Letter to the Minister of Health (June 2026)
June 9, 2026
The Honourable Marjorie Michel
Minister of Health
hcminister.ministresc@hc-sc.gc.ca
Dear Minister,
In light of ongoing issues related to access to information at Health Canada, I am writing to give you an update on an investigation I concluded against your department.
On July 2, 2024, I ordered your predecessor to provide, no later than April 7, 2026, a complete response to an access request, applying exemption or exclusions if withholding disclosure is authorized under a specific provision of the Access to Information Act. These records were requested through an access to information request made in August 2022.
Health Canada informed my office that it would comply with the order. However, it did not meet the April deadline, nor did it apply to the Federal Court to rescind my order, which is the mechanism set out in the Act when an institution does not intend to comply with its terms.
My orders are binding, meaning an institution must comply with them, unless it applies to the Federal Court. The Act does not provide for any other recourse beyond these two options. Accordingly, on May 27, 2026, I filed an application for a writ of mandamus to compel you, as the head of the institution, to implement the terms of my order.
It should be of concern to you that I must resort to the extraordinary recourse of obtaining a court order to compel compliance, especially since this is the second time I have made this type of application as a result of Health Canada’s non-compliance with an order. Having to apply for a writ of mandamus expends resources unnecessarily and I am sure that Canadians would agree that it is not something we can afford in the current economic context. It is therefore in our mutual interest that instances of non-compliance with my orders are brought to an end.
As you know, leadership is crucial for driving change within an organization. I have often stated that the heads of institutions must lead by example and constantly remind public officials of their responsibility to provide timely access to information for Canadians. The Access to Information and Privacy office alone cannot be held accountable for ensuring compliance with the Act; it is a shared responsibility. I would add that it is the responsibility of leaders like you to ensure that this duty is understood and upheld throughout the institution.
To that end, I would respectfully ask that you issue clear and unequivocal guidance to your officials concerning Health Canada’s legal obligations and responsibilities, which include complying with my orders or otherwise applying for a review.
If you would like to discuss this or any other matter in greater detail, I will be happy to have my staff arrange a meeting or a call with you at your earliest convenience.
Sincerely,
Caroline Maynard
Information Commissioner of Canada
c.c.: Ms. Lindsay Noad, Chief of Staff
Ms. Celine Henrie, Executive Director
Access to Information and Privacy Services Directorate