

Section 7: Consultations Received From Other Institutions and Organizations

7.1 Consultations Received from Other Government of Canada Institutions and Other Organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during reporting period 5 19 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 5 19 0 0
Closed during the reporting period 5 19 0 0
Carried over within negotiated timelines 0 0 0 0
Carried over beyond negotiated timelines 0 0 0 0
7.2 Recommendations and Completion Time for Consultations Received from Other Government of Canada Institutions
Recommendation 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 2 1 1 0 0 0 0 4
Disclose in part 0 0 0 0 0 0 0 0
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 1 0 0 0 0 1
Other 0 0 0 0 0 0 0 0
Total 2 1 2 0 0 0 0 5
7.3 Recommendations and Completion Time for Consultations Received from Other Organizations outside the Government of Canada
Recommendation 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 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
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 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Section 8: Completion Time of Consultations on Cabinet Confidences

8.1 Requests with Legal Services
Number of days Fewer than 100 pages processed 100 to 500 pages processed 501 to 1,000 pages processed 1,001 to 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 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 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 0 0 0 0 0 0 0 0 0 0
8.2 Requests with Privy Council Office
Number of days Fewer than 100 pages processed 100 to 500 pages processed 501 to 1,000 pages processed 1,001 to 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 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 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 0 0 0 0 0 0 0 0 0 0

Section 9: Complaints and Investigation Notices Received

Section 31 Section 33 Section 35 Court Action Total
4 2 2 0 8

Section 10: Privacy Impact Assessments (PIA) and Personal Information Banks (PIB)

10.1 Privacy Impact Assessments
Number of PIA(s) Completed 2
Number of PIA(s) Modified 0
10.2 Institution-Specific and Central Personal Information Banks
Personal Information Banks Active Created Terminated Modified
Institution-specific 52 8 2 0
Central 0 0 0 0
Total 52 8 2 0

Section 11: Privacy Breaches

11.1 Material Privacy Breaches Reported
Number of material privacy breaches reported to TBS 0
Number of material privacy breaches reported to OPC 0
11.2 Non-Material Privacy Breaches
Number of non-material privacy breaches 78

Section 12: Resources Related to the Privacy Act

12.1 Allocated Costs

Expenditures Amount
Salaries $1,488,649
Overtime $21,350
Goods and Services $497,995
Professional services contracts $460,156
Other $37,839
Total $2,007,994

12.2 Human Resources

Resources Person Years Dedicated to Privacy Activities
Full-time employees 14.999
Part-time and casual employees 1.825
Regional staff 0.000
Consultants and agency personnel 2.378
Students 0.207
Total 19.409

Appendix D: Supplemental Statistical Report on the Access to Information Act and Privacy Act

In addition to completing the forms for the Statistical Reports on the ATIA and Privacy Act for 2021-2022, institutions were asked to complete this Supplemental Report to help identify the institutional capacity during COVID-19. The data requirements are set out in the tables below.

Section 1: Capacity to Receive Requests under the Access to Information Act and Privacy Act

1.1 The following table reports the number of weeks Health Canada was able to receive ATIP requests through different channels.
Time period Number of Weeks
Able to receive requests by mail 52
Able to receive requests by email 52
Able to receive requests through the digital request service 52

Section 2: Capacity to Process Records under the Access to Information Act and Privacy Act

2.1 The following table reports the number of weeks Health Canada was able to process paper records in different classification levels.
Type of Paper Record No Capacity Partial Capacity Full Capacity Total
Unclassified Paper Records 0 52 0 52
Protected B Paper Records 0 52 0 52
Secret and Top Secret Paper Records 0 52 0 52
2.2 The following table reports the total number weeks Health Canada was able to process electronic records in different classification levels.
Type of Electronic Record No Capacity Partial Capacity Full Capacity Total
Unclassified Electronic Record 0 0 52 52
Protected B Electronic Record 0 0 52 52
Secret and Top Secret Electronic Record 0 52 0 52

Section 3: Open Requests and Complaints under the Access to Information Act

3.1 The following table reports the number of open requests that are outstanding from previous reporting periods.
Fiscal Year Open Requests Were Received Open Requests that are Within Legislated Timelines as of March 31, 2022 Open Requests that are Beyond Legislated Timelines as of March 31, 2022 Total
Received in 2021-2022 343 581 924
Received in 2020-2021 9 508 517
Received in 2019-2020 8 213 221
Received in 2018-2019 6 135 141
Received in 2017-2018 0 76 76
Received in 2016-2017 0 27 27
Received in 2015-2016 or earlier 1 11 12
Total 367 1,551 1,918
3.2 The following table reports the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.
Fiscal Year Open Complaints were Received by Institution Number of Open Complaints
Received in 2021-2022 38
Received in 2020-2021 6
Received in 2019-2020 12
Received in 2018-2019 7
Received in 2017-2018 7
Received in 2016-2017 2
Received in 2015-2016 or earlier 3
Total 75

Section 4: Open Requests and Complaints under the Privacy Act

4.1 The following table reports the number of open requests that are outstanding from previous reporting periods.
Fiscal Year Open Requests Were Received Open Requests that are Within Legislated Timelines as of March 31, 2022 Open Requests that are Beyond Legislated Timelines as of March 31, 2022 Total
Received in 2021-2022 28 13 41
Received in 2020-2021 1 3 4
Received in 2019-2020 1 7 8
Received in 2018-2019 0 0 0
Received in 2017-2018 0 0 0
Received in 2016-2017 0 0 0
Received in 2015-2016 or earlier 0 3 3
Total 30 26 56
4.2 The following table reports the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.
Fiscal Year Open Complaints were Received by Institution Number of Open Complaints
Received in 2021-2022 2
Received in 2020-2021 2
Received in 2019-2020 0
Received in 2018-2019 0
Received in 2017-2018 0
Received in 2016-2017 0
Received in 2015-2016 or earlier 0
Total 4

Section 5: Social Insurance Number (SIN)

Health Canada did not receive authority for a new collection or new consistent use of the SIN.

Appendix E: Federal Court Review

Actial Farmaceutical S.R.L. v. Minister of Health

In January 2020, Actial Farmaceutical filed for judicial review of a Health Canada decision issued to Ferring Inc. to partially release records related to the natural health products VSL#3®. This application raises the issues of whether Actial has standing to bring the application given the decision was issued to Ferring Inc. and whether the disputed information is exempt from disclosure.

Apotex Inc. v. Minister of Health and Attorney General of Canada

In August 2019, Apotex filed for judicial review of the decision to release records related to a drug product that had been withdrawn from assessment. The fact that it was withdrawn impacts the records that may already publicly exist.

A motion for an Order for production of documents under Rules 317 and 318 of the Federal Courts Rules, S.O.R./98-106 was scheduled to be heard on December 18, 2020, however the Court adjourned the motion and ordered this matter to be held in abeyance pending a decision being rendered in another case concerning a similar request.

Apotex Inc. V. Minister of Health and Attorney General of Canada

On December 9, 2021, the Applicant filed for judicial review challenging the decision of the Minister of Health dated November 19, 2021 to release records with respect to certain drug products in response to an ATI request. The Applicant opposes the disclosure of information alleging confidentiality and that the information is not responsive to the request and is therefore out of scope.

On December 29, 2021, the Applicant filed a second application for judicial review challenging the decision of the Minister of Health dated December 10, 2021 on similar records and for similar reasons.

On January 17, 2022, the Court ordered that the files be jointly case managed. A motion for an Order for production of documents under Rules 317 and 318 of the Federal Courts Rules, S.O.R./98-106 was filed. This motion is currently being held in abeyance pending a decision being rendered in another case.

Apotex Inc. v. Minister of Health and Attorney General of Canada

On January 25, 2022, the Applicant filed for judicial review in the Federal Court. The Applicant is challenging the decision of the Minister of Health dated January 6, 2022 to release records and documents with respect to certain drug products in response to an ATI request.

The Applicant opposes the disclosure of information it considers confidential and alleged that the Minister lacked procedural fairness in rendering the decision.

A motion for an Order for production of documents under Rules 317 and 318 of the Federal Courts Rules, S.O.R./98-106 was filed. This motion is currently being held in abeyance pending a decision being rendered in another case.

Bayer Inc. V. Minister of Health and Attorney General of Canada

On December 15, 2021, the Applicant filed for judicial review challenging the decision of the Minister of Health dated November 25, 2021 to release records in response to an ATI request. The Applicant opposes the disclosure of information it considers confidential and alleges the disclosure could harm its competitive position. A motion for an Order for production of documents under Rules 317 and 318 of the Federal Courts Rules, S.O.R./98-106 was filed. This motion is currently being held in abeyance pending a decision being rendered in another case.

Elanco Canada Limited v. Canada (Minister of Health)

Elanco sought review of a decision by the Minister of Health, to disclose information related to Fortekor Flavour Tabs, that Elanco considered to be confidential. On November 19, 2019, the Federal Court found the Minister of Health's decision to disclose the records was invalid and costs were awarded against Canada. Canada appealed the decision, and the Federal Court of Appeal has set aside the original judgement, which it found was worded too broadly, contrary to section 25 of the Access to Information Act. The matter has been remitted back to the Federal Court, which has not yet issued its new decision.

Information Commissioner of Canada (Molly Haynes and Patrick Cain) v. Minister of Health

Three complainants filed individual applications for judicial review on June 15, 2020, which the Federal Court consolidated. In all three requests, Health Canada refused to disclose the first three characters of postal codes (Forward Sortation Area or FSA) of producers and users of medical cannabis on the grounds that the FSA constitutes personal information because of the serious risk of re-identifying the individuals to whom the FSA relates. The Information Commissioner, representing the complainants, takes the position that the FSAs should have been disclosed where individuals could not be identified. An independent expert was retained by Health Canada to opine on the risk of re-identification and his report was served on March 24, 2021.

The Office of the Privacy Commissioner (OPC) was granted intervener status. Canada's position is that the additional characters of the postal codes in all three requests also cannot reasonably be severed further under section 25. The severance proposed by the OIC could give rise to a serious possibility of re-identification if the FSA is used in combination with other available information. Severing the remaining characters would not only risk re-identification of these individuals, but would prove too onerous and beyond the requirements of section 25. Further, the public interest in obtaining this information does not outweigh any invasion of privacy that could result from the disclosure. The hearing took place on February 7, 2022 and the Court reserved its judgment.

Clayton McCann v. the Attorney General of Canada (Dismissed)

On March 10, 2021, the Applicant filed for judicial review concerning the Office of the Information of Canada's Final Report, wherein Health Canada missed the deadline to respond to a request under the Access to Information Act and failed to disclose the requested information. The Office of the Information Commissioner's Final Report concluded the complaint as "Well Founded". In November 2021, the Federal Court dismissed the application for judicial review.

Novo Nordisk Canada Inc. v. Minister of Health and Attorney General of Canada (Discontinued)

Filed on June 9, 2020, this application for judicial review relates to the release of records pertaining to the removal of the Canadian patent No. 2,601,784 from the Patent Register. Novo Nordisk challenged the disclosure on records stating they contain personal information or that they fall outside the scope of the request. On June 8, 2021, the Applicant filed a discontinuance without costs on consent.

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 (3) private medical clinics (the Applicants) filed individual applications for judicial review of the federal Minister of Health's decision to release part of their audit reports to a requester under the Access to Information Act (ATIA). Health Canada obtained the audit reports from Alberta Health, which did not request that the audit reports be kept confidential. The audit reports relate to the annual enrollment and membership fees charged by the Applicants.

Following an appeal, the Federal Court granted the Applicants' request for documents held by Health Canada under Rule 317 of the Federal Court Rules. In April 2021, Canada appealed this decision.

Samsung Electronics Canada Inc. v. Minister of Health (Discontinued)

In September 2018, Samsung filed an application 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, as they believed them to be confidential commercial information that could impact its competitive and financial position. The Federal Court dismissed the application and noted that Parliament did not intend to exempt the type of information at issue and that this information relates to public safety and is not commercial information.

Samsung initially appealed the Federal Court's conclusion but ultimately discontinued the appeal on November 23, 2021.

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