Decisions

The complainant alleged that Health Canada did not respond to an access request within the 30 day or extended period set out in section 7 of the Access to Information Act. The request was for records from specific dates related to parliamentary proceedings in 2021 and 2022 to obtain certain documents related to the Public Health Agency of Canada and the National Microbiology Laboratory. The allegation falls under paragraph 30(1)(a) of the Act.

Health Canada is deemed to have refused access to the requested records under subsection 10(3).

The investigation revealed that, despite having completed consultations and finalized the processing, the response to the access request was then put on hold.

Health Canada advised that the request was placed on hold because, at the time of the planned response to the complainant, it was informed by one of the Offices of Primary Interest (Corporate Services Branch - Security) that multiple investigations into the incident at the National Microbiology Laboratory were still ongoing.

The Information Commissioner advised that the conduct of Health Canada in relation to the request was neither authorized nor justifiable under the Act, as the Act does not authorize an institution to “pause” the response to an access request pending the outcome of an investigation. Furthermore, the Information Commissioner stated that concerns relating to the sensitivity of the information or the impact its disclosure could have on ongoing investigations are appropriately addressed through the timely application of exemptions.

The Information Commissioner notified Health Canada of her intention to order Health Canada to provide a complete response to the access request no later than the 36^th business day following the date of the final report.

Health Canada gave notice to the Commissioner that it had already provided a response to the access request. Therefore, the Commissioner advised that it was not necessary for her to issue an order to that effect. 

The complaint is well founded.

The complainant alleged that Transport Canada did not respond to an access request within the 30‑day period set out in section 7 of the Access to Information Act. The request was for records related to the Issue Paper titled: "Proposal to Amend CAR 702.19 / CASS 722.19 and CAR 702.21 / CASS 722.21 Carriage of Human External Cargo (HEC) via Helicopter, dated March 2021”. The allegation falls under paragraph 30(1)(a) of the Act.

Transport Canada did not meet its obligation to respond to the request within the 30-day period.

The investigation revealed that Transport Canada had been waiting for records from the Office of Primary Interest (OPI) tasked, Safety and Security, which had missed the tasking request, and therefore the records retrieval had to be re-sent.

The Information Commissioner notified Transport Canada of her intention to order Transport Canada to provide a complete response to the access request no later than the 36^th business day following the date of the final report.

Transport Canada gave notice to the Commissioner that it had already provided a response to the access request, advising the complainant that the responsive records were being processed under a separate access request and would be disclosed upon completion of that separate request. The Commissioner advised that Transport Canada’s response to the access request does not constitute a “complete response”, as envisioned by her order and that simply referring to another access request does not fulfill the requirement of providing a complete response. Providing actual access to the records is a key feature of a response, unless the institution is denying access. Therefore, Transport Canada is required to comply with the order.

The Commissioner also recommended that the Minister of Transport develop proper processes and procedures to ensure that Transport Canada’s OPIs will provide responsive records in a timely fashion and develop performance indicators to hold Transport Canada’s senior officials accountable for delays.

The complaint is well founded.