The complainant alleged that Health Canada had improperly withheld information under the following provisions of the Access to Information Act:

• subsection 13(1) (confidential information from government bodies);
• subsection 19(1) (personal information);
• paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information); and
• paragraph 20(1)(c) (financial impact on a third party).

This was in response to an access request for records related to the Periodic Safety Update Report #3 for COVID-19 Vaccine provided to the European Medical Agency (EMA) on August 18, 2022. The allegation falls under paragraph 30(1)(a) of the Act.

Health Canada and the third party did not establish how any of the information met the requirements of paragraphs 20(1)(b) or 20(1)(c), although some of the information meets the requirements of subsection 13(1) and 19(1). The Information Commissioner ordered that Health Canada disclose the information withheld under only third-party exemptions and the information withheld under subsection 13(1) that has been made public. Health Canada gave notice to the Commissioner that it would comply with the order. The complaint is well founded.