Language selection

Government of Canada / Gouvernement du Canada

Search

Health Canada annual report on the Access to Information Act and the Privacy Act: Annual report 2022 to 2023

Download the alternative format
(PDF format, 891 KB, 55 pages)

Organization: Health Canada

Published: 2023-11-07

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, 2022 and ending March 31, 2023.

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 of Health Canada’s Corporate Services Branch. ATIP Operations Division manages the processing of requests under both the ATIA and 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 issued by 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. In addition, ATIP Operations Division promotes awareness of ATIP obligations and provides ATIP training to staff.

The ATIP Operations Division was fully operational throughout 2022-2023. Many of the measures implemented during the COVID-19 pandemic are still in place, including the increased reliance on digital systems, as they have improved the efficiency and effectiveness of the Division.

In 2022–2023, there were 87.67 full-time equivalents within the 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:

Throughout 2022-2023, the Privacy Management Division was fully operational and comprised 10.82 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 2022-2023, there were a total of 98.49 full-time equivalents supporting the administration of the ATIA and the Privacy Act. This comprised 77.46 full-time equivalents supporting the ATIA and 21.03 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 Division		 Privacy Act
ATIP Operations Division		 Privacy Act
Privacy Management Division		 Total
Full-time employees 63.65 8.38 7.40 79.43
Part-time and casual employees 4.00 0.53 2.49 7.02
Regional staff 0.00 0.00 0.00 0.00
Consultants and agency personnel 9.61 1.27 0.68 11.56
Students 0.20 0.03 0.25 0.48
Total FTEs ATIA  and Privacy Act 77.46 10.21 10.82 98.49

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 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 delegation order that was in effect at the end of 2022-2023 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.

Part 2 of the Access to Information Act and proactive publication of information

Health Canada is a government institution that is listed in Schedule I of the Financial Administration Act for the purposes of Part 2 of the ATIA.

The ATIP Operations Division worked with the Strategic Policy Branch, Chief Financial Officer Branch, Corporate Services Branch and the Communications and Public Affairs Branch to ensure that records identified under Part 2 of the Access to Information Act are proactively published. Health Canada leveraged existing procedures to facilitate the proactive publication of information.

The processing of records for proactive publication involves several steps. Many of these steps are automated and an efficient approval process was implemented. A front-end approach for translation and ATI review has been established. Branches proactively identify information that may be subject to valid exceptions and ensure that briefing materials are prepared such that they can be readily published on the website.

The Strategic Policy Branch is responsible for proactively publishing the records listed in the table below for the Ministers Office and on behalf of Health Canada. In 2022-2023, the Strategic Policy Branch published all applicable proactive requirements within legislated timelines. Please see the following table for the details.

For the Minister’s Office Number of times the requirement was published Published within legislated timelines
Briefing packages prepared by the institution for new or incoming Ministers n/a n/a
Titles and tracking numbers of briefing notes prepared by Health Canada for the Minister 12 Yes
Question period binders 2 Yes
Binders for the Ministers’ Parliamentary Committee appearances 5 Yes
On behalf of Health Canada
Reports tabled in Parliament 2 Yes
Briefing packages for new or changing deputy heads n/a n/a
Titles and tracking number of briefing notes to deputy heads 12 Yes
Binders for Parliamentary Committee appearances prepared for the deputy head or equivalent for the purpose of the appearance 3 Yes

The Chief Financial Officer Branch is responsible for proactively publishing the records listed in the table below for the Ministers Office and on behalf of Health Canada. In 2022-2023, the Chief Financial Officer Branch proactively disclosed all applicable proactive requirements within legislated timelines. Please see the following table for the details.

For the Minister’s Office Number of times the requirement was published Published within legislated timelines
Travel and hospitality expenses 12 Yes
Contracts over $10,000, including contract amendments 4 Yes
Annual reports on all expenses incurred by the Minister’s Office
*Published by TBS on behalf of all institutions		 1 Yes
On behalf of Health Canada
Travel and hospitality expenses of senior officials 12 Yes
Contracts over $10,000, including contract amendments 4 Yes
Grants and contributions over $25,000, including amendments 4 Yes

The Corporate Services Branch is responsible for proactively publishing records related to the reclassification of positions. In 2022-2023, the Corporate Services Branch published all notices for reclassification of position within legislated timelines. Please see the following table for the details.

On behalf of Health Canada Number of times the requirement was published Published within legislated timelines
Reclassification of positions 4 Yes

The Communications and Public Affairs Branch is responsible for publishing records to the Government of Canada’s Open Government website. Records that have been proactively published can be found on Canada.ca.

Capacity to receive and process records in 2022-2023

Health Canada received and processed ATIP requests at all classification levels throughout the year. The department received requests by mail, email, and through the digital request service.

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 2022-2023

In 2022-2023, Health Canada received 2,811 requests (Access to Information, Access Informal and Privacy) and closed 2,623. When compared to the previous fiscal year, Health Canada received 2.6% more requests and closed 6% more requests.

Type of Request Received Closed
Access to Information 1,687 1,679
Access Informal 916 723
Privacy 208 221
Total 2,811 2,623

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, 2022 and March 31, 2023 (Appendix B – ATI and Appendix C – Privacy)

Access to Information Act

Access Informal Requests

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 916 Access Informal requests and processed 723 in 2022-2023. A total of 383 requests were carried over to the next reporting period.

Caseload, carry forward and outstanding active ATI requests

Throughout 2022-2023, Health Canada managed a total of 3,600 active ATI requests; 1,913 were outstanding requests from previous years while 1,687 were received during 2022-2023. Of the 1,913 outstanding requests, 923 were received in the 2021-2022 fiscal year while 990 were from previous years. Further details of the breakdown for outstanding requests from previous years can be found in Section 3.1 of Appendix C.

Health Canada closed 1,679 ATI requests and carried forward 1,921 to the 2023-2024 fiscal year. Of the 1,921 that are carried forward, 369 are within legislated timelines while 1,552 are beyond the legislated timelines. Further details of this breakdown can be found in section 1 of Appendix B.

A high volume of requests were carried forward. This is largely due to the pandemic and its impact to operations early on. The 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.

Although Health Canada received and closed fewer requests when compared to the previous fiscal year, it reviewed more pages in 2022-2023. In the previous fiscal year, 364,151 pages were reviewed and 2036 requests were closed while 385,225 pages were reviewed and 1,679 requests were closed in 2022-2023.

Processing times for requests

In 2022-2023, Health Canada closed a total of 1,679 requests. Below is the breakdown of the time taken to process these requests:

Of the 1,679 requests that Health Canada closed in 2022-2023, 760 requests (45%) were closed within legislated timelines (30 days plus applicable extension) while 919 (55%) were closed past the legislated timelines.

The breakdown of the time taken to the 919 process requests closed past legislated timelines (including any extensions taken) is as follows:

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

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 ATI 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

Figure 1. ATI requests received and completed each fiscal year from 2018-2019 to 2021-2022
Figure 1. Text version below.
Figure 1 - Text description

The graph shows the ATI requests received and completed each fiscal year from 2018-2019 to 2022-2023.

For 2018-2019, the blue column shows that 1,942 requests were received; the green column shows that 2,255 requests were completed.

For 2019-2020, the blue column shows that 2,087 requests were received; the green column shows that 2,153 requests were completed.

For 2020-2021, the blue column shows that 1,938 requests were received; the green column shows that 1,358 requests were completed.

For 2021-2022, the blue column shows that 2,153 requests were received; the green column shows that 2,036 requests were completed.

For 2022-2023, the blue column shows that 1,687 requests were received; the green column shows that 1,679 requests were completed.

Key statistics by fiscal year
Fiscal Year Number of requests received Number of requests outstanding from previous fiscal years Total caseload Number of requests closed Number of pages reviewed for closed files
2018–2019 1,942 1,610 3,552 2,255 955,667table 6 note *
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
2022-2023 1,687 1,913 3,600 1,679 385,225
Table 6 Notes
Table 6 Note *

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.

Return to table 6 note * referrer

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. Private businesses made up 51.7% of requests, a decrease of 4.3% from last year.

A total of 14.7% of requests came from the public, 13.2% from the media, 5.5% from organizations, 2.1% from academia and 12.8% declined to identify which category they associate with.

Proportion of requests among sources
Source Number of requests Proportion of requests Change from 2021-2022
Business (Private Sector) 872 51.7% -4.3%
Public 248 14.7% -0.6%
Media 223 13.2% +0.2%
Decline to Identify 216 12.8% +5.6%
Organizations (e.g. political party, association, union) 93 5.5% -1.4%
Academia 35 2.1% +0.5%
Total 1,687 100%  

Extensions

The majority of extensions, 985 (85%) invoked under the ATIA were to conduct consultations with third parties and other government departments while 169 (15%) were taken due to interference with operations for requests involving a large volume of records.

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, Health Canada has made more information accessible, 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 2022-2023, Health Canada managed 241 consultations from other Government of Canada institutions (219 received in the 2022-2023 fiscal year and 22 received in 2021-2022). Health Canada also managed 29 consultations from other organizations (27 received in the 2022-2023 fiscal year and 2 received in 2021-2022).

Health Canada closed 235 consultations, reviewing 34,796 pages of records. A total of 18 consultations were carried over within negotiated timelines while 17 consultations were carried over beyond negotiated timelines.

Health Canada received fewer (-2.7%) consultations from other Government of Canada institutions and other organizations when compared to the previous fiscal year and closed fewer (-17.5%) consultation requests. In most cases, Health Canada consented to full disclosure of the records.

Disposition of completed requests

Of the ATI requests completed in 2022-2023, 82% were either disclosed in part (72% of requests) or all disclosed (10% of requests). Ten percent of ATI requests were abandoned, while no records existed for 8% of requests. The breakdown of the remaining ‘other’ completed files is as follows:

*Numbers may not add up due to rounding.

Figure 2. Disposition of completed ATI requests
Figure 2. Text version below.
Figure 2 - Text description

The doughnut chart shows the disposition of completed ATI requests by percent and color. The percent of requests 'disclosed in part' is in green (72%). The percent of requests 'all disclosed' is in orange (10%). The percent of ‘requests abandoned’ is in yellow (10%). The percent of requests for which 'no records exist' is in red (8%). Records that are 'all exempted', 'all excluded', 'neither confirmed nor denied' or 'decline to act with the approval of the Information Commissioner' are in grey (1%).

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 (1,198) 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 287 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 153 requests.  For a detailed breakdown of exemptions see table 4.2 Exemptions.

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 King's Privy Council of Canada (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 2022-2023, 20 requests contained exclusions for publicly available material and 55 requests had records pursuant to confidences of the King’s Privy Council of Canada.

Translations

No translations were required to respond to requests in 2022-2023.

Format of information released

Of the requests that were fully or partially disclosed, 1,292 were released as electronic copies, 66 were released in paper format, and 8 were released as a data set. Health Canada releases records in the preferred format of the requestor while encouraging the use of the Government of Canada’s ATIP Online Request Service platform to receive timely and secure access to the records.

Privacy Act

Informal requests

No informal requests were made in 2022-2023.

Caseload and carry forward and outstanding active requests

In 2022-2023, Health Canada managed 264 active privacy requests. Of this, 208 were privacy requests received in 2022-2023 while 56 were outstanding requests from previous reporting periods.

A total of 221 privacy requests were closed and 43 privacy requests were carried forward to the 2023-2024 fiscal year. Of the 43 privacy requests carried forward to 2023-2024, 23 were carried forward within legislated timelines while 20 were carried over beyond the legislated timelines. Health Canada closed more requests than received.  For detailed information about outstanding requests from previous fiscal years, please see 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.

Processing time for requests

In 2022-2023 Health Canada closed a total of 221 privacy requests. Below is a breakdown of the time taken to process these requests:

Of the 221 requests that Health Canada closed in 2022-2023, 172 (77.8%) privacy requests were closed within legislated timelines (30 days plus applicable extensions) while 49 (22.2%) were closed beyond legislated timelines.

The breakdown of the time taken to process the 49 requests closed past legislated timelines (including any extensions taken) is as follows:

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

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.

Privacy requests received and completed

Figure 3. Privacy requests received and completed each fiscal year from 2018-2019 to 2022-2023
Figure 3. Text version below.
Figure 3 - Text description

The graph shows the number of Privacy requests received and completed each fiscal year from 2018-2019 to 2022-2023.

For 2018-2019, the blue column shows that 219 requests were received; the green column shows that 215 requests were completed.

For 2019-2020, the blue column shows that 235 requests were received; the green column shows that 236 requests were completed.

For 2020-2021, the blue column shows that 139 requests were received; the green column shows that 144 requests were completed.

For 2021-2022, the blue column shows that 219 requests were received; the green column shows that 212 requests were completed.

For 2022-2023, the blue column shows that 208 requests were received; the green column shows that 221 requests were completed.

Key statistics by fiscal year
Fiscal Year Number of requests received Number of requests outstanding from previous fiscal years Total caseload Number of requests closed Number of pages reviewed for closed files
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
2022-2023 208 56 264 221 16,173

Extensions

For the 25 requests where extensions were taken, 21 were due to the interference with operations for a large volume of requests, while four extensions were taken for internal consultation. Under the Privacy Act, 30 days is the longest extension that can be taken.

Consultations completed from other institutions

Health Canada received two consultations from other Government of Canada institutions, totaling 28 pages. Both were completed in 2022-2023.

Disposition of completed requests

Approximately 34% of the privacy requests completed in 2022-2023 were either disclosed in part (29% of requests) or all disclosed (5% of requests). The breakdown of the remaining files is as follows:

*Numbers may not add up due to rounding.

Figure 3. Disposition of completed privacy requests for 2022-2023
Figure 4. Text version below.
Figure 4 - Text description

The doughnut chart shows the disposition of completed privacy requests by percent and color. The percent of requests 'disclosed in part' is in green (29%). The percent of requests 'all disclosed' is in orange (5%). The percent of 'requests abandoned' is in yellow (52%). The percent of requests for which 'no records exist' is in red (13%). Records that are 'all exempted', 'all excluded', and 'neither confirmed nor denied' are not depicted in the doughnut chart as they have a value of zero percent.

Exemptions invoked

Of the 76 exemptions applied to privacy requests in 2022-2023, 67 (88%) were to protect the personal information of individuals other than the requester, seven exemptions (9%) were invoked to give third parties written notice and the two (3%) remaining exemptions were related to investigations.

Exclusions cited

No exclusions were applied to privacy request releases made in 2022-2023.

Translations

No translations were required to respond to requests in 2022-2023.

Format of information released

Of the requests that were fully or partially disclosed, 63 were released as electronic copies while 14 were released in paper format.

Privacy Management Division advisory services

During 2022-2023, the Privacy Management Division received a total of 590 requests for privacy advice from Health Canada clients, four were COVID-19 related. In the previous fiscal year, the Privacy Management Division received 564 requests, 44 were COVID-19 related. Year after year, the volume and complexity of files continues to increase, requiring in-depth privacy analysis, on an expanding range of topics.

In 2022-2023, the Privacy Management Division provided privacy advice to Health Canada program clients on contracts, digital solutions, the handling of personal information, use and disclosure of personal information, and privacy risk assessments of programs, activities and research projects.

Health Canada is committed to properly handling personal information under its control and ensuring that privacy requirements and risks are considered when new initiatives are 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 2022-2023 was $6,920.

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 $1,515 was waived or refunded by Health Canada in 2022-2023.

Costs for administering the Access to Information Act

Health Canada spent a total of $7,489,151 on ATI functions in 2022-2023. Of this total, salaries and overtime costs represent $5,255,307 and goods and services costs were $2,233,844. Most of the goods and services costs ($2,112,793) were used to retain temporary resources to address outstanding active requests.

Costs for administering the Privacy Act

Health Canada spent a total of $2,154,608 on privacy functions in 2022-2023. Of this total, salaries and overtime costs were $1,693,941. Temporary resources to support the processing of privacy requests accounted for $437,568 and other goods and services costs were $23,099.

Awards and recognition

On September 28, 2022, the ATIP Operations Division was honored with an award from the Information Commissioner of Canada. The Information Commissioner’s award recognized the ATIP Operations Division for its leadership and innovation.

Training and awareness

Access to Information training

An online ‘ATIP Fundamentals’ course, offered by the Canada School of Public Service, is available to all staff and is recommended as a foundation for all departmental employees. A total of 363 employees completed this course in 2022-2023. In addition, in 2022-2023 Health Canada conducted Access to Information and Privacy Request training for 2,025 employees. 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. Health Canada also provides training related to proactive publication as needed. Training is promoted at all Single Window working group meetings and on Health Canada’s intranet site.

Privacy training

During 2022-2023, the Privacy Management Division delivered several virtual privacy training sessions to various groups within Health Canada. These sessions included training for the Office of Controlled Substances, Human Resources, and the Access to Information and Privacy Operations Division. In total, 355 Health Canada employees attended the Privacy Management Division's virtual training sessions.

The Privacy Management Division’s online privacy training is available to all Health Canada employees. Approximately, 800 Health Canada employees completed the training in 2022-2023. Throughout the year, regular communications are sent to all employees on training and privacy-related matters with the aim of supporting a culture of strong privacy awareness within the department.

Right to Know Week

In 2022, Canada celebrated Right to Know Week from September 26th to October 2nd. 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 component of our democracy”. Health Canada promoted the online ATIP courses offered by the Canada School of Public Service, shared resources on responding to ATIP requests, and highlighted Duty to Assist.

Policies, guidelines, procedures and initiatives

Treasury Board of Canada Secretariat: Access to Information review

The Treasury Board of Canada Secretariat finalized the Government of Canada’s report on the review of Access to Information in Canada and presented it to Parliament in 2022. Health Canada supported this review by consulting with branches, identifying key issues and proposing potential solutions. In the report, three main goals were identified:

  1. Improving Service to Canadians
  2. Enhancing trust and transparency
  3. Advancing reconciliation with Indigenous peoples

Health Canada is committed to supporting these goals.

Betterment Solutions working group

The ATIP Betterment Solutions working group was launched in April 2022. At this working group, ATIP analysts identify and prioritize issues, identify solutions, and prepare tools for employees and Single Windows. This working group fosters a culture of innovation by promoting employee participation.

ATIP Coordinators’ working group

The ATIP Coordinator’s Working Group was launched in October 2018 comprises ATIP Coordinators representing 30 institutions. Health Canada’s ATIP Coordinator continued to co-chair the working group. This working group fosters open communication and knowledge sharing across institutions, meeting monthly to discuss common and emerging issues and to share best practices and tools.

ATIP Operations Division’s professional development program

The ATIP Operations Division’s professional development program was launched in January 2017. This program allows employees to progress based on performance, without the need of a competitive hiring process. In 2022-2023, 21 Analysts were enrolled in the program and 12 advanced to the next level. The Professional Development Program helps increase ATIP capacity within the Government of Canada.

Post-secondary recruitment campaign

Health Canada has increased its capacity through targeted post-secondary recruitment campaigns. In addition to meeting its own hiring needs, the list of qualified candidates is made available to other institutions, helping to increase capacity across government.

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 Health Canada the Public Health Agency of Canada. The audit made four recommendations to further strengthen the management of privacy practices.

The recommendation to incorporate Sex and Gender-Based Analysis Plus (SGBA+) considerations into the Privacy Management Division processes is complete. The Privacy Management Division is working to complete the remaining recommendations in 2023-2024.

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 2022–2023, 60 complaints under the ATIA were filed with the Office of the Information Commissioner for Health Canada's requests, representing an increase of 26% from the 46 filed in 2021-2022. Health Canada received 12 final investigation reports from the Office of the Information Commissioner. Two of the 12 final reports contained recommendations issued by the information commissioner while one contained orders.

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 ATI 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 that are 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 2022-2023 41
Received in 2021-2022 11
Received in 2020-2021 5
Received in 2019-2020 6
Received in 2018-2019 2
Received in 2017-2018 3
Total 68

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

Complaints to the Privacy Commissioner

During 2022-2023, 18 complaints related to the handling of personal information by Health Canada were received under Section 31 of the Privacy Act. Of the 18 complaints, 13 were resolved using the Office of the Privacy Commissioner of Canada’s early resolution process. Five representations were provided under Section 33 of the Privacy Act. Four letters of findings were received under Section 35 from the Office of the Privacy Commissioner relating to complaints.

Outstanding number of privacy 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 2022-2023 3
Received in 2021-2022 2
Received in 2020-2021 2
Total 7

Health Canada 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 2022–2023, a total of ten 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 2022–2023 fiscal year.

Monitoring compliance

ATIP Operations Division produces weekly, monthly and semi-annual 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. In addition, the ATIP Operations Division assists branches conduct a detailed analysis to identify frequent request types and explore alternate methods to disclose such information.

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.

In response to the 2019-2020 audit on the management of privacy practices at Health Canada and the Public Health Agency of Canada, the Privacy Management Division will implement a monitoring and follow-up process for Privacy Impact Assessments and protocol recommendations in 2023-2024.

The Privacy Management Division assists programs, ensuring the appropriate privacy protections are included in contracts, agreements and arrangements (e.g. review contracts and information sharing agreements).

Other reporting requirements specific to the Privacy Act

Material privacy breaches

During 2022-2023, Health Canada reported no material privacy breaches to the Office of the Privacy Commissioner and the Treasury Board Secretariat.

Privacy Impact Assessments

During 2022-2023, two Privacy Impact Assessments were completed.

1. Cannabis and hemp licensing process

The Cannabis Regulations and the Industrial Hemp Regulations, which support the Cannabis Act, create a strict framework for controlling the production, distribution, sale and possession of cannabis and industrial hemp in Canada. Under this framework, licences and authorizations are required to conduct various activities with cannabis and hemp. In accordance with the Treasury Board Directive on Privacy Impact Assessments, a Privacy Impact Assessment was completed to ensure compliance with the Privacy Act and Treasury Board policies. The Privacy Impact Assessment identified mitigation actions to address any potential privacy concerns. A summary of this Privacy Impact Assessment has not yet been published. For more information, please contact by email: privacy-vie.privee@hc-sc.gc.ca.

2. Investigation for allegations of breach of scientific integrity

The Investigation Process for Allegations of Breach of Scientific Integrity is designed to allow for the reporting and subsequent investigation (if required) of potential breaches of scientific integrity. In accordance with the Treasury Board Directive on Privacy Impact Assessments, a Privacy Impact Assessment was completed to ensure compliance with the Privacy Act and Treasury Board policies. The Privacy Impact Assessment identified mitigation actions to address any potential privacy concerns. A summary of this Privacy Impact Assessment has not yet been published. For more information, please contact by email: privacy-vie.privee@hc-sc.gc.ca.

Public interest disclosures

During 2022-2023, there were no disclosures made under section 8(2)(m) of the Privacy Act and no section 8(5) written notifications were provided to the Office of the Privacy Commissioner.

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

Delegation of authority schedule

The tables below outline which positions can exercise the powers, duty or functions of the Minister, under the provisions of the Act.

Access to Information Act
Part 1 and 3
Provision Description DM Assoc. DM 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 InformationRegulations
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 DM Assoc. DM 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

Appendix B: Statistical report on the Access to Information Act

Reporting period: 2022-04-01 to 2023-03-31. Data extracted on May 29, 2023.

Section 1: Requests under the Access to Information Act

1.1 Number of requests
Category Number of requests
Received during reporting period 1,687
Outstanding from previous reporting periods 1,913
  • Outstanding from previous reporting period
 923
  • Outstanding from more than one reporting period
 990
Total 3,600
Closed during reporting period 1,679
Carried over to next reporting period 1,921
  • Carried over within legislated timeline
 369
  • Carried over beyond legislated timeline
 1,552
1.2 Sources of requests
Source Number of requests
Media 223
Academia 35
Business (private sector) 872
Organization 93
Public 248
Decline to Identify 216
Total 1,687
1.3 Channels of requests
Source Number of requests
Online 1,657
E-mail 11
Mail 19
In person 0
Phone 0
Fax 0
Total 1,687

Section 2: Informal requests

2.1 Number of informal requests
Category Number of requests
Received during reporting period 916
Outstanding from previous reporting periods 190
  • Outstanding from previous reporting period
 171
  • Outstanding from more than one reporting period
 19
Total 1,106
Closed during reporting period 723
Carried over to next reporting period 383
2.2 Channels of informal requests
Source Number of requests
Online 916
E-mail 0
Mail 0
In person 0
Phone 0
Fax 0
Total 916
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
54 65 63 200 186 155 0 723
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
62 1,422 22 4,814 7 4,429 3 4,416 0 0
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
391 10,422 173 45,538 35 21,664 28 58,005 2 13,170

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 2 21 27 49 15 19 29 162
Disclosed in part 17 102 66 462 121 164 272 1,204
All exempted 0 0 1 5 1 0 1 8
All excluded 0 1 1 0 0 1 2 5
No records exist 25 64 21 13 2 3 1 129
Request transferred 6 0 0 0 1 0 0 7
Request abandoned 61 20 8 4 5 2 64 164
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0 0 0 0 0
Total 111 208 124 533 145 189 369 1,679
4.2 Exemptions
Section Number of requests
13(1)(a) 8
13(1)(b) 5
13(1)(c) 14
13(1)(d) 0
13(1)(e) 0
14 12
14(a) 18
14(b) 15
15(1) 11
15(1) - International Affairs 9
15(1) - Defence of Canada 2
15(1) - Subversive Activities 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 4
16(1)(c) 7
16(1)(d) 1
16(2) 7
16(2)(a) 0
16(2)(b) 0
16(2)(c) 31
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
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 0
18(a) 2
18(b) 6
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 1,198
20(1)(a) 9
20(1)(b) 172
20(1)(b.1) 0
20(1)(c) 91
20(1)(d) 15
20.1 0
20.2 0
20.4 0
21(1)(a) 59
21(1)(b) 75
21(1)(c) 18
21(1)(d) 1
22 2
22.1(1) 0
23 35
23.1 0
24(1) 4
26 0
4.3 Exclusions
Section Number of requests
68(a) 19
68(b) 0
68(c) 0
68.1 1
68.2(a) 0
68.2(b) 0
69(1) 17
69(1)(a) 5
69(1)(b) 0
69(1)(c) 4
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
69(1)(g) re (a) 10
69(1)(g) re (b) 0
69(1)(g) re (c) 5
69(1)(g) re (d) 5
69(1)(g) re (e) 5
69(1)(g) re (f) 4
69.1(1) 0
4.4 Format of information released
Paper Electronic: e-record Electronic: data set Electronic: video Electronic: audio Other
66 1,292 8 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
385,225 356,835 1,543
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 117 2,951 34 7,237 6 3,496 3 7,106 2 37,807
Disclosed in part 572 17,333 517 121,258 79 53,286 33 59,905 3 62,369
All exempted 6 47 2 377 0 0 0 0 0 0
All excluded 5 43 0 0 0 0 0 0 0 0
Request abandoned 152 272 4 842 3 2,632 5 8,264 0 0
Neither confirmed nor denied 0 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 852 20,646 557 129,714 88 59,414 41 75,275 5 100,176
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 61 0 16 77
Disclosed in part 757 9 113 879
All exempted 3 0 0 3
All excluded 3 2 1 6
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 824 11 130 965

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 760
Percentage of requests closed within legislated timelines (%) 45.3%

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
919 395 132 10 382
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 39 68 107
16 to 30 days 27 41 68
31 to 60 days 33 64 97
61 to 120 days 55 66 121
121 to 180 days 31 35 66
181 to 365 days 59 73 132
More than 365 days 159 169 328
Total 403 516 919
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 7 1 9 71
Disclosed in part 142 13 55 789
All exempted 0 0 0 4
All excluded 0 0 0 0
Request abandoned 20 0 5 38
No records exist 0 0 0 0
Decline to act with the approval of the Information Commissioner 0 0 0 0
Total 169 14 69 902
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 104 1 9 0
31 to 60 days 33 2 19 858
61 to 120 days 12 9 22 44
121 to 180 days 10 1 10 0
181 to 365 days 7 0 7 0
365 days or more 3 1 2 0
Total 169 14 69 902

Section 6: Fees

Fee type Fee collected Fee waived Fee refunded
Number of requests Amount Number of requests Amount Number of requests Amount
Application 1,384 $6,920.00 303 $1,515.00 0 $0.00
Other fees 0 $0.00 0 $0.00 0 $0.00
Total 1,384 $6,920.00 303 $1,515.00 0 $0.00

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 219 31,431 27 1,544
Outstanding from the previous reporting period 22 2,548 2 740
Total 241 33,979 29 2,284
Closed during the reporting period 207 32,518 28 2,278
Carried over within negotiated timelines 18 782 0 0
Carried over beyond negotiated timelines 16 679 1 6
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 53 42 25 12 1 1 1 135
Disclose in part 2 5 6 6 2 3 2 26
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 8 14 11 5 0 0 1 39
Other 1 2 1 1 0 2 0 7
Total 64 63 43 24 3 6 4 207
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 6 7 2 2 0 0 0 17
Disclose in part 1 0 1 0 0 0 0 2
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 3 3 0 1 1 0 0 8
Other 1 0 0 0 0 0 0 1
Total 11 10 3 3 1 0 0 28

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 8 117 0 0 0 0 0 0 0 0
16 to 30 7 85 0 0 0 0 0 0 0 0
31 to 60 6 163 1 0 0 0 0 0 0 0
61 to 120 3 78 1 0 0 0 0 0 0 0
121 to 180 1 33 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 25 476 2 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 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 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 1 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
60 42 50
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
4 1 3 12 2 1

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 0 0 0 0
10.2 Court actions on third party notifications under paragraph 28(1)(b)
Section 44 - under paragraph 28(1)(b)
1

Section 11: Resources related to the Access to Information Act

11.1 Allocated costs
Expenditures Amount
Salaries $5,194,379
Overtime $60,928
Goods and Services $2,233,844
  • Professional services contracts
  • $2,112,793
  • Other
  • $121,051
Total $7,489,151
11.2 Human resources
Resources Person years dedicated to Access to Information activities
Full-time employees 63.647
Part-time and casual employees 4.004
Regional staff 0.000
Consultants and agency personnel 9.610
Students 0.200
Total 77.461

Appendix C: Statistical report on the Privacy Act

Reporting period: 2022-04-01 to 2023-03-31. Data extracted on May 29, 2023.

Section 1: Requests under the Privacy Act

1.1 Number of requests
Category Number of requests
Received during reporting period 208
Outstanding from previous reporting periods 56
  • Outstanding from previous reporting period
 41
  • Outstanding from more than one reporting period
 15
Total 264
Closed during reporting period 221
Carried over to next reporting period 43
  • Carried over within legislated timeline
 23
  • Carried over beyond legislated timeline
 20
1.2 Channels of requests
Source Number of requests
Online 197
E-mail 1
Mail 9
In person 0
Phone 0
Fax 1
Total 208

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
 15
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 4 6 1 1 0 0 0 12
Disclosed in part 7 18 16 14 5 4 1 65
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 22 4 2 0 1 0 0 29
Request abandoned 89 13 3 7 0 0 3 115
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 122 41 22 22 6 4 4 221
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) 2
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 67
27 7
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
14 63 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
16,173 13,854 192
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 12 146 0 0 0 0 0 0 0 0
Disclosed in part 37 1,361 23 5,382 2 1,174 3 6,410 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 113 0 1 400 0 0 1 1,300 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 162 1,507 24 5,782 2 1,174 4 7,710 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 4 4
Disclosed in part 10 0 0 8 18
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 10 0 0 12 22

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 172
Percentage of requests closed within legislated timelines (%) 77.8%

3.7 Deemed refusals

3.7.1 Reasons for not meeting legislated timelines
Total number of requests closed past the legislated timelines Interference with operations / workload External consultation Internal consultation Other
49 31 0 4 14
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 8 3 11
16 to 30 days 5 3 8
31 to 60 days 9 3 12
61 to 120 days 6 3 9
121 to 180 days 1 2 3
181 to 365 days 2 1 3
More than 365 days 3 0 3
Total 34 15 49
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
12 0 0 12

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 0
15(a)(i) Interference with Operations: Large Volume of Requests 21
15(a)(i) Interference with Operations: Documents are Difficult to Obtain 0
15(a)(ii) Consultation: Cabinet Confidence (Section 70) 0
15(a)(ii) Consultation: External 0
15(a)(ii) Consultation: Internal 4
15(b) Translation Purposes or Conversion 0
Total 25
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 n/a 0
15(a)(i) Interference with operations: large volume of pages 0 0 n/a 0
15(a)(i) Interference with operations: large volume of requests 0 21 n/a 21
15(a)(i) Interference with operations: documents are difficult to obtain 0 0 n/a 0
15(a)(ii) Consultation: Cabinet Confidence (Section 70) 0 0 n/a 0
15(a)(ii) Consultation: External 0 0 n/a 0
15(a)(ii) Consultation: Internal 0 4 n/a 4
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 2 28 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 2 28 0 0
Closed during the reporting period 2 28 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 1 1 0 0 0 0 0 2
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 1 1 0 0 0 0 0 2
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
18 5 4 0 27

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

10.1 Privacy Impact Assessments
Number of PIA(s) completed Number of PIA(s) modified
2 0
10.2 Institution-specific and central Personal Information Banks
Personal Information Banks Active Created Terminated Modified
Institution-specific 48 1 0 25
Central 2 0 0 0
Total 50 1 0 25

Section 11: Privacy breaches

11.1 Material privacy breaches reported
Number of material privacy breaches reported to TBS Number of material privacy breaches reported to OPC
0 0
11.2 Non-material privacy breaches
Number of non-material privacy breaches
74

Section 12: Resources related to the Privacy Act

12.1 Allocated costs
Expenditures Amount
Salaries $1,674,435
Overtime $19,506
Goods and Services $460,667
  • Professional services contracts
  • $437,568
  • Other
  • $23,099
Total $2,154,608
12.2 Human Resources
Resources Personal dedicated to privacy activities
Full-time employees 15.779
Part-time and casual employees 3.014
Regional staff 0.000
Consultants and agency personnel 1.948
Students 0.280
Total 21.021

Appendix D: Supplemental statistical report on the ATIA and Privacy Act

In addition to completing the forms for the Statistical Reports on the ATIA and Privacy Act for 2022-2023, 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 0 52 52
Protected B Paper Records 0 0 52 52
Secret and Top Secret Paper Records 0 0 52 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 0 52 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, 2023 Open requests that are beyond legislated timelines as of March 31, 2023 Total
Received in 2022-2023 329 406 735
Received in 2021-2022 27 473 500
Received in 2020-2021 6 381 387
Received in 2019-2020 6 151 157
Received in 2018-2019 1 74 75
Received in 2017-2018 0 46 46
Received in 2016-2017 0 13 13
Received in 2015-2016 0 5 5
Received in 2014-2015 0 0 0
Received in 2013-2014 or earlier 0 3 3
Total 369 1,552 1,921

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 2022-2023 41
Received in 2021-2022 11
Received in 2020-2021 5
Received in 2019-2020 6
Received in 2018-2019 2
Received in 2017-2018 3
Received in 2016-2017 0
Received in 2015-2016 0
Received in 2014-2015 0
Received in 2013-2014 or earlier 0
Total 68

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, 2023 Open requests that are beyond legislated timelines as of March 31, 2023 Total
Received in 2022-2023 22 5 27
Received in 2021-2022 0 5 5
Received in 2020-2021 1 2 3
Received in 2019-2020 0 7 7
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 0 1 1
Received in 2014-2015 0 0 0
Received in 2013-2014 or earlier 0 0 0
Total 23 20 43

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 2022-2023 3
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 0
Received in 2014-2015 0
Received in 2013-2014 or earlier 0
Total 7

Section 5: Social Insurance Number (SIN)

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

Section 6: Universal access under the Privacy Act

Health Canada received one request confirmed from foreign nationals outside of Canada in 2022-2023.

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.

The case was dismissed in June 2022, and the reasons for judgement remain confidential pending the court’s decision.

Actial filed an appeal in October 2022. The court case remains ongoing.

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.

On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada. The court case remains ongoing.

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 has also 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 was held in abeyance pending a decision being rendered in another case. On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada. The court case remains ongoing.

Apotex Inc. v. Minister of Health and Attorney General of Canada (discontinued)

On March 17, 2022 the Applicant filed for judicial review in the Federal Court. The Applicant was challenging the decision of the Minister of Health dated February 23, 2022 to release records and documents with respect to certain drug products in response to an ATI request.

The Applicant opposed the disclosure of information it considers confidential and has also alleged that the Minister lacked procedural fairness in rendering the decision and that the decision was devoid of reasons and that the delay was prejudicial.

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 was held in abeyance pending a decision being rendered in another case. On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada.

Following this decision, Apotex discontinued the application on December 22, 2022.

Apotex Inc. v. Minister of Health and Attorney General of Canada (discontinued)

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. The motion was held in abeyance pending a similar decision in another case. On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada.

Following this decision, Apotex discontinued both applications on November 8, 2022.

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 r 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 was held in abeyance pending a decision being rendered in another case. On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada. The court case remains ongoing.

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 and remains ongoing.

The Information Commissioner of Canada (Molly Haynes and Patrick Cain) v. Minister of Health (dismissed in favour of Health Canada)

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) of producers and users of medical cannabis on the grounds that the Forward Sortation Area constitutes personal information because of the serious risk of re-identifying the individuals to whom the Forward Sortation Area relates. The Information Commissioner, representing the three complainants, takes the position that the Forward Sortation Areas should have been disclosed where individuals could not be identified. An independent expert, Dr. El-Emam, 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 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 Office of the Information Commissioner of Canada could give rise to a serious possibility of re-identification if the Forward Sortation Area 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.

On January 13, 2023 the Federal Court decided in favour of the Minister of Health. The case was dismissed, noting that Health Canada was justified in refusing to release more information because of a serious possibility of a breath of privacy.

Jamp Pharma Corporation v. Minister of Health et al

A judicial review application was filed on March 30, 2023 by Jamp Pharma following a decision by the Minister of Health to release records related to Jamp’s drug product that it considers to be confidential.

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 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. 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 and on September 6, 2022 the Federal Court of Appeal decided that the applicants could not receive the documents from Health Canada. Further procedural motions filed by the applicants to obtain the records have been denied by the courts. The court case remains ongoing.

Page details

Date modified: