Health Canada Access to Information Act Annual Report 2017-2018

Introduction
- I. Access to Information Act
- II. About Health Canada
Access to Information Infrastructure
- I. The Access to Information and Privacy Operations Division
- II. Reading Room
Delegation of Authority
Requests under the Access to Information Act - Statistical Figures, Interpretation and Explanation
Training and Awareness
Complaints and Court Applications for Reviews
Policies, Guidelines, Procedures and Initiatives
Monitoring Compliance
Appendix A: Access to Information Act and Privacy Act - Delegation Order
Appendix B: Statistical Report on the Access to Information Act
Appendix C: Health Canada on behalf of Indigenous Services Canada - Statistical Report on the Access to Information Act

Introduction

I. Access to Information Act

The Access to Information Act (the Act) gives the Canadian public a right to access information contained in federal government records, subject to certain specific and limited exceptions.

The Act requires the head of every federal government institution to submit an annual report to Parliament on the administration of the Act following the close of each fiscal year. This annual report is prepared and is being tabled before each House of Parliament in accordance with section 72 of the Act. This report summarizes how Health Canada has fulfilled its access to information responsibilities during the fiscal year 2017–2018.

II. About Health Canada

Health Canada (HC) is the federal department responsible for helping the people of Canada maintain and improve their health.
HC is committed to improving the lives of all of Canada's people and to making this country's population among the healthiest in the world as measured by longevity, lifestyle and effective use of the public health care system.
By working with others in a manner that fosters the trust of Canadians, HC strives to:

Prevent and reduce risks to individual health and the overall environment;
Promote healthier lifestyles;
Ensure high quality health services that are efficient and accessible;
Integrate renewal of the health care system with longer term plans in the areas of prevention, health promotion and protection;
Reduce health inequalities in Canadian society; and
Provide health information to help Canadians make informed decisions.

HC has regional offices in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, and the Atlantic and Northern Regions.

For more information about HC, please visit our website at:
https://www.canada.ca/en/health-canada.html

Access to Information Infrastructure

I. The Access to Information and Privacy Division

The Access to Information and Privacy (ATIP) Division is housed in the Planning, Integration and Management Services Directorate of the Corporate Services Branch at Health Canada (HC).

The ATIP Coordinator is accountable for the development, coordination and implementation of effective policies, guidelines, systems and procedures in order to enable efficient processing of requests under the Act. The Coordinator is also responsible for the implementation of relevant government-wide policies, systems and procedures. The ATIP Division is responsible for all Access to Information (ATI) legislative requirements pursuant to the Act such as:

Responding to access to information requests within the statutory time frame as well as meeting the duty to assist requesters;
Providing advice and guidance to departmental employees on the application of the Act and Treasury Board of Canada policies and directives;
Developing corporate-wide access to information protocols and practices to guide the ATI process;
Promoting awareness and providing training on the Act;
Preparing annual reports to Parliament; and
Liaising with the Office of the Information Commissioner (OIC), Treasury Board of Canada Secretariat (TBS), other federal departments and agencies, provincial ministries of health and other key stakeholders.

In 2017–2018, 58.86 full-time equivalent (FTE) employees administered the Access to Information Act (the Act) with the support of consultant services 6.89 FTEs and part-time and casual employees 2.64 FTEs for a total complement of 68.39 FTEs.

II. Reading Room

HC has a reading room available where members of the public may make arrangements to review materials, as required in section 71 of the Act. The public reading room is available at:

Access to Information and Privacy Division
1600 Scott Street, Holland Cross,
Tower B, 7th Floor, Suite 700
Ottawa, Ontario K1A 0K9

Delegation of Authority

The most recent delegation order for the Access to Information Act was signed by the Minister of Health on November 25, 2015. In keeping with Treasury Board Secretariat recommendations on best practice, the delegation order extends authorities to multiple positions including the Coordinator, the Corporate Services Branch's Assistant Deputy Minister and Director General of Planning Integration and Management Services Directorate. As appropriate, certain administrative authorities are delegated to various senior levels within the ATIP Division to support the effective and efficient administration of the Act.

The Delegation Order is attached as Appendix A.

Requests under the Access to Information Act - Statistical Figures, Interpretation and Explanation

I. Statistical Report

This section of the report includes an interpretation and explanation of the data contained in HC's statistical report which summarizes ATI-related activity for the period between
April 1, 2016 and March 31, 2017 (Appendix B).

In August 2017, the Prime Minister announced an action plan to dissolve Indigenous and Northern Affairs Canada (INAC) and create two departments: Indigenous Services Canada (ISC) and Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC). ISC was officially created with a decree on November 30, 2017, and all employees of the First Nations and Inuit Health Branch (FNIHB) of Health Canada were transferred to that new department.

Although the FNIHB was transferred to ISC on November 30, 2017, through a memorandum of understanding, HC continued to provide internal services until March 31, 2018, including processing information requests associated with the FNIHB. From November 30, 2017, until March 31, 2018, HC, on behalf of ISC, administered the requests received for FNIHB-related files. That arrangement helped support continued access to information until the transition on April 1, 2018.

HC processed 40 Access to Information Act (ATI) requests on behalf of ISC, which are included in HC's statistical report. Of those 40 requests, HC completed 24 before April 1, and the 16 others were transferred to ISC for completion. Although these statistics are included in HC's report, for more clarity, a separate statistical report detailing the processing of the ISC requests is attached as Appendix C.

II. Number of Access Requests and Case Load

Number of Access Requests
In 2017-2018, HC received 1,806 requests, representing a decrease of 8% compared to the 1959 requests received in 2016–2017.

Health Canada took important steps to manage the increasing level of total requests by allocating additional resources to the Access to Information and Privacy (ATIP) Division. In addition, improvements in productivity were realized as a result of a targeted ATIP strategy as well as strong department-wide management and oversight of ATIP requests. These activities have resulted in HC closing 1808 in 2017–2018 compared to 1388 in the previous fiscal year.

Source of Requests: Trends
As with past years, HC received the most requests from businesses conducting activities in a wide range of sectors, including pharmaceutical products, medical instruments, natural health products and marijuana products. The number of requests from the business sector represents 52% of all new requests, public requests and media requests each representing 14% of request volume, while 10% of individuals making requests chose the option of not identifying themselves for the 2017–2018 fiscal year.

A significant number of the requests HC processed required complex third party consultations to identify confidential business information requiring protection. These records often involved large volumes of technical and scientific information, which can take lengthy amounts of time to review.

The table below shows the proportion of requests from various sources, noting the percentage changes from 2016-2017.

Source of Requests

Source	Number of Requests	Proportion of Requests (%)	Proportion of Requests (%) among Identified Requesters
Business (Private Sector)	933	52%	-1%
Public	260	14%	-1%
Media	243	14%	-1%
Decline to Identify	181	10%	1%
Organization^{Footnote *}	129	7%	1%
Academia	60	3%	1%
Total	1,806	100%
Footnote * Examples - Associations, Political Parties and Unions Return to footnote * referrer

**Figure 1. Proportion of Requests by Source**

Figure 1 - Text description

Source	Proportion of Requests (%)
Business (Private Sector)	52%
Public	14%
Media	14%
Decline to Identify	10%
Organization	7%
Academia	3%
Total	100%

**Figure 2. Access to Information Requests Received/Completed**

Figure 2 - Text description

Fiscal Year	Received	Completed
2013-2014	1563	1446
2014-2015	1569	1420
2015-2016	1222	1026
2016-2017	1959	1388
2017-2018	1806	1808

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
2013-2014	1,563	585	2,148	1,446	327,523
2014-2015	1,569	702	2,271	1,420	526,849
2015-2016	1,222	851	2,073	1,026	214,792
2016-2017	1,959	1 047	3 006	1 388	1 891 795^{Footnote *}
2017-2018	1,806	1,612	3,418	1,808	374,021
Footnote * Note that this number includes of 1.4 million pages on one subject matter that was later abandoned. Return to footnote * referrer

Consultations Completed from Other Institutions
In 2017–2018, HC completed 172 consultations from other federal institutions and 75 from institutions other than federal institutions. The number of completed consultations is similar to 2016–2017 where 222 consultations from other federal institutions and 28 from institutions other than federal institutions were closed.

Number of Consultations and Pages Reviewed from Other Federal Institutions

Federal Institutions	Number of Consultations Completed	Pages Reviewed
Treasury Board Secretariat	31	1,168
Privy Council Office	27	1,305
Canadian Food Inspection Agency	24	923
Public Service and Procurement Canada	20	624
Public Health Agency of Canada	12	335
Indigenous and Northern Affairs Canada	11	202
Department of Justice	11	466
Public Safety	8	285
Agriculture and Agri-Food Canada	7	1,236
Canada Revenue Agency	7	218
Global Affairs Canada	7	216
Environment and Climate Change	7	68
Other	75	6,464
Total	247	13,510

III. Disposition of Requests Completed

Approximately 63% of the requests completed in 2017–2018 were either disclosed in part (47%) or all disclosed (16%). Completed requests were classified as follows:

Disposition of Requests Completed by Percentage

Disposition of Requests	Requests Completed by Percentage
Disclosed in part	47%
Request abandoned	20%
All disclosed	16%
No records exist	13%
Requested Transferred	2%
Neither confirmed or denied	0.5%
All exempted	1%
All excluded	0.5%

Additionally, 20% of requests were closed as abandoned. At HC, requests are often abandoned for a variety of reasons:

lack of interest in continuing the request due to the passage of time;
non-payment of request fee;
lack of clarity in wording of the request;
possibility of obtaining the required information through another source (information previously disclosed) or from a non-federal entity;
request submitted to HC in error instead of another department or a provincial institution so that it must be pursued at other governmental levels;
Please note that case law (Yeager v. Canada, 2017 FC 330) has clarified the circumstances under which a request may be transferred between federal government institutions. This has significantly restricted the ability to transfer poorly directed requests, thereby resulting in several abandonments by requestors because they have to re-submit their requests to the correct institution.

IV. Exemptions Invoked

Sections 13 through 24 of the Act set out the exemptions intended to protect information pertaining to a particular public or private interest, and section 26 of the Act is a temporary exception relating to information to be published.

The majority of the 1,636 exemptions invoked by HC focussed on three sections of the Act – section 19 (personal information), section 20 (third party information), and section 21 (operations of government). Together, these accounted for 1,362 or 83% of the exemptions applied in 2017–2018. It is worth noting that the invocation of section 20 on 380 occasions necessitated consultations with third parties, many of which were large multi-national corporations. Such consultations are often complex and resource-intensive, and each year, some lead to legal proceedings before the Federal Court.

Principal Exemptions Applied
Exemptions	Number of Times Applied
Section 19 - Personal information	756
Section 20 - Third party information	380
Section 21 - Operations of Government	226
Section 16 - Law enforcement and investigation	71
Section 23 - Solicitor-client privilege	52
Section 14 - Federal-provincial affairs	52
Section 17 - Threatens the safety of individuals	29
Section 13 - Obtained in confidence	25
Section 15 - Injurious to international affairs	14
Section 18 - Economic interests	17
Section 26 - Will be published within 90 days	10
Section 22 - Prejudices results of tests or audits	2
Section 24 - Restricted under Schedule II	2

V. Exclusions Cited

The Access to Information Act does not apply to published material, material available to the public for purchase, or for public reference (section 68), nor does it apply to confidences of the Queen's Privy Council (section 69). Requests containing proposed exclusions under section 69 require consultation with the Department of Justice, and potentially the Privy Council Office.

During 2017–2018, HC applied 30 exclusions pursuant to section 68 of the Act and 68 exclusions for section 69 of the Act.

VI. Completion Time

The percentage of completed requests within 30 days was 43% representing the same result from the previous year. The remaining requests, categorized into time segments of 31 to 60 days, 61 to 120 days, and 121 days or more, are depicted in the table below. It is important to note that many of the files processed were large and required consultations, necessitating extensions to complete all required actions. The table below represents completion time, but does not factor in extensions appropriately taken under the Act.

Percentage of Files per Completion Time Category

Completion Time	Fiscal Year 2016-2017	Fiscal Year 2017-2018
30 days or less	43%	43%
31-60 days	13%	9%
61-120 days	15%	14%
More than 120 days	29%	34%

VII. Extensions

Extensions were most frequently invoked to provide time to complete third party consultations and notifications and to process voluminous records. Of the 1808 files closed in 2017–2018, HC invoked 827 extensions under section 9(1) of the Act, an increase from the 604 invoked in 2016–2017.

Extensions Invoked
Length of extensions	9(1)(a) Interference with operations		9(1)(b) Consultation		9(1)(c) Third party notice
Length of extensions	#of times invoked	Percentage	#of times invoked	Percentage	#of times invoked	Percentage
30 days or less	106	13%	52	6%	1	0%
More than 30 days	99	12%	170	21%	399	48%

VIII. Translations

No translations were required to respond to requests in 2017–2018.

IX. Format of Information Released

HC provided records in the format requested where possible. When a release package is for a smaller number of pages, information is typically provided in paper format; when larger, access is generally provided in electronic formats burned on CD.

Of requests that were fully or partially disclosed, 749 were sent out in paper format and 385 requests were released electronically.

X. Fees

The Act authorizes fees for certain aspects of processing formal requests and the fee structure is prescribed in the ATI Regulations. However, TBS in May 2016 issued the Interim Directive on the Administration of the Access to Information Act which imposed a requirement to waive all fees chargeable other than the $5 application fee.

Based on requests completed in 2017–2018, HC collected $7,655 in application fees and submitted to the Receiver General for Canada. In addition, HC waived $2,788 in fees.

XI. Costs

HC spent a total of $6,209,350 on ATI functions in 2017–2018. Of this total, salaries accounted for $4,668,622 and administration costs were $1,540,728; most of the administration costs were used to retain temporary help to address the volume and complexity of requests.

Training and Awareness

Training, Orientation and Awareness for HC Employees

Training sessions on the Act and related processes are delivered to HC employees on a regular basis. In fiscal year 2017–2018, the ATIP Division delivered 33 training sessions entitled "ATI 101" to 638 participants. In addition, 14 virtual sessions were even delivered to reach those in various parts of Canada. The basic objectives of the sessions are to impart an understanding of the Act, roles and responsibilities, the handling of formal and informal requests, basic grounds for withholding information and how to process an ATI request. Significant efforts have been put into updating training materials and tools.

To enhance the effectiveness of the training sessions, a new process to identify and strategically assess training needs and provide customized training to target groups has been implemented. In addition, the ATIP Division worked in collaboration with those in various program areas to promote awareness and develop personalized training to meet HC's needs. As a result of this collaboration, four general awareness sessions were delivered to 60 participants.

Complaints and Court Applications for Reviews

I. Complaints to the Information Commissioner

During 2017–2018, Health Canada was notified of 78 complaints under the Act that were filed with the Office of the Information Commissioner of Canada (OIC).

Complaints Filed With the OIC

Reason	Number of Complaints
Deemed Refusal	50
Exemptions	18
Time Extension	5
Other	5
Total	78

The Department reviews the outcomes of all OIC investigations, and where appropriate, incorporates lessons learned into business processes.

II. Types of Complaints and their Disposition Completed in 2017–2018

Types of Complaints and their Disposition Completed in 2015-2016

Subject of Complaint	Number of Closed Complaints	Final Disposition by OIC
Deemed Refusal (delay)	37	16 Well Founded 19 Resolved 2 Abandoned
Exemptions	9	3 Well Founded 2 Not Well Founded 4 Abandoned
Time Extension	6	4 Resolved 2 Abandoned
Other	6	2 Well Founded 1 Not Well Founded 3 Abandoned
Total	58	25 Well Founded 3 Not Well Founded 21 Resolved 9 Abandoned

III. Applications/Appeals Submitted to the Federal Court / Federal Court of Appeal

During the 2017–2018 fiscal year, eight requests were submitted to the Federal Court, as follows:

1. T-1511-15, T-1782-15, T-1783-15 Apotex Inc. v. Minister of Health and Attorney General of Canada and the Information Commissioner of Canada
A judicial review application was filed on September 8, 2015. This is a review of a decision made by the Minister of Health to partially release records under the Access to Information Act (ATIA) related to an Abbreviated New Drug Submission the Applicant considers confidential. The Applicant requested a specially managed proceeding which was granted by the Court on October 14, 2015. On October 22, 2015, the Applicant filed two additional applications for judicial review in relation to two (2) other ATI requests for the same information. On February 2, 2016, the Applicant served a rule 317 request for the reversal of the order of evidence. On February 15, 2016, the Minister filed an objection to the rule 317 request.

On April 4, 2016, the Court granted the Information Commissioner of Canada (OIC) status as a party to the litigation. On April 14, 2016, the Applicant filed a motion to set aside the decision to grant the OIC party status. On July 8, 2016, the Applicant's motion was dismissed. On July 18, 2016, the Applicant appealed the motion. The appeals were consolidated on November 17, 2016. On July 20, 2017, the Appeal was dismissed with costs.

On November 17, 2017 the Applicant filed a motion for the Minister to produce documents requested pursuant to the Rule 317 dated February 2, 2016; and to partially reverse the order of filing evidence. The Applicant's motion scheduled for December 6, 2017 was adjourned by the Prothonotary to allow for the appointment of a bilingual prothonotary/judge or an official translation of some of the motion materials. The Court set the hearing date for this motion for June 27, 2018.

2. T-872-16 Teva Canada Limited and the Minister of Health and Attorney General of Canada
A judicial review application was filed on June 1, 2016, challenging a decision made by the Minister of Health to partially release records under the ATIA relating to an Abbreviated New Drug Submission (ANDS) filed by Teva, including records pertaining to the patent hold date for that ANDS.

The Applicant requested an extension of time before serving their evidence as the Applicant is in negotiations with the ATI requester. The ATI requester withdrew the ATI request that is the subject of the Judicial Review R. The Applicant filed a discontinuance of the matter on April 26, 2017.

3. T-1486-16 Teva Canada Limited and the Minister of Health
A judicial review application was filed on September 6, 2016, challenging a decision made by the Minister of Health to partially release records under the ATIA relating to an ANDS filed by the Applicant for a drug product, including records pertaining to the formulation and manufacture of the drug.

On September 6, 2016, the Applicant notified the ATIP Division that there was an administrative error on one page of the records wherein certain drug formulation ingredients information had not been redacted from the records. Upon review of the file, concurred with the Applicant.

On October 6, 2017, the Respondent filed a motion with the consent of the Applicant to quash the Minister's decision in order to correct the administrative error. On October 16, 2017 the Court granted the order and referred the matter back for re-determination.

4. T-277-17 BIE Health Products O/B 2037839 Ontario Ltd. And Richard Beemer and Canada (Minister of Health)
A judicial review application was filed on February 27, 2017. This is an application before the Federal Court under the ATIA related to a complaint to the OIC for HC failure to respond to an ATI within the commitment date provided to the OIC. The OIC report on the complaint was not issued at the time of the complaint.

Department of Justice Counsel advised the Applicant they were preparing a motion to be filed in writing to strike the application and would seek full indemnity of costs.
The applicant filed a notice of discontinuance on May 3, 2017. On December 8, 2017, the Court assessed the Bill of Costs presented by the Respondent at $280.

5. T-278-17 Canada RNA Biochemical Inc. and Martin Kwok and Canada (Minister of Health)
A judicial review application was filed on February 27, 2017. This is an application before the Federal Court under the ATIA related to a complaint to the OIC for HC failure to respond to an ATI. At the time of the filing of the Judicial Review the OIC had not responded to the complaint.

The Applicant consented to dismiss the Application after being advised by the OIC that HC committed to respond to the ATI request by June 9, 2017. The Applicant filed a notice of discontinuance on April 13, 2017.

6. T-573-17 Margaret Friesen and Minister of Health
A judicial review application was filed on April 20, 2017 under section 41 of the ATIA related to a complaint to the OIC with regard to missing records. The records requested related the testimony of an employee of HC in a Quebec court proceeding. The OIC report found that HC initially did not conduct a reasonable search before responding to the request, but the OIC was later satisfied that a reasonable search was conducted and that all responsive records were processed.

The Applicant remained unconvinced that all of the relevant records requested had been produced and brought this application seeking relief in the form of a full and thorough review of Health Canada's decision to deny the Applicant access to the requested records and her affidavit included demands for explanations for the content of some of the documents received.

The hearing took place on November 14, 2017. On December 14, 2017 the application was dismissed awarding $500 costs in HC's favour.

7. T-1676-17 BIE Health Products O/B 2037839 Ontario Ltd. And Richard Beemer and Canada (Minister of Health)
A judicial review application was filed on November 2, 2017. This is a review of a decision made by the Minister of Health to partially release records under the ATIA related to the Applicant. The Applicant requested an order to disclose the records without any redactions or exemptions. The Application was pre-mature since a complaint to the OIC and a report on its findings is required prior to a judicial review. The respondent consented to a discontinuance, on a without costs basis if the applicant obtained the dismissal of the application at its own costs.

The Applicant filed a Notice of Discontinuance on December 12, 2017.

8. T-2092-17 Elanco Canada Limited v. CANADA (Minister of Health)
A judicial review application was filed on December 22, 2017. This is a review of a decision made by the Minister of Health to release records under the ATIA. The Applicant opposes the disclosure of information it considers to be confidential.

On February 12, 2018, a confidentiality order and a mutually agreed upon timetable for the proceedings was granted. The Applicant filed their supporting affidavits on April 3, 2018. The Respondent's Affidavits were filed on May 29, 2018. The parties are currently working on determining if reply evidence will be filed.

IV. Responses to Recommendations raised by other Agents of Parliament

There were no recommendations raised by other Agents of Parliament during fiscal
year 2017–2018.

Policies, Guidelines, Procedures and Initiatives

In 2017–2018, HC continued its efforts to formalize the internal operating procedures and carry out the ATI Action Plan. Several internal ATIP Division procedures were created or modified to continue to reinforce accountability, clarity and consistency.

Other successes arising from the action plan included stabilizing the case management and imaging software through the correction of various bugs and the improved availability of performance reports. To support personnel development and consistency, training and commitment sessions took place both in the ATIP Division and with stakeholders throughout HC. Working group meetings continued with participants from all HC branches. The objective of those meetings was to identify and leverage best practices and improve collaboration and information sharing.

In addition, the ATIP Division received funding to support the permanent hiring of several employees. Recruitments efforts went well despite the lack of specialized resources across the Government of Canada. In fiscal year 2017–2018, HC management increased the number of FTE employees administering the Act by 16. These additional resources will support HC's efforts to respond to the large volume of requests and meet the legislative requirements of the Act. The ATIP Professional Developmental Program completed the first full year and helped to accelerate the development of specialized resources and is intended to further increase the operational capacity of the ATIP Division and more widely, of the Government of Canada.

Monitoring Compliance

ATIP has undertaken the production of weekly, monthly and quarterly reporting to senior management in order to monitor the performance of HC.

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

Delegation of Authority

Access to Information Act and Privacy Act

I, the Minister of Health, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designate the persons holding the positions set out in the Delegation of Authority Schedule attached hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Minister responsible for Health Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation supersedes all previous delegation orders.

The Honourable Jane Philpott MP
Minister of Health
Nov 25, 2015

Delegation of Authority Schedule
Position	Access to Information Act and Regulations	Privacy Act and Regulations
Assistant Deputy Minister, Corporate Services Branch	Full authority	Full authority
Director General, Planning, Integration and Management Services, Corporate Services Branch	Full authority	Full authority
Director (Coordinator), Access to Information and Privacy	Full authority	Full authority except Sections: 8(2)(j), 8(2)(m), 8(5), 9(1), 9(4), 10
Deputy Director, Access toInforamtion and Privacy	Full authority	Full authority except/: Sections/: 8(2)(j), 8(2)(m), 8(5), 9(1), 9(4), 10
Director, Privacy Management Division	nil	Full authority except: Sections: 14-28 inclusively
Chief, Access to Information and Privacy	Full Authority except: Sections: Full authority except: 35(2), 52(2)(b), 52(3), 72 Regulations: Sections: Full authority	Full Authority except: Sections: Full authority except: 8(2)(j), 8(2)(m), 8(4), 8(5),9(1), 9(4), 10, 33(2) 51(2)(b), 51(3), 72(1) Regulations: Sections: Full authority except: 7
Team Leader, Access to Information and Privacy	Sections: 4(2.1), 7, 8(1), 9(1), 9(2), 10(1), 10(2), 11(2), 11(3), 11(4), 11(5), 11(6), 12(2)(b), 12(3)(b), 19, 25, 27(1), 27(4), 33, 43(1), 44(2) Regulations: Sections: Full authority	Sections: 14, 15, 16, 17(2)(b), 17(3)(b), 26, 31 Regulations: Sections: 9, 11(2), 13(1), 14
Senior Analyst, Access to Information and Privacy	Sections: 4(2.1), 7, 9(2), 27(1), 27(4), 33 Regulations: Sections: 5	Regulations: Sections: 9, 11(2)
Analyst, Access to Information and Privacy	Sections: 4(2.1), 7, 9(2) Regulations: Sections: 5	Regulations: Sections: 9, 11(2)

Appendix B: Statistical Report on the Access to Information Act

TBS/SCT 350-62
Name of institution: Health Canada
Reporting period: 2017-04-01 to 2018-03-31

1.1 Number of requests

Requests	Number of Requests
Received during reporting period	1,806
Outstanding from previous reporting period	1,612
Total	3,418
Closed during reporting period	1,808
Carried over to next reporting period	1,610

1.2 Sources of requests
Source	Number of Requests
Media	243
Academia	60
Business (private sector)	933
Organization	129
Public	260
Decline to Identify	181
Total	1,806

1.3 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
59	46	28	29	9	224	232	624

Note: All requests previously recorded as "treated informally" will now be accounted for in this section only.

2.1 Disposition and completion time

Disposition of Requests	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	15	119	46	50	12	22	22	286
Disclosed in part	30	119	96	173	74	84	272	848
All exempted	2	9	2	6	2	1	1	23
All excluded	1	2	1	3	2	1	0	10
No records exist	94	127	8	5	1	3	5	243
Request transferred	21	3	4	4	0	0	0	32
Request abandoned	146	81	14	7	5	8	97	358
Neither confirmed or denied	3	5	0	0	0	0	0	8
Total	312	465	171	248	96	119	397	1,808

2.2 Exemptions

Section	Number of Requests	Section	Number of Requests	Section	Number of Requests	Section	Number of Requests
13(1)(a)	12	16(2)	2	18(a)	14	20.1	0
13(1)(b)	5	16(2)(a)	0	18(b)	1	20.2	0
13(1)(c)	12	16(2)(b)	0	18(c)	1	20.4	0
13(1)(d)	0	16(2)(c)	62	18(d)	0	21(1)(a)	121
13(1)(e)	0	16(3)	0	18.1(1)(a)	1	21(1)(b)	78
14	2	16.1(1)(a)	1	18.1(1)(b)	1	21(1)(c)	24
14(a)	37	16.1(1)(b)	0	18.1(1)(c)	0	21(1)(d)	3
14(b)	13	16.1(1)(c)	1	18.1(1)(d)	0	22	10
15(1)	12	16.1(1)(d)	0	19(1)	756	22.1(1)	0
15(1) - I.A..^{Table 2 Footnote 11}	1	16.2(1)	0	20(1)(a)	12	23	52
15(1) - Def.^{Table 2 Footnote 22}	1	16.3	0	20(1)(b)	209	24(1)	2
15(1) - S.A.^{Table 2 Footnote 33}	0	16.4(1)(a)	0	20(1)(b.1)	0	26	2
16(1)(a)(i)	0	16.4(1)(b)	0	20(1)(c)	136
16(1)(a)(ii)	0	16.5	0	20(1)(d)	23
16(1)(a)(iii)	0	17	25
16(1)(b)	2
16(1)(c)	3
16(1)(d)	0

2.3 Exclusions

Section	Number of Requests	Section	Number of Requests	Section	Number of Requests
68(a)	30	69(1)	6	69(1)(g) re (a)	16
68(b)	0	69(1)(a)	2	69(1)(g) re (b)	0
68(c)	0	69(1)(b)	0	69(1)(g) re (c)	3
68.1	0	69(1)(c)	2	69(1)(g) re (d)	6
68.2(a)	0	69(1)(d)	1	69(1)(g) re (e)	6
68.2(b)	0	69(1)(e)	11	69(1)(g) re (f)	13
		69(1)(f)	2	69.1(1)	0
Table 2 footnote 1 I.A.: International Affairs Return to table 2 footnote 1 referrer Table 2 footnote 2 Def.: Defence of Canada Return to table 2 footnote 2 referrer Table 2 footnote 3 S.A.: Subversive Activities Return to table 2 footnote 3 referrer

2.4 Format of information released
Disposition	Paper	Electronic
All disclosed	181	105
Disclosed in part	568	280
Total	749	385

2.5.1 Relevant pages processed and disclosed
Disposition of Requests	Number of Pages Processed	Number of Pages Disclosed	Number of Requests
All disclosed	44,181	44,181	286
Disclosed in part	150,231	123,497	848
All exempted	2,942	0	23
All excluded	460	0	10
Request abandoned	176,207	0	358
Neither confirmed nor denied	0	0	8

2.5.2 Relevant pages processed and disclosed by size of requests
Disposition	Less Than 100 Pages Processed		101-500 Pages Processed		501-1000 Pages Processed		1001-5000 Pages Processed		More Than 5000 Pages Processed
Disposition	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed
All disclosed	245	4,558	29	5,672	8	5,925	2	3,000	2	25,026
Disclosed in part	565	15,991	216	42,941	39	24,170	27	38,296	1	2,099
All exempted	21	0	0	0	1	0	1	0	0	0
All excluded	8	0	2	0	0	0	0	0	0	0
Request abandoned	332	0	11	0	5	0	5	0	5	0
Neither confirmed nor denied	8	0	0	0	0	0	0	0	0	0
Total	1,179	20,549	258	48,613	53	30,095	35	41,296	8	27,125

2.5.3 Other complexities
Disposition	Consultation Required	Legal Advice Sought	Other	Total
All disclosed	46	0	17	63
Disclosed in part	329	14	35	378
All exempted	7	3	2	12
All excluded	4	5	0	9
Request abandoned	2	0	0	2
Neither confirmed nor denied	0	0	7	7
Total	388	22	54	464

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline	Principal Reason
Number of Requests Closed Past the Statutory Deadline	Workload	External Consultation	Internal Consultation	Other
733	488	48	32	165

2.6.2 Number of days past deadline
Number of Days Past Deadline	Number of Requests Past Deadline Where No Extension Was Taken	Number of Requests Past Deadline Where An Extension Was Taken	Total
1 to 15 days	38	24	62
16 to 30 days	17	21	38
31 to 60 days	27	22	49
61 to 120 days	26	56	82
121 to 180 days	18	21	39
181 to 365 days	51	55	106
More than 365 days	151	206	357
Total	328	405	733

2.7 Requests for translation
Translation Requests	Accepted	Refused	Total
English to French	0	0	0
French to English	0	0	0
Total	0	0	0

Part 3: Extensions

>3.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was Taken	9(1)(a) Interference With Operations	9(1)(b) Consultation		9(1)(c) Third-Party Notice
Disposition of Requests Where an Extension Was Taken	9(1)(a) Interference With Operations	Section69	Other	9(1)(c) Third-Party Notice
All disclosed	14	0	41	38
Disclosed in part	143	19	120	321
All exempted	1	0	6	2
All excluded	0	5	2	0
No records exist	3	0	2	1
Request abandoned	44	2	25	38
Total	205	26	196	400

3.2 Length of extensions
Length of Extensions	9(1)(a) Interference With Operations	9(1)(b) Consultation		9(1)(c) Third-Party Notice
Length of Extensions	9(1)(a) Interference With Operations	Section 69	Other	9(1)(c) Third-Party Notice
30 days or less	106	0	52	1
31 to 60 days	46	12	107	387
61 to 120 days	34	14	35	8
121 to 180 days	10	0	2	2
181 to 365 days	6	0	0	2
365 days or more	3	0	0	0
Total	205	26	196	400

Part 4: Fees

4.1 Fees
Fee Type	Fee Collected		Fee Waived or Refunded
Fee Type	Number of Requests	Amount	Number of Requests	Amount
Application	1,531	$7,655	275	$1,375
Search	0	$0	0	$0
Production	0	$0	0	$0
Programming	0	$0	0	$0
Preparation	0	$0	0	$0
Alternative format	0	$0	0	$0
Reproduction	0	$0	493	$1,413
Total	1,531	$7,655	768	$2,788

Part 5: Consultations Received From Other Institutions and Organizations

5.1 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	237	12,279	41	2,015
Outstanding from the previous reporting period	32	3585	0	0
Total	269	15,864	41	2,015
Closed during the reporting period	247	13,372	36	1,761
Pending at the end of the reporting period	22	2,492	5	254

5.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation	Number of Days Required to Complete Consultation Requests
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	61	67	22	8	2	0	5	165
Disclose in part	1	5	10	6	4	3	4	33
Exempt entirely	2	3	0	1	0	0	0	6
Exclude entirely	0	0	0	0	0	0	0	0
Consult other institution	11	6	2	1	1	1	0	22
Other	10	6	0	0	2	1	2	21
Total	85	87	34	16	9	5	11	247

5.3 Recommendations and completion time for consultations received from other organizations
Recommendation	Number of Days Required to Complete Consultation Requests
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	16	11	3	0	0	0	0	30
Disclose in part	1	2	2	0	0	0	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	0	1	0	0	0	0	0	1
Other	0	0	0	0	0	0	0	0
Total	17	14	5	0	0	0	0	36

Part 6: Completion Time of Consultations on Cabinet Confidences

6.1 Requests with Legal Services
Number of Days	Fewer Than 100 Pages Processed		101-500 Pages Processed		501-1000 Pages Processed		1001-5000 Pages Processed		More Than 5000 Pages Processed
Number of Days	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed	Number of Requests	Pages Disclosed
1 to 15	5	1	1	0	0	0	0	0	0	0
16 to 30	15	116	0	0	0	0	0	0	0	0
31 to 60	6	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	27	117	1	0	0	0	0	0	0	0

6.2 Requests with Privy Council Office
Number of Days	Fewer Than 100 Pages Processed		101-500 Pages Processed		501-1000 Pages Processed		1001-5000 Pages Processed		More Than 5000 Pages Processed
Number of Days	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	1	0	0	0	0	0	0	0	0	0
31 to 60	4	87	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	5	87	0	0	0	0	0	0	0	0

Part 7: Complaints and Investigations

7.1 Complaints and investigations
Section 32	Section 35	Section 37	Total
78	35	58	171

Part 8: Court Action

8.1 Court action
Section 41	Section 42	Section 44	Total
0	0	8	8

Part 9: Resources Related to the Access to Information Act

9.1 Costs
Expenditures		Amount
Salaries		$4,585,752
Overtime		$82,870
Goods and Services		$1,540,728
Professional services contracts	$1,272,845
Other	$267,883
Total		$6,209,350

9.2 Human Resources
Resources	Person Years Dedicated to Access to Information Activities
Full-time employees	58.86
Part-time and casual employees	2.64
Regional staff	0.00
Consultants and agency personnel	6.89
Students	0.00
Total	68.39

Appendix C: Health Canada on behalf of Indigenous Services Canada - Statistical Report on the Access to Information Act

TBS/SCT 350-62
Name of institution: Health Canada on behalf of Indigenous Services Canada
Reporting period: 2017-04-01 to 2018-03-31

1.1 Number of requests
Requests	Number of Requests
Received during reporting period	40
Outstanding from previous reporting period	0
Total	40
Closed during reporting period	40
Carried over to next reporting period	0

1.2 Sources of requests
Source	Number of Requests
Media	7
Academia	4
Business (private sector)	11
Organization	2
Public	5
Decline to Identify	11
Total	40

1.3 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