The complainant alleged that Health Canada had improperly withheld information under paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) and paragraph 20(1)(c) (financial impact on a third party) of the Access to Information Act in response to an access request for information related to submissions for using Anafranil / Altius Clomipramine in the treatment of obsessive-compulsive disorder. The allegation falls under paragraph 30(1)(a) of the Act.

Both Health Canada and the third party declined to make detailed representations in support of the third-party exemptions. Both indicated that due to the passage of time, those exemptions no longer apply. The Information Commissioner ordered that Health Canada disclose the information at issue. Health Canada gave notice to the Commissioner that it would comply with the order. The complaint is well founded.