The complainant alleged that Health Canada had improperly withheld information under paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) of the Access to Information Act in response to an access request. The request was for documents related to a series of consultations that Health Canada organized with stakeholders, between November 30 and December 21, 2020. These consultations pertained to the Regulation Amending the Food and Drug Regulations, in particular to the Interim Order Respecting the Importation, Sale and Advertising of Drugs for Use in Relation to COVID-19: SOR/2021-45. This allegation falls under paragraph 30(1)(a) of the Act.

The complainant also alleged that Health Canada had not conducted a reasonable search for records in response to the same access request. This allegation falls under paragraph 30(1)(a) of the Act.

Neither Health Canada nor any of the third parties established that the requirements of paragraph 20(1)(b) were met. Health Canada also failed to establish that it had carried out a reasonable search when it responded to the request.

The Information Commissioner ordered that Health Canada disclose the names of the third parties in full and carry out a new search for records. Health Canada gave notice to the Commissioner that it would comply with the order. The complaint is well founded.