Organization: Health Canada Published: 2023-11-07
Health Canada is pleased to present to Parliament its consolidated annual report on the administration of Access to Information and Privacy (ATIP) services, in accordance with section 94 of the Access to Information Act (ATIA), section 72 of the Privacy Act and section 20 of the Service Fees Act. The report describes activities that support compliance with these laws for the fiscal year beginning April 1, 2022 and ending March 31, 2023.
Health Canada is the federal department responsible for helping Canadians maintain and improve their health, while respecting individual choices and circumstances. Health Canada has regional offices in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, and the Atlantic and Northern Regions.
For more information about Health Canada, please visit our website.
The ATIA gives Canadian citizens and permanent residents of Canada the right to access information contained in federal government records, subject to certain specific and limited exceptions. The ATIA complements, but does not replace, other means of obtaining government information.
The Privacy Act protects an individual's privacy by setting out provisions related to the collection, retention, accuracy, disposal, use and disclosure of personal information. It also gives Canadian citizens and permanent residents of Canada the right of access to information about themselves held by the federal government, with certain specific and limited exceptions.
ATIP Operations Division and the Privacy Management Division provide services to both the Public Health Agency of Canada and Health Canada and do so as part of the Shared Services Partnership Agreement. These divisions are housed under the Policy, Planning and Management Strategies Directorate of Health Canada’s Corporate Services Branch. ATIP Operations Division manages the processing of requests under both the ATIA and the Privacy Act, while the Privacy Management Division is responsible for privacy policy and providing guidance to programs. Although ATIP services are provided to both institutions, the statistics and financial data provided in this report are only for Health Canada.
The primary function of the ATIP Operations Division is to ensure compliance of Health Canada's program delivery with the provisions of the ATIA and the Privacy Act along with the policies and directives issued by the Treasury Board of Canada Secretariat.
The ATIP Operations Division is responsible for responding to access to information and privacy requests. It reviews information to support various disclosures including the appropriate sharing of investigation reports, proactive publication under Part 2 of the ATIA, as well as supporting Parliamentary Affairs in responding to Parliamentary motions. In addition, ATIP Operations Division promotes awareness of ATIP obligations and provides ATIP training to staff.
The ATIP Operations Division was fully operational throughout 2022-2023. Many of the measures implemented during the COVID-19 pandemic are still in place, including the increased reliance on digital systems, as they have improved the efficiency and effectiveness of the Division.
In 2022–2023, there were 87.67 full-time equivalents within the ATIP Operations Division supporting Health Canada’s administration of both the ATIA and the Privacy Act. A breakdown of the different types of full-time equivalents is provided in the table below.
The primary functions of the Privacy Management Division include supporting compliance of Health Canada's program delivery with the provisions of the Privacy Act and the policies and directives of the Treasury Board of Canada Secretariat. Responsibilities include:
Throughout 2022-2023, the Privacy Management Division was fully operational and comprised 10.82 full-time equivalents. A breakdown of the different types of full-time equivalents is provided in the table below.
In 2022-2023, there were a total of 98.49 full-time equivalents supporting the administration of the ATIA and the Privacy Act. This comprised 77.46 full-time equivalents supporting the ATIA and 21.03 full-time equivalents supporting the Privacy Act.
For clarity and greater accountability, the following table illustrates the total resources from the ATIP Operations Division and the Privacy Management Division supporting the administration of the ATIA and the Privacy Act.
| Type of FTE | ATIA ATIP Operations Division | Privacy Act ATIP Operations Division | Privacy Act Privacy Management Division | Total |
|---|---|---|---|---|
| Full-time employees | 63.65 | 8.38 | 7.40 | 79.43 |
| Part-time and casual employees | 4.00 | 0.53 | 2.49 | 7.02 |
| Regional staff | 0.00 | 0.00 | 0.00 | 0.00 |
| Consultants and agency personnel | 9.61 | 1.27 | 0.68 | 11.56 |
| Students | 0.20 | 0.03 | 0.25 | 0.48 |
| Total FTEs ATIA and Privacy Act | 77.46 | 10.21 | 10.82 | 98.49 |
Initiatives related to access to information and privacy are governed through the ATIP Executive Leaders Committee. This committee is made up of executive-level representatives from across the Department who provide leadership and strategic direction on key topics and communicate them within their respective branches. The Committee is chaired by the Director General, Policy, Planning and Management Strategies Directorate, Corporate Services Branch, who is responsible for the ATIP Operations Division and the Privacy Management Division.
ATI and privacy matters requiring a higher level of oversight are also brought forward to Health Canada’s Executive Committee for strategic direction.
In keeping with Treasury Board of Canada Secretariat recommendations on best practices, the Delegation Order extends authorities to multiple positions including the Deputy Minister, the Corporate Services Branch’s Assistant Deputy Minister, the Director General of Policy, Planning and Management Strategies Directorate, and the ATIP Coordinator. As appropriate, certain administrative authorities are delegated to various levels within the ATIP Operations Division and the Privacy Management Division to support the effective and efficient administration of the ATIAand the Privacy Act. The delegation order that was in effect at the end of 2022-2023 is included in this report (Appendix A).
Health Canada is committed to being open and transparent and continues to make more information available to Canadians. The Department continues to publish information in accordance with Part 2 of the ATIA including briefing note titles, travel and hospitality expenses, reclassification of positions, and contracts over $10,000.
Health Canada is a government institution that is listed in Schedule I of the Financial Administration Act for the purposes of Part 2 of the ATIA.
The ATIP Operations Division worked with the Strategic Policy Branch, Chief Financial Officer Branch, Corporate Services Branch and the Communications and Public Affairs Branch to ensure that records identified under Part 2 of the Access to Information Act are proactively published. Health Canada leveraged existing procedures to facilitate the proactive publication of information.
The processing of records for proactive publication involves several steps. Many of these steps are automated and an efficient approval process was implemented. A front-end approach for translation and ATI review has been established. Branches proactively identify information that may be subject to valid exceptions and ensure that briefing materials are prepared such that they can be readily published on the website.
The Strategic Policy Branch is responsible for proactively publishing the records listed in the table below for the Ministers Office and on behalf of Health Canada. In 2022-2023, the Strategic Policy Branch published all applicable proactive requirements within legislated timelines. Please see the following table for the details.
| For the Minister’s Office | Number of times the requirement was published | Published within legislated timelines |
|---|---|---|
| Briefing packages prepared by the institution for new or incoming Ministers | n/a | n/a |
| Titles and tracking numbers of briefing notes prepared by Health Canada for the Minister | 12 | Yes |
| Question period binders | 2 | Yes |
| Binders for the Ministers’ Parliamentary Committee appearances | 5 | Yes |
| On behalf of Health Canada | ||
| Reports tabled in Parliament | 2 | Yes |
| Briefing packages for new or changing deputy heads | n/a | n/a |
| Titles and tracking number of briefing notes to deputy heads | 12 | Yes |
| Binders for Parliamentary Committee appearances prepared for the deputy head or equivalent for the purpose of the appearance | 3 | Yes |
The Chief Financial Officer Branch is responsible for proactively publishing the records listed in the table below for the Ministers Office and on behalf of Health Canada. In 2022-2023, the Chief Financial Officer Branch proactively disclosed all applicable proactive requirements within legislated timelines. Please see the following table for the details.
| For the Minister’s Office | Number of times the requirement was published | Published within legislated timelines |
|---|---|---|
| Travel and hospitality expenses | 12 | Yes |
| Contracts over $10,000, including contract amendments | 4 | Yes |
| Annual reports on all expenses incurred by the Minister’s Office *Published by TBS on behalf of all institutions | 1 | Yes |
| On behalf of Health Canada | ||
| Travel and hospitality expenses of senior officials | 12 | Yes |
| Contracts over $10,000, including contract amendments | 4 | Yes |
| Grants and contributions over $25,000, including amendments | 4 | Yes |
The Corporate Services Branch is responsible for proactively publishing records related to the reclassification of positions. In 2022-2023, the Corporate Services Branch published all notices for reclassification of position within legislated timelines. Please see the following table for the details.
| On behalf of Health Canada | Number of times the requirement was published | Published within legislated timelines |
|---|---|---|
| Reclassification of positions | 4 | Yes |
The Communications and Public Affairs Branch is responsible for publishing records to the Government of Canada’s Open Government website. Records that have been proactively published can be found on Canada.ca.
Health Canada received and processed ATIP requests at all classification levels throughout the year. The department received requests by mail, email, and through the digital request service.
Detailed information about Health Canada’s capacity to receive and process records can be found in the Supplemental Statistical Report on the Access to Information Act and Privacy Act (Appendix D).
In 2022-2023, Health Canada received 2,811 requests (Access to Information, Access Informal and Privacy) and closed 2,623. When compared to the previous fiscal year, Health Canada received 2.6% more requests and closed 6% more requests.
| Type of Request | Received | Closed |
|---|---|---|
| Access to Information | 1,687 | 1,679 |
| Access Informal | 916 | 723 |
| Privacy | 208 | 221 |
| Total | 2,811 | 2,623 |
The following section of the report includes an interpretation and explanation of the data contained in Health Canada’s Statistical Report, which summarizes Access to Information and Privacy-related activity for the period between April 1, 2022 and March 31, 2023 (Appendix B – ATI and Appendix C – Privacy)
Requests can be made for records previously released under the ATIA, which are referred to as Access Informal Requests. Summaries of previously released ATI requests are posted monthly on the Open Government website where the public can make a request for the previously released records. This forms part of the Government of Canada’s commitment to openness and transparency.
Health Canada received 916 Access Informal requests and processed 723 in 2022-2023. A total of 383 requests were carried over to the next reporting period.
Throughout 2022-2023, Health Canada managed a total of 3,600 active ATI requests; 1,913 were outstanding requests from previous years while 1,687 were received during 2022-2023. Of the 1,913 outstanding requests, 923 were received in the 2021-2022 fiscal year while 990 were from previous years. Further details of the breakdown for outstanding requests from previous years can be found in Section 3.1 of Appendix C.
Health Canada closed 1,679 ATI requests and carried forward 1,921 to the 2023-2024 fiscal year. Of the 1,921 that are carried forward, 369 are within legislated timelines while 1,552 are beyond the legislated timelines. Further details of this breakdown can be found in section 1 of Appendix B.
A high volume of requests were carried forward. This is largely due to the pandemic and its impact to operations early on. The Division is well positioned to deal with its accumulated inventory with a dedicated Backlog Team. This team has experience processing some of the oldest, largest and most complex requests.
Although Health Canada received and closed fewer requests when compared to the previous fiscal year, it reviewed more pages in 2022-2023. In the previous fiscal year, 364,151 pages were reviewed and 2036 requests were closed while 385,225 pages were reviewed and 1,679 requests were closed in 2022-2023.
In 2022-2023, Health Canada closed a total of 1,679 requests. Below is the breakdown of the time taken to process these requests:
Of the 1,679 requests that Health Canada closed in 2022-2023, 760 requests (45%) were closed within legislated timelines (30 days plus applicable extension) while 919 (55%) were closed past the legislated timelines.
The breakdown of the time taken to the 919 process requests closed past legislated timelines (including any extensions taken) is as follows:
Requests are closed past the legislated timelines for a number of reasons:
Please note that small data variances may exist from year to year, including in the previously reported number of outstanding requests carried forward into the current fiscal year. Several reasons contribute to inevitable shifts in data, including requests by the Office of the Information Commissioner to re-open ATI requests in the context of complaint resolution, and requesters seeking to divide one incoming request into several files while retaining the initial date received.
A high number of pages were reviewed for eight of the requests closed in 2018-2019. These eight closed requests represent 735,402 of the 955,667 pages reviewed.
The majority of Health Canada’s ATI requests come from private businesses, mostly in the health sector (pharmaceutical, medical devices, natural health products, etc.), requesting records related to their competitors and their own products. Private businesses made up 51.7% of requests, a decrease of 4.3% from last year.
A total of 14.7% of requests came from the public, 13.2% from the media, 5.5% from organizations, 2.1% from academia and 12.8% declined to identify which category they associate with.
| Source | Number of requests | Proportion of requests | Change from 2021-2022 |
|---|---|---|---|
| Business (Private Sector) | 872 | 51.7% | -4.3% |
| Public | 248 | 14.7% | -0.6% |
| Media | 223 | 13.2% | +0.2% |
| Decline to Identify | 216 | 12.8% | +5.6% |
| Organizations (e.g. political party, association, union) | 93 | 5.5% | -1.4% |
| Academia | 35 | 2.1% | +0.5% |
| Total | 1,687 | 100% |
The majority of extensions, 985 (85%) invoked under the ATIA were to conduct consultations with third parties and other government departments while 169 (15%) were taken due to interference with operations for requests involving a large volume of records.
Completing third party consultations is a necessary step in the process, enabling Health Canada to release as much information as possible. Over the last several years, Health Canada has made more information accessible, continuously reassessing the balance between its commitment to openness and transparency, with the need to safeguard confidential business information. Health Canada’s commitment to transparency can be at odds with the views of third parties, who can challenge Health Canada’s proposed release of information, by seeking judicial review of Health Canada’s intended disclosure.
In addition to processing its own requests, Health Canada also completes consultations received from other institutions and organizations.
In 2022-2023, Health Canada managed 241 consultations from other Government of Canada institutions (219 received in the 2022-2023 fiscal year and 22 received in 2021-2022). Health Canada also managed 29 consultations from other organizations (27 received in the 2022-2023 fiscal year and 2 received in 2021-2022).
Health Canada closed 235 consultations, reviewing 34,796 pages of records. A total of 18 consultations were carried over within negotiated timelines while 17 consultations were carried over beyond negotiated timelines.
Health Canada received fewer (-2.7%) consultations from other Government of Canada institutions and other organizations when compared to the previous fiscal year and closed fewer (-17.5%) consultation requests. In most cases, Health Canada consented to full disclosure of the records.
Of the ATI requests completed in 2022-2023, 82% were either disclosed in part (72% of requests) or all disclosed (10% of requests). Ten percent of ATI requests were abandoned, while no records existed for 8% of requests. The breakdown of the remaining ‘other’ completed files is as follows:
*Numbers may not add up due to rounding.
Sections 13 to 24 of the ATIA provides specific legislated exemptions intended to protect information from disclosure, while section 26 provides a temporary exemption relating to information that will soon be published. In some instances, records may have multiple exemptions applied to them to appropriately safeguard information.
The majority (1,198) of exemptions applied were for section 19(1); this is a mandatory exemption that safeguards personal information. The application of section 20 (to protect third party information) in 287 requests required consultations to ensure that only proprietary and commercially sensitive information is protected. Section 21 (the protection of information related to government operations) was applied to 153 requests. For a detailed breakdown of exemptions see table 4.2 Exemptions.
The Access to Information Act does not apply to published material, material available to the public for purchase, or for public reference (section 68), nor does it apply to confidences of the King's Privy Council of Canada (section 69). Requests containing proposed exclusions under section 69 require consultation with the Department of Justice and, in some cases, the Privy Council Office.
In 2022-2023, 20 requests contained exclusions for publicly available material and 55 requests had records pursuant to confidences of the King’s Privy Council of Canada.
No translations were required to respond to requests in 2022-2023.
Of the requests that were fully or partially disclosed, 1,292 were released as electronic copies, 66 were released in paper format, and 8 were released as a data set. Health Canada releases records in the preferred format of the requestor while encouraging the use of the Government of Canada’s ATIP Online Request Service platform to receive timely and secure access to the records.
No informal requests were made in 2022-2023.
In 2022-2023, Health Canada managed 264 active privacy requests. Of this, 208 were privacy requests received in 2022-2023 while 56 were outstanding requests from previous reporting periods.
A total of 221 privacy requests were closed and 43 privacy requests were carried forward to the 2023-2024 fiscal year. Of the 43 privacy requests carried forward to 2023-2024, 23 were carried forward within legislated timelines while 20 were carried over beyond the legislated timelines. Health Canada closed more requests than received. For detailed information about outstanding requests from previous fiscal years, please see section 1 of Appendix C.
Many of the requests received are for access to public servants’ medical records, as the Public Service Occupational Health Program is operated by Health Canada. In addition, requests are received from current and former Health Canada employees who want to obtain their personal information, and from people who have applied for employment at Health Canada or the Public Health Agency of Canada, seeking the details of their applications.
In 2022-2023 Health Canada closed a total of 221 privacy requests. Below is a breakdown of the time taken to process these requests:
Of the 221 requests that Health Canada closed in 2022-2023, 172 (77.8%) privacy requests were closed within legislated timelines (30 days plus applicable extensions) while 49 (22.2%) were closed beyond legislated timelines.
The breakdown of the time taken to process the 49 requests closed past legislated timelines (including any extensions taken) is as follows:
Requests are closed past the legislated timelines for a number of reasons:
In accordance with the Treasury Board of Canada Secretariat Directive on Personal Information Requests and Correction of Personal Information, Health Canada continues to notify requesters in writing of anticipated delays.
| Fiscal Year | Number of requests received | Number of requests outstanding from previous fiscal years | Total caseload | Number of requests closed | Number of pages reviewed for closed files |
|---|---|---|---|---|---|
| 2018–2019 | 219 | 49 | 268 | 215 | 21,612 |
| 2019–2020 | 235 | 54 | 289 | 236 | 19,008 |
| 2020-2021 | 139 | 54 | 193 | 144 | 9,630 |
| 2021-2022 | 219 | 56 | 268 | 212 | 15,762 |
| 2022-2023 | 208 | 56 | 264 | 221 | 16,173 |
For the 25 requests where extensions were taken, 21 were due to the interference with operations for a large volume of requests, while four extensions were taken for internal consultation. Under the Privacy Act, 30 days is the longest extension that can be taken.
Health Canada received two consultations from other Government of Canada institutions, totaling 28 pages. Both were completed in 2022-2023.
Approximately 34% of the privacy requests completed in 2022-2023 were either disclosed in part (29% of requests) or all disclosed (5% of requests). The breakdown of the remaining files is as follows:
*Numbers may not add up due to rounding.
Of the 76 exemptions applied to privacy requests in 2022-2023, 67 (88%) were to protect the personal information of individuals other than the requester, seven exemptions (9%) were invoked to give third parties written notice and the two (3%) remaining exemptions were related to investigations.
No exclusions were applied to privacy request releases made in 2022-2023.
No translations were required to respond to requests in 2022-2023.
Of the requests that were fully or partially disclosed, 63 were released as electronic copies while 14 were released in paper format.
During 2022-2023, the Privacy Management Division received a total of 590 requests for privacy advice from Health Canada clients, four were COVID-19 related. In the previous fiscal year, the Privacy Management Division received 564 requests, 44 were COVID-19 related. Year after year, the volume and complexity of files continues to increase, requiring in-depth privacy analysis, on an expanding range of topics.
In 2022-2023, the Privacy Management Division provided privacy advice to Health Canada program clients on contracts, digital solutions, the handling of personal information, use and disclosure of personal information, and privacy risk assessments of programs, activities and research projects.
Health Canada is committed to properly handling personal information under its control and ensuring that privacy requirements and risks are considered when new initiatives are developed and deployed.
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.
With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.
Enabling authority: Access to Information Act
Fee amount: The $5.00 application fee is the only fee charged for an ATI request.
Total Revenue: The total fee revenue for 2022-2023 was $6,920.
Fees waived: In accordance with the changes to the Access to Information Act that came into force on June 21, 2019, Health Canada may only charge an application fee of $5, as set out in paragraph 7(1)(a) of the Regulations. Pursuant to section 11 of the Access to Information Act, institutions can waive this application fee as deemed appropriate.
A total of $1,515 was waived or refunded by Health Canada in 2022-2023.
Health Canada spent a total of $7,489,151 on ATI functions in 2022-2023. Of this total, salaries and overtime costs represent $5,255,307 and goods and services costs were $2,233,844. Most of the goods and services costs ($2,112,793) were used to retain temporary resources to address outstanding active requests.
Health Canada spent a total of $2,154,608 on privacy functions in 2022-2023. Of this total, salaries and overtime costs were $1,693,941. Temporary resources to support the processing of privacy requests accounted for $437,568 and other goods and services costs were $23,099.
On September 28, 2022, the ATIP Operations Division was honored with an award from the Information Commissioner of Canada. The Information Commissioner’s award recognized the ATIP Operations Division for its leadership and innovation.
An online ‘ATIP Fundamentals’ course, offered by the Canada School of Public Service, is available to all staff and is recommended as a foundation for all departmental employees. A total of 363 employees completed this course in 2022-2023. In addition, in 2022-2023 Health Canada conducted Access to Information and Privacy Request training for 2,025 employees. Training is available to groups by request and is tailored for each session to include examples that are relevant to the nature of work of the participants. Health Canada also provides training related to proactive publication as needed. Training is promoted at all Single Window working group meetings and on Health Canada’s intranet site.
During 2022-2023, the Privacy Management Division delivered several virtual privacy training sessions to various groups within Health Canada. These sessions included training for the Office of Controlled Substances, Human Resources, and the Access to Information and Privacy Operations Division. In total, 355 Health Canada employees attended the Privacy Management Division's virtual training sessions.
The Privacy Management Division’s online privacy training is available to all Health Canada employees. Approximately, 800 Health Canada employees completed the training in 2022-2023. Throughout the year, regular communications are sent to all employees on training and privacy-related matters with the aim of supporting a culture of strong privacy awareness within the department.
In 2022, Canada celebrated Right to Know Week from September 26th to October 2nd. Health Canada kicked off the event with a message from the Deputy Minister, highlighting the importance of preserving the “public’s right to access to government information as a fundamental component of our democracy”. Health Canada promoted the online ATIP courses offered by the Canada School of Public Service, shared resources on responding to ATIP requests, and highlighted Duty to Assist.
The Treasury Board of Canada Secretariat finalized the Government of Canada’s report on the review of Access to Information in Canada and presented it to Parliament in 2022. Health Canada supported this review by consulting with branches, identifying key issues and proposing potential solutions. In the report, three main goals were identified:
Health Canada is committed to supporting these goals.
The ATIP Betterment Solutions working group was launched in April 2022. At this working group, ATIP analysts identify and prioritize issues, identify solutions, and prepare tools for employees and Single Windows. This working group fosters a culture of innovation by promoting employee participation.
The ATIP Coordinator’s Working Group was launched in October 2018 comprises ATIP Coordinators representing 30 institutions. Health Canada’s ATIP Coordinator continued to co-chair the working group. This working group fosters open communication and knowledge sharing across institutions, meeting monthly to discuss common and emerging issues and to share best practices and tools.
The ATIP Operations Division’s professional development program was launched in January 2017. This program allows employees to progress based on performance, without the need of a competitive hiring process. In 2022-2023, 21 Analysts were enrolled in the program and 12 advanced to the next level. The Professional Development Program helps increase ATIP capacity within the Government of Canada.
Health Canada has increased its capacity through targeted post-secondary recruitment campaigns. In addition to meeting its own hiring needs, the list of qualified candidates is made available to other institutions, helping to increase capacity across government.
An internal privacy audit was concluded during fiscal year 2019-2020 on the management of privacy practices at Health Canada the Public Health Agency of Canada. The audit made four recommendations to further strengthen the management of privacy practices.
The recommendation to incorporate Sex and Gender-Based Analysis Plus (SGBA+) considerations into the Privacy Management Division processes is complete. The Privacy Management Division is working to complete the remaining recommendations in 2023-2024.
A copy of the full audit report can be found at https://www.canada.ca/en/public-health/corporate/transparency/corporate-management-reporting/internal-audits/reports/management-privacy-practices-2019.html
In 2022–2023, 60 complaints under the ATIA were filed with the Office of the Information Commissioner for Health Canada's requests, representing an increase of 26% from the 46 filed in 2021-2022. Health Canada received 12 final investigation reports from the Office of the Information Commissioner. Two of the 12 final reports contained recommendations issued by the information commissioner while one contained orders.
Areas of complaint include deemed refusal (late), time extensions taken, and exemptions applied, in particular related to personal information and third party information. Health Canada reviews the outcomes of all Office of the Information Commissioner investigations, and where appropriate, incorporates lessons learned into business processes.
Individuals and Organizations who believe federal institutions have not respected their rights under the ATIA may ask the Office of the Information Commissioner to investigate within 60 days of receiving a release package from a federal institution. The following table lists the number of open complaints that are with the Information Commissioner of Canada by year.
| Fiscal year open complaints were received by Health Canada | Number of open complaints |
|---|---|
| Received in 2022-2023 | 41 |
| Received in 2021-2022 | 11 |
| Received in 2020-2021 | 5 |
| Received in 2019-2020 | 6 |
| Received in 2018-2019 | 2 |
| Received in 2017-2018 | 3 |
| Total | 68 |
Health Canada communicates and collaborates with the Office of the Information Commissioner to ensure the effective handling and resolution of complaints.
During 2022-2023, 18 complaints related to the handling of personal information by Health Canada were received under Section 31 of the Privacy Act. Of the 18 complaints, 13 were resolved using the Office of the Privacy Commissioner of Canada’s early resolution process. Five representations were provided under Section 33 of the Privacy Act. Four letters of findings were received under Section 35 from the Office of the Privacy Commissioner relating to complaints.
Individuals have the right to make a complaint to the Privacy Commissioner of Canada. The following table lists the number of open complaints with the Privacy Commissioner of Canada by year.
| Fiscal year open complaints were received by Health Canada | Number of open complaints |
|---|---|
| Received in 2022-2023 | 3 |
| Received in 2021-2022 | 2 |
| Received in 2020-2021 | 2 |
| Total | 7 |
Health Canada communicates and collaborates with the Office of the Privacy Commissioner to ensure the effective handling and resolution of complaints.
In 2022–2023, a total of ten court cases were active at the end of the year. These cases are summarized in Appendix E.
No applications or appeals were made to the Federal Court or the Federal Court of Appeal during the 2022–2023 fiscal year.
ATIP Operations Division produces weekly, monthly and semi-annual reports to senior management in order to monitor performance within Health Canada. This includes incoming volume of requests, number of closed requests, and timelines of retrieval of records. In addition, the ATIP Operations Division assists branches conduct a detailed analysis to identify frequent request types and explore alternate methods to disclose such information.
The Privacy Management Division produces quarterly reports to senior management on privacy breaches, training as well as requests for privacy analysis. The Privacy Management Division supports compliance by periodically reviewing its privacy policies, procedures and practices.
In response to the 2019-2020 audit on the management of privacy practices at Health Canada and the Public Health Agency of Canada, the Privacy Management Division will implement a monitoring and follow-up process for Privacy Impact Assessments and protocol recommendations in 2023-2024.
The Privacy Management Division assists programs, ensuring the appropriate privacy protections are included in contracts, agreements and arrangements (e.g. review contracts and information sharing agreements).
During 2022-2023, Health Canada reported no material privacy breaches to the Office of the Privacy Commissioner and the Treasury Board Secretariat.
During 2022-2023, two Privacy Impact Assessments were completed.
The Cannabis Regulations and the Industrial Hemp Regulations, which support the Cannabis Act, create a strict framework for controlling the production, distribution, sale and possession of cannabis and industrial hemp in Canada. Under this framework, licences and authorizations are required to conduct various activities with cannabis and hemp. In accordance with the Treasury Board Directive on Privacy Impact Assessments, a Privacy Impact Assessment was completed to ensure compliance with the Privacy Act and Treasury Board policies. The Privacy Impact Assessment identified mitigation actions to address any potential privacy concerns. A summary of this Privacy Impact Assessment has not yet been published. For more information, please contact by email: privacy-vie.privee@hc-sc.gc.ca.
The Investigation Process for Allegations of Breach of Scientific Integrity is designed to allow for the reporting and subsequent investigation (if required) of potential breaches of scientific integrity. In accordance with the Treasury Board Directive on Privacy Impact Assessments, a Privacy Impact Assessment was completed to ensure compliance with the Privacy Act and Treasury Board policies. The Privacy Impact Assessment identified mitigation actions to address any potential privacy concerns. A summary of this Privacy Impact Assessment has not yet been published. For more information, please contact by email: privacy-vie.privee@hc-sc.gc.ca.
During 2022-2023, there were no disclosures made under section 8(2)(m) of the Privacy Act and no section 8(5) written notifications were provided to the Office of the Privacy Commissioner.
The tables below outline which positions can exercise the powers, duty or functions of the Minister, under the provisions of the Act.
| Provision | Description | DM | Assoc. DM | ADM CSB | DG PIMSD | Executive Dir, ATIP Ops Dir, ATIP Ops |
|---|---|---|---|---|---|---|
| All powers, duties and functions under the Access to Information Act, R.S.C. 1985, c. A-1 (prior to and following June 21, 2019) and related regulations (prior to and following June 21, 2019) | Full authority | |||||
| Provision | Description | Dir, PMD | Deputy Dir / Manager, ATIP Ops | Team Leader/ Senior Advisor | Senior Analyst | Analyst |
|---|---|---|---|---|---|---|
| 4(2.1) | Responsibility of government institutions | No | Yes | Yes | Yes | Yes |
| 6.1(1) | Reasons for declining to act on request | No | Yes | No | No | No |
| 6.1(1.3), (1.4), (2) | Notice – suspension, end of suspension | No | Yes | Yes | Yes | No |
| 7 | Notice when access requested | No | Yes | Yes | Yes | Yes |
| 8(1) | Transfer of request | No | Yes | Yes | No | No |
| 9 (1) | Extension of time limits | No | Yes | Yes | No | No |
| 9(2) | Notice of extension to Information Commissioner | No | Yes | Yes | Yes | Yes |
| 10 | Where access is refused | No | Yes | Yes | No | No |
| 11(2) | Application Fee Waiver | No | Yes | Yes | No | No |
| 12(2)(b) | Language of access | No | Yes | Yes | No | No |
| 12(3)(b) | Access to record in alternative format | No | Yes | Yes | No | No |
| Exemption Provisions of the Access to Information Act | ||||||
| 13 | Information obtained in confidence | No | Yes | No | No | No |
| 14 | Federal-provincial affairs | No | Yes | No | No | No |
| 15 | International affairs and defence | No | Yes | No | No | No |
| 16 | Law enforcement and investigations | No | Yes | Yes | No | No |
| 16.5 | Public Servants Disclosure Protection Act | No | Yes | No | No | No |
| 17 | Safety of individuals | No | Yes | No | No | No |
| 18 | Economic interests of Canada | No | Yes | No | No | No |
| 18.1 | Economic interest of certain government institutions | No | Yes | No | No | No |
| 19 | Personal information | No | Yes | Yes | No | No |
| 20 | Third party information | No | Yes | Yes | No | No |
| 21 | Advice, etc. | No | Yes | No | No | No |
| 22 | Testing procedures, tests and audits | No | Yes | No | No | No |
| 22.1 | Internal Audits | No | Yes | No | No | No |
| 23 | Protected information – solicitors, advocates and notaries | No | Yes | Yes | No | No |
| 23.1 | Protected information – patents and trade-marks | No | Yes | Yes | No | No |
| 24 | Statutory prohibitions against disclosure | No | Yes | Yes | No | No |
| Other Provisions of the Access to Information Act | ||||||
| 25 | Severability | No | Yes | Yes | No | No |
| 26 | Refusal of access if information to be published | No | Yes | No | No | No |
| 27(1), (4) | Notice to third parties | No | Yes | Yes | Yes | No |
| 28(1)(b), (2), (4) | Representations of third party and decision | No | Yes | No | No | No |
| 33 | Notice to Information Commissioner of notices to third parties | No | Yes | Yes | Yes | No |
| 35(2)(b) | Right to make representations | No | No | No | No | No |
| 37(1)(c) | Notice of actions to implement recommendations of Commissioner | No | No | No | No | No |
| 37(4) | Access to be given to complainant | No | Yes | No | No | No |
| 41(2) | Review by Federal Court – government institution | No | No | No | No | No |
| 43(2) | Service or notice of application to Federal Court for review | No | Yes | Yes | No | No |
| 44(2) | Notice to person who requested record | No | Yes | Yes | No | No |
| 52(2)(b), 52(3) | Special rules for hearings | No | No | No | No | No |
| 94 | Annual report – government institutions | No | No | No | No | No |
| 96(3) | Notice of Provision of services related to access to information | No | No | No | No | No |
| 96(5) | Spending authority | No | No | No | No | No |
| Access to InformationRegulations | ||||||
| 6(1) | Transfer of request | No | Yes | No | No | No |
| 8 | Method of access | No | Yes | No | No | No |
| 8.1 | Limitations in respect of format | No | Yes | No | No | No |
| Description | DM | Assoc. DM | ADM CSB | DG PIMSD |
|---|---|---|---|---|
| All powers, duties and functions under the Act and Regulations | Full authority | |||
| Description | Executive Dir, ATIP Ops Dir, ATIP Ops | Dir, PMD |
|---|---|---|
| All powers, duties and functions under the Act and Regulations, with noted exceptions | Full authority except Sections 8(2)(j), 8(2)(m), 8(5), 9(1), 9(4), 10 | Full authority except Sections 14-28 inclusively |
| Provision | Description | Deputy Dir / Manager ATIP Ops | Team Leader/ Senior Advisor | Senior Analyst | Analyst |
|---|---|---|---|---|---|
| 8(2)(j) | Disclosure for research or statistical purposes | No | No | No | No |
| 8(2)(m) | Disclosure in the public interest or in the interest of the individual | No | No | No | No |
| 8(4) | Copies of requests under paragraph 8(2)(e) | No | No | No | No |
| 8(5) | Notice of disclosure under paragraph 8(2)(m) | No | No | No | No |
| 9(1) | Record of disclosures to be retained | No | No | No | No |
| 9(4) | Consistent uses | No | No | No | No |
| 10 | Personal information to be included in personal information banks | No | No | No | No |
| 14(a) | Notice where access requested | Yes | Yes | Yes | No |
| 14(b) | Giving access to the record | Yes | Yes | No | No |
| 15 | Extension of time limits | Yes | Yes | Yes | No |
| 16 | Where access is refused | Yes | Yes | No | No |
| 17(2)(b) | Language of access | Yes | Yes | No | No |
| 17(3)(b) | Access in an alternative format | Yes | Yes | No | No |
| 18(2) | Exempt banks | Yes | No | No | No |
| 19 | Information obtained in confidence | Yes | No | No | No |
| 20 | Federal-provincial affairs | Yes | No | No | No |
| 21 | International affairs and defence | Yes | No | No | No |
| 22 | Law enforcement and investigations | Yes | No | No | No |
| 22.3 | Public Servants Disclosure Protection Act | Yes | No | No | No |
| 23 | Security clearances | Yes | No | No | No |
| 24 | Individuals sentenced for an offence | Yes | No | No | No |
| 25 | Safety of individuals | Yes | No | No | No |
| 26 | Information about another individual | Yes | Yes | No | No |
| 27 | Protected information – solicitors, advocates and notaries | Yes | Yes | No | No |
| 27.1 | Protected information – patents and trade-marks | Yes | Yes | No | No |
| 28 | Medical records | Yes | No | No | No |
| 33(2) | Right to make representations | No | No | No | No |
| 35(1)(b) | Notice of actions to implement recommendations of Commissioner | Yes | No | No | No |
| 35(4) | Access to be given to complainant | Yes | No | No | No |
| 36(3)(b) | Notice of actions to implement recommendations of Commissioner concerning exempt banks | Yes | No | No | No |
| 51(2)(b),(3) | Special rules for hearings | No | No | No | No |
| 72 | Annual report to Parliament | No | No | No | No |
| 73.1(3) | Notice of Provision of services related to privacy | No | No | No | No |
| 73.1(5) | Spending authority | No | No | No | No |
| Privacy Regulations | |||||
| 7 | Retention of personal information requested under paragraph 8(2)(e) | No | No | No | No |
| 9 | Examination of information | Yes | Yes | Yes | Yes |
| 11(2),11(4) | Notification concerning corrections | Yes | Yes | Yes | Yes |
| 13(1) | Disclosure of personal information relating to physical or mental health | Yes | Yes | No | No |
| 14 | Examination in presence of medical practitioner or psychologist | Yes | Yes | No | No |
Reporting period: 2022-04-01 to 2023-03-31. Data extracted on May 29, 2023.
| Source | Number of requests |
|---|---|
| Media | 223 |
| Academia | 35 |
| Business (private sector) | 872 |
| Organization | 93 |
| Public | 248 |
| Decline to Identify | 216 |
| Total | 1,687 |
| Source | Number of requests |
|---|---|
| Online | 1,657 |
| 11 | |
| 19 | |
| In person | 0 |
| Phone | 0 |
| Fax | 0 |
| Total | 1,687 |
| Source | Number of requests |
|---|---|
| Online | 916 |
| 0 | |
| 0 | |
| In person | 0 |
| Phone | 0 |
| Fax | 0 |
| Total | 916 |
| Completion time | |||||||
|---|---|---|---|---|---|---|---|
| 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total |
| 54 | 65 | 63 | 200 | 186 | 155 | 0 | 723 |
| Less than 100 pages released | 100 to 500 pages released | 501 to 1,000 pages released | 1,001 to 5,000 pages released | More than 5,000 pages released | |||||
|---|---|---|---|---|---|---|---|---|---|
| Number of requests | Pages released | Number of requests | Pages released | Number of requests | Pages released | Number of requests | Pages released | Number of requests | Pages released |
| 62 | 1,422 | 22 | 4,814 | 7 | 4,429 | 3 | 4,416 | 0 | 0 |
| Less than 100 pages re-released | 100 to 500 pages re-released | 501 to 1,000 pages re-released | 1,001 to 5,000 pages re-released | More than 5,000 pages re-released | |||||
|---|---|---|---|---|---|---|---|---|---|
| Number of requests | Pages re-released | Number of requests | Pages re-released | Number of requests | Pages re-released | Number of requests | Pages re-released | Number of requests | Pages re-released |
| 391 | 10,422 | 173 | 45,538 | 35 | 21,664 | 28 | 58,005 | 2 | 13,170 |
| Category | Number of requests |
|---|---|
| Outstanding from previous reporting period | 0 |
| Sent during reporting period | 0 |
| Total | 0 |
| Approved by the Information Commissioner during reporting period | 0 |
| Declined by the Information Commissioner during reporting period | 0 |
| Withdrawn during reporting period | 0 |
| Carried over to next reporting period | 0 |
| Disposition of requests | 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total |
|---|---|---|---|---|---|---|---|---|
| All disclosed | 2 | 21 | 27 | 49 | 15 | 19 | 29 | 162 |
| Disclosed in part | 17 | 102 | 66 | 462 | 121 | 164 | 272 | 1,204 |
| All exempted | 0 | 0 | 1 | 5 | 1 | 0 | 1 | 8 |
| All excluded | 0 | 1 | 1 | 0 | 0 | 1 | 2 | 5 |
| No records exist | 25 | 64 | 21 | 13 | 2 | 3 | 1 | 129 |
| Request transferred | 6 | 0 | 0 | 0 | 1 | 0 | 0 | 7 |
| Request abandoned | 61 | 20 | 8 | 4 | 5 | 2 | 64 | 164 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Decline to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 111 | 208 | 124 | 533 | 145 | 189 | 369 | 1,679 |
| Section | Number of requests |
|---|---|
| 13(1)(a) | 8 |
| 13(1)(b) | 5 |
| 13(1)(c) | 14 |
| 13(1)(d) | 0 |
| 13(1)(e) | 0 |
| 14 | 12 |
| 14(a) | 18 |
| 14(b) | 15 |
| 15(1) | 11 |
| 15(1) - International Affairs | 9 |
| 15(1) - Defence of Canada | 2 |
| 15(1) - Subversive Activities | 0 |
| 16(1)(a)(i) | 0 |
| 16(1)(a)(ii) | 0 |
| 16(1)(a)(iii) | 0 |
| 16(1)(b) | 4 |
| 16(1)(c) | 7 |
| 16(1)(d) | 1 |
| 16(2) | 7 |
| 16(2)(a) | 0 |
| 16(2)(b) | 0 |
| 16(2)(c) | 31 |
| 16(3) | 0 |
| 16.1(1)(a) | 0 |
| 16.1(1)(b) | 0 |
| 16.1(1)(c) | 0 |
| 16.1(1)(d) | 0 |
| 16.2(1) | 0 |
| 16.3 | 0 |
| 16.4(1)(a) | 0 |
| 16.4(1)(b) | 0 |
| 16.5 | 0 |
| 16.6 | 0 |
| 17 | 0 |
| 18(a) | 2 |
| 18(b) | 6 |
| 18(c) | 0 |
| 18(d) | 0 |
| 18.1(1)(a) | 0 |
| 18.1(1)(b) | 0 |
| 18.1(1)(c) | 0 |
| 18.1(1)(d) | 0 |
| 19(1) | 1,198 |
| 20(1)(a) | 9 |
| 20(1)(b) | 172 |
| 20(1)(b.1) | 0 |
| 20(1)(c) | 91 |
| 20(1)(d) | 15 |
| 20.1 | 0 |
| 20.2 | 0 |
| 20.4 | 0 |
| 21(1)(a) | 59 |
| 21(1)(b) | 75 |
| 21(1)(c) | 18 |
| 21(1)(d) | 1 |
| 22 | 2 |
| 22.1(1) | 0 |
| 23 | 35 |
| 23.1 | 0 |
| 24(1) | 4 |
| 26 | 0 |
| Section | Number of requests |
|---|---|
| 68(a) | 19 |
| 68(b) | 0 |
| 68(c) | 0 |
| 68.1 | 1 |
| 68.2(a) | 0 |
| 68.2(b) | 0 |
| 69(1) | 17 |
| 69(1)(a) | 5 |
| 69(1)(b) | 0 |
| 69(1)(c) | 4 |
| 69(1)(d) | 0 |
| 69(1)(e) | 0 |
| 69(1)(f) | 0 |
| 69(1)(g) re (a) | 10 |
| 69(1)(g) re (b) | 0 |
| 69(1)(g) re (c) | 5 |
| 69(1)(g) re (d) | 5 |
| 69(1)(g) re (e) | 5 |
| 69(1)(g) re (f) | 4 |
| 69.1(1) | 0 |
| Paper | Electronic: e-record | Electronic: data set | Electronic: video | Electronic: audio | Other |
|---|---|---|---|---|---|
| 66 | 1,292 | 8 | 0 | 0 | 0 |
| Number of pages processed | Number of pages disclosed | Number of requests |
|---|---|---|
| 385,225 | 356,835 | 1,543 |
| Disposition | Less than 100 pages processed | 100 to 500 pages processed | 501 to 1,000 pages processed | 1,001 to 5,000 pages processed | More than 5,000 pages processed | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of requests | Pages processed | Number of requests | Pages processed | Number of requests | Pages processed | Number of requests | Pages processed | Number of requests | Pages processed | |
| All disclosed | 117 | 2,951 | 34 | 7,237 | 6 | 3,496 | 3 | 7,106 | 2 | 37,807 |
| Disclosed in part | 572 | 17,333 | 517 | 121,258 | 79 | 53,286 | 33 | 59,905 | 3 | 62,369 |
| All exempted | 6 | 47 | 2 | 377 | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 5 | 43 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 152 | 272 | 4 | 842 | 3 | 2,632 | 5 | 8,264 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 852 | 20,646 | 557 | 129,714 | 88 | 59,414 | 41 | 75,275 | 5 | 100,176 |
| Number of minutes processed | Number of minutes disclosed | Number of requests |
|---|---|---|
| 0 | 0 | 0 |
| Disposition | Less than 60 minutes processed | 60 to 120 minutes processed | More than 120 minutes processed | |||
|---|---|---|---|---|---|---|
| Number of requests | Minutes processed | Number of requests | Minutes processed | Number of requests | Minutes processed | |
| All disclosed | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclosed in part | 0 | 0 | 0 | 0 | 0 | 0 |
| All exempted | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 0 | 0 | 0 | 0 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 |
| Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 | 0 |
| Number of minutes processed | Number of minutes disclosed | Number of requests |
|---|---|---|
| 0 | 0 | 0 |
| Disposition | Less than 60 minutes processed | 60 to 120 minutes processed | More than 120 minutes processed | |||
|---|---|---|---|---|---|---|
| Number of requests | Minutes processed | Number of requests | Minutes processed | Number of requests | Minutes processed | |
| All disclosed | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclosed in part | 0 | 0 | 0 | 0 | 0 | 0 |
| All exempted | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 0 | 0 | 0 | 0 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 |
| Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 | 0 |
| Disposition | Consultation required | Legal advice sought | Other | Total |
|---|---|---|---|---|
| All disclosed | 61 | 0 | 16 | 77 |
| Disclosed in part | 757 | 9 | 113 | 879 |
| All exempted | 3 | 0 | 0 | 3 |
| All excluded | 3 | 2 | 1 | 6 |
| Request abandoned | 0 | 0 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 |
| Declined to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 |
| Total | 824 | 11 | 130 | 965 |
| Category | Requests closed within legislated timelines |
|---|---|
| Number of requests closed within legislated timelines | 760 |
| Percentage of requests closed within legislated timelines (%) | 45.3% |
| Total number of requests closed past the legislated timelines | Interference with operations / workload | External consultation | Internal consultation | Other |
|---|---|---|---|---|
| 919 | 395 | 132 | 10 | 382 |
| Number of days past legislated timelines | Number of requests past legislated timeline where no extension was taken | Number of requests past legislated timeline where an extension was taken | Total |
|---|---|---|---|
| 1 to 15 days | 39 | 68 | 107 |
| 16 to 30 days | 27 | 41 | 68 |
| 31 to 60 days | 33 | 64 | 97 |
| 61 to 120 days | 55 | 66 | 121 |
| 121 to 180 days | 31 | 35 | 66 |
| 181 to 365 days | 59 | 73 | 132 |
| More than 365 days | 159 | 169 | 328 |
| Total | 403 | 516 | 919 |
| Translation requests | Accepted | Refused | Total |
|---|---|---|---|
| English to French | 0 | 0 | 0 |
| French to English | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
| Disposition of requests where an extension was taken | 9(1)(a) Interference with operations / workload | 9(1)(b) Consultation: Section 69 | 9(1)(b) Consultation: Other | 9(1)(c) Third party notice |
|---|---|---|---|---|
| All disclosed | 7 | 1 | 9 | 71 |
| Disclosed in part | 142 | 13 | 55 | 789 |
| All exempted | 0 | 0 | 0 | 4 |
| All excluded | 0 | 0 | 0 | 0 |
| Request abandoned | 20 | 0 | 5 | 38 |
| No records exist | 0 | 0 | 0 | 0 |
| Decline to act with the approval of the Information Commissioner | 0 | 0 | 0 | 0 |
| Total | 169 | 14 | 69 | 902 |
| Length of extensions | 9(1)(a) Interference with operations / workload | 9(1)(b) Consultation: Section 69 | 9(1)(b) Consultation: Other | 9(1)(c) Third party notice |
|---|---|---|---|---|
| 30 days or less | 104 | 1 | 9 | 0 |
| 31 to 60 days | 33 | 2 | 19 | 858 |
| 61 to 120 days | 12 | 9 | 22 | 44 |
| 121 to 180 days | 10 | 1 | 10 | 0 |
| 181 to 365 days | 7 | 0 | 7 | 0 |
| 365 days or more | 3 | 1 | 2 | 0 |
| Total | 169 | 14 | 69 | 902 |
| Fee type | Fee collected | Fee waived | Fee refunded | |||
|---|---|---|---|---|---|---|
| Number of requests | Amount | Number of requests | Amount | Number of requests | Amount | |
| Application | 1,384 | $6,920.00 | 303 | $1,515.00 | 0 | $0.00 |
| Other fees | 0 | $0.00 | 0 | $0.00 | 0 | $0.00 |
| Total | 1,384 | $6,920.00 | 303 | $1,515.00 | 0 | $0.00 |
| Consultations | Other Government of Canada institutions | Number of pages to review | Other organizations | Number of pages to review |
|---|---|---|---|---|
| Received during the reporting period | 219 | 31,431 | 27 | 1,544 |
| Outstanding from the previous reporting period | 22 | 2,548 | 2 | 740 |
| Total | 241 | 33,979 | 29 | 2,284 |
| Closed during the reporting period | 207 | 32,518 | 28 | 2,278 |
| Carried over within negotiated timelines | 18 | 782 | 0 | 0 |
| Carried over beyond negotiated timelines | 16 | 679 | 1 | 6 |
| Recommendation | 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total |
|---|---|---|---|---|---|---|---|---|
| Disclose entirely | 53 | 42 | 25 | 12 | 1 | 1 | 1 | 135 |
| Disclose in part | 2 | 5 | 6 | 6 | 2 | 3 | 2 | 26 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 8 | 14 | 11 | 5 | 0 | 0 | 1 | 39 |
| Other | 1 | 2 | 1 | 1 | 0 | 2 | 0 | 7 |
| Total | 64 | 63 | 43 | 24 | 3 | 6 | 4 | 207 |
| Recommendation | 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total |
|---|---|---|---|---|---|---|---|---|
| Disclose entirely | 6 | 7 | 2 | 2 | 0 | 0 | 0 | 17 |
| Disclose in part | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 2 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 3 | 3 | 0 | 1 | 1 | 0 | 0 | 8 |
| Other | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| Total | 11 | 10 | 3 | 3 | 1 | 0 | 0 | 28 |
| Number of days | Fewer than 100 pages processed | 100 to 500 pages processed | 501 to 1,000 pages processed | 1,001 to 5,000 pages processed | More than 5,000 pages processed | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | |
| 1 to 15 | 8 | 117 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 | 7 | 85 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 6 | 163 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 61 to 120 | 3 | 78 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 121 to 180 | 1 | 33 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 181 to 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 25 | 476 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Number of days | Fewer than 100 pages processed | 100 to 500 pages processed | 501 to 1,000 pages processed | 1,001 to 5,000 pages processed | More than 5,000 pages processed | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | |
| 1 to 15 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 61 to 120 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 121 to 180 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 181 to 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Section 32 Notice of intention to investigate | Subsection 30(5) Ceased to investigate | Section 35 Formal representations |
|---|---|---|
| 60 | 42 | 50 |
| Section 37(1) Initial reports: received | Section 37(1) Initial reports: containing recommendations issues by the Information Commissioner | Section 37(1) Initial reports: containing orders issued by the Information Commissioner | Section 37(2) Final reports: received | Section 37(2) Final reports: containing recommendations issued by the Information Commissioner | Section 37(2) Final reports: containing orders issued by the Information Commissioner |
|---|---|---|---|---|---|
| 4 | 1 | 3 | 12 | 2 | 1 |
| Section 41: Complainant (1) | Section 41: Institution (2) | Section 41: Third party (3) | Section 41: Privacy Commissioner (4) | Total |
|---|---|---|---|---|
| 0 | 0 | 0 | 0 | 0 |
| Section 44 - under paragraph 28(1)(b) |
|---|
| 1 |
| Resources | Person years dedicated to Access to Information activities |
|---|---|
| Full-time employees | 63.647 |
| Part-time and casual employees | 4.004 |
| Regional staff | 0.000 |
| Consultants and agency personnel | 9.610 |
| Students | 0.200 |
| Total | 77.461 |
Reporting period: 2022-04-01 to 2023-03-31. Data extracted on May 29, 2023.
| Source | Number of requests |
|---|---|
| Online | 197 |
| 1 | |
| 9 | |
| In person | 0 |
| Phone | 0 |
| Fax | 1 |
| Total | 208 |
| Source | Number of requests |
|---|---|
| Online | 0 |
| 0 | |
| 0 | |
| In person | 0 |
| Phone | 0 |
| Fax | 0 |
| Total | 0 |
| Completion time | |||||||
|---|---|---|---|---|---|---|---|
| 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total |
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Less than 100 pages released | 100 to 500 pages released | 501 to 1,000 pages released | 1,001 to 5,000 pages released | More than 5,000 pages released | |||||
|---|---|---|---|---|---|---|---|---|---|
| Number of requests | Pages released | Number of requests | Pages released | Number of requests | Pages released | Number of requests | Pages released | Number of requests | Pages released |
| 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Disposition of requests | 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total |
|---|---|---|---|---|---|---|---|---|
| All disclosed | 4 | 6 | 1 | 1 | 0 | 0 | 0 | 12 |
| Disclosed in part | 7 | 18 | 16 | 14 | 5 | 4 | 1 | 65 |
| All exempted | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| No records exist | 22 | 4 | 2 | 0 | 1 | 0 | 0 | 29 |
| Request abandoned | 89 | 13 | 3 | 7 | 0 | 0 | 3 | 115 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 122 | 41 | 22 | 22 | 6 | 4 | 4 | 221 |
| Section | Number of requests |
|---|---|
| 18(2) | 0 |
| 19(1)(a) | 0 |
| 19(1)(b) | 0 |
| 19(1)(c) | 0 |
| 19(1)(d) | 0 |
| 19(1)(e) | 0 |
| 19(1)(f) | 0 |
| 20 | 0 |
| 21 | 0 |
| 22(1)(a)(i) | 0 |
| 22(1)(a)(ii) | 0 |
| 22(1)(a)(iii) | 0 |
| 22(1)(b) | 2 |
| 22(1)(c) | 0 |
| 22(2) | 0 |
| 22.1 | 0 |
| 22.2 | 0 |
| 22.3 | 0 |
| 22.4 | 0 |
| 23(a) | 0 |
| 23(b) | 0 |
| 24(a) | 0 |
| 24(b) | 0 |
| 25 | 0 |
| 26 | 67 |
| 27 | 7 |
| 27.1 | 0 |
| 28 | 0 |
| Section | Number of requests |
|---|---|
| 69(1)(a) | 0 |
| 69(1)(b) | 0 |
| 69.1 | 0 |
| 70(1) | 0 |
| 70(1)(a) | 0 |
| 70(1)(b) | 0 |
| 70(1)(c) | 0 |
| 70(1)(d) | 0 |
| 70(1)(e) | 0 |
| 70(1)(f) | 0 |
| 70.1 | 0 |
| Paper | Electronic: e-record | Electronic: data set | Electronic: video | Electronic: audio | Other |
|---|---|---|---|---|---|
| 14 | 63 | 0 | 0 | 0 | 0 |
| Number of pages processed | Number of pages disclosed | Number of requests |
|---|---|---|
| 16,173 | 13,854 | 192 |
| Disposition | Less than 100 pages processed | 100 to 500 pages processed | 501 to 1,000 pages processed | 1,001 to 5,000 pages processed | More than 5,000 pages processed | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of requests | Pages processed | Number of requests | Pages processed | Number of requests | Pages processed | Number of requests | Pages processed | Number of requests | Pages processed | |
| All disclosed | 12 | 146 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclosed in part | 37 | 1,361 | 23 | 5,382 | 2 | 1,174 | 3 | 6,410 | 0 | 0 |
| All exempted | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 113 | 0 | 1 | 400 | 0 | 0 | 1 | 1,300 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 162 | 1,507 | 24 | 5,782 | 2 | 1,174 | 4 | 7,710 | 0 | 0 |
| Number of minutes processed | Number of minutes disclosed | Number of requests |
|---|---|---|
| 0 | 0 | 0 |
| Disposition | Less than 60 minutes processed | 60 to 120 minutes processed | More than 120 minutes processed | |||
|---|---|---|---|---|---|---|
| Number of requests | Minutes processed | Number of requests | Minutes processed | Number of requests | Minutes processed | |
| All disclosed | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclosed in part | 0 | 0 | 0 | 0 | 0 | 0 |
| All exempted | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 0 | 0 | 0 | 0 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 | 0 |
| Number of minutes processed | Number of minutes disclosed | Number of requests |
|---|---|---|
| 0 | 0 | 0 |
| Disposition | Less than 60 minutes processed | 60 to 120 minutes processed | More than 120 minutes processed | |||
|---|---|---|---|---|---|---|
| Number of requests | Minutes processed | Number of requests | Minutes processed | Number of requests | Minutes processed | |
| All disclosed | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclosed in part | 0 | 0 | 0 | 0 | 0 | 0 |
| All exempted | 0 | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 0 | 0 | 0 | 0 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 | 0 |
| Disposition | Consultation required | Legal advice sought | Interwoven information | Other | Total |
|---|---|---|---|---|---|
| All disclosed | 0 | 0 | 0 | 4 | 4 |
| Disclosed in part | 10 | 0 | 0 | 8 | 18 |
| All exempted | 0 | 0 | 0 | 0 | 0 |
| All excluded | 0 | 0 | 0 | 0 | 0 |
| Request abandoned | 0 | 0 | 0 | 0 | 0 |
| Neither confirmed nor denied | 0 | 0 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 12 | 22 |
| Category | Requests closed within legislated timelines |
|---|---|
| Number of requests closed within legislated timelines | 172 |
| Percentage of requests closed within legislated timelines (%) | 77.8% |
| Total number of requests closed past the legislated timelines | Interference with operations / workload | External consultation | Internal consultation | Other |
|---|---|---|---|---|
| 49 | 31 | 0 | 4 | 14 |
| Number of days past deadline | Number of requests past legislated timeline where no extension was taken | Number of requests past legislated timeline where an extension was taken | Total |
|---|---|---|---|
| 1 to 15 days | 8 | 3 | 11 |
| 16 to 30 days | 5 | 3 | 8 |
| 31 to 60 days | 9 | 3 | 12 |
| 61 to 120 days | 6 | 3 | 9 |
| 121 to 180 days | 1 | 2 | 3 |
| 181 to 365 days | 2 | 1 | 3 |
| More than 365 days | 3 | 0 | 3 |
| Total | 34 | 15 | 49 |
| Translation requests | Accepted | Refused | Total |
|---|---|---|---|
| English to French | 0 | 0 | 0 |
| French to English | 0 | 0 | 0 |
| Total | 0 | 0 | 0 |
| Paragraph 8(2)(e) | Paragraph 8(2)(m) | Subsection 8(5) | Total |
|---|---|---|---|
| 12 | 0 | 0 | 12 |
| Disposition for correction requests received | Number |
|---|---|
| Notations attached | 0 |
| Requests for correction accepted | 0 |
| Total | 0 |
| Reason for extension | Number of requests where an extension was taken |
|---|---|
| 15(a)(i) Interference with Operations: Further Review Required to Determine Exemptions | 0 |
| 15(a)(i) Interference with Operations: Large Volume of Pages | 0 |
| 15(a)(i) Interference with Operations: Large Volume of Requests | 21 |
| 15(a)(i) Interference with Operations: Documents are Difficult to Obtain | 0 |
| 15(a)(ii) Consultation: Cabinet Confidence (Section 70) | 0 |
| 15(a)(ii) Consultation: External | 0 |
| 15(a)(ii) Consultation: Internal | 4 |
| 15(b) Translation Purposes or Conversion | 0 |
| Total | 25 |
| Reason for extension | 1 to 15 days | 16 to 30 days | 31 days or greater | Total |
|---|---|---|---|---|
| 15(a)(i) Interference with operations: further review required to determine exemptions | 0 | 0 | n/a | 0 |
| 15(a)(i) Interference with operations: large volume of pages | 0 | 0 | n/a | 0 |
| 15(a)(i) Interference with operations: large volume of requests | 0 | 21 | n/a | 21 |
| 15(a)(i) Interference with operations: documents are difficult to obtain | 0 | 0 | n/a | 0 |
| 15(a)(ii) Consultation: Cabinet Confidence (Section 70) | 0 | 0 | n/a | 0 |
| 15(a)(ii) Consultation: External | 0 | 0 | n/a | 0 |
| 15(a)(ii) Consultation: Internal | 0 | 4 | n/a | 4 |
| 15(b) Translation purposes or conversion | 0 | 0 | 0 | 0 |
| Consultations | Other Government of Canada institutions | Number of pages to review | Other organizations | Number of pages to review |
|---|---|---|---|---|
| Received during reporting period | 2 | 28 | 0 | 0 |
| Outstanding from the previous reporting period | 0 | 0 | 0 | 0 |
| Total | 2 | 28 | 0 | 0 |
| Closed during the reporting period | 2 | 28 | 0 | 0 |
| Carried over within negotiated timelines | 0 | 0 | 0 | 0 |
| Carried over beyond negotiated timelines | 0 | 0 | 0 | 0 |
| Recommendation | 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total |
|---|---|---|---|---|---|---|---|---|
| Disclose entirely | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 2 |
| Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 2 |
| Recommendation | 1 to 15 days | 16 to 30 days | 31 to 60 days | 61 to 120 days | 121 to 180 days | 181 to 365 days | More than 365 days | Total |
|---|---|---|---|---|---|---|---|---|
| Disclose entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Disclose in part | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exempt entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Exclude entirely | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Consult other institution | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Other | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Number of days | Fewer than 100 pages processed | 100 to 500 pages processed | 501 to 1,000 pages processed | 1,001 to 5,000 pages processed | More than 5,000 pages processed | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | |
| 1 to 15 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 61 to 120 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 121 to 180 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 181 to 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Number of days | Fewer than 100 pages processed | 100 to 500 pages processed | 501 to 1,000 pages processed | 1,001 to 5,000 pages processed | More than 5,000 pages processed | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | Number of requests | Pages disclosed | |
| 1 to 15 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 16 to 30 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 31 to 60 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 61 to 120 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 121 to 180 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| 181 to 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| More than 365 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Section 31 | Section 33 | Section 35 | Court Action | Total |
|---|---|---|---|---|
| 18 | 5 | 4 | 0 | 27 |
| Number of PIA(s) completed | Number of PIA(s) modified |
|---|---|
| 2 | 0 |
| Personal Information Banks | Active | Created | Terminated | Modified |
|---|---|---|---|---|
| Institution-specific | 48 | 1 | 0 | 25 |
| Central | 2 | 0 | 0 | 0 |
| Total | 50 | 1 | 0 | 25 |
| Number of material privacy breaches reported to TBS | Number of material privacy breaches reported to OPC |
|---|---|
| 0 | 0 |
| Number of non-material privacy breaches |
|---|
| 74 |
| Resources | Personal dedicated to privacy activities |
|---|---|
| Full-time employees | 15.779 |
| Part-time and casual employees | 3.014 |
| Regional staff | 0.000 |
| Consultants and agency personnel | 1.948 |
| Students | 0.280 |
| Total | 21.021 |
In addition to completing the forms for the Statistical Reports on the ATIA and Privacy Act for 2022-2023, institutions were asked to complete this Supplemental Report to help identify the institutional capacity during COVID-19. The data requirements are set out in the tables below.
1.1 The following table reports the number of weeks Health Canada was able to receive ATIP requests through different channels.
| Time period | Number of weeks |
|---|---|
| Able to receive requests by mail | 52 |
| Able to receive requests by email | 52 |
| Able to receive requests through the digital request service | 52 |
2.1 The following table reports the number of weeks Health Canada was able to process paper records in different classification levels.
| Type of paper record | No capacity | Partial capacity | Full capacity | Total |
|---|---|---|---|---|
| Unclassified Paper Records | 0 | 0 | 52 | 52 |
| Protected B Paper Records | 0 | 0 | 52 | 52 |
| Secret and Top Secret Paper Records | 0 | 0 | 52 | 52 |
2.2 The following table reports the total number weeks Health Canada was able to process electronic records in different classification levels.
| Type of electronic record | No capacity | Partial capacity | Full capacity | Total |
|---|---|---|---|---|
| Unclassified electronic record | 0 | 0 | 52 | 52 |
| Protected B electronic record | 0 | 0 | 52 | 52 |
| Secret and Top Secret electronic record | 0 | 0 | 52 | 52 |
3.1 The following table reports the number of open requests that are outstanding from previous reporting periods.
| Fiscal year open requests were received | Open requests that are within legislated timelines as of March 31, 2023 | Open requests that are beyond legislated timelines as of March 31, 2023 | Total |
|---|---|---|---|
| Received in 2022-2023 | 329 | 406 | 735 |
| Received in 2021-2022 | 27 | 473 | 500 |
| Received in 2020-2021 | 6 | 381 | 387 |
| Received in 2019-2020 | 6 | 151 | 157 |
| Received in 2018-2019 | 1 | 74 | 75 |
| Received in 2017-2018 | 0 | 46 | 46 |
| Received in 2016-2017 | 0 | 13 | 13 |
| Received in 2015-2016 | 0 | 5 | 5 |
| Received in 2014-2015 | 0 | 0 | 0 |
| Received in 2013-2014 or earlier | 0 | 3 | 3 |
| Total | 369 | 1,552 | 1,921 |
3.2 The following table reports the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.
| Fiscal year open complaints were received by institution | Number of open complaints |
|---|---|
| Received in 2022-2023 | 41 |
| Received in 2021-2022 | 11 |
| Received in 2020-2021 | 5 |
| Received in 2019-2020 | 6 |
| Received in 2018-2019 | 2 |
| Received in 2017-2018 | 3 |
| Received in 2016-2017 | 0 |
| Received in 2015-2016 | 0 |
| Received in 2014-2015 | 0 |
| Received in 2013-2014 or earlier | 0 |
| Total | 68 |
4.1 The following table reports the number of open requests that are outstanding from previous reporting periods.
| Fiscal year open requests were received | Open requests that are within legislated timelines as of March 31, 2023 | Open requests that are beyond legislated timelines as of March 31, 2023 | Total |
|---|---|---|---|
| Received in 2022-2023 | 22 | 5 | 27 |
| Received in 2021-2022 | 0 | 5 | 5 |
| Received in 2020-2021 | 1 | 2 | 3 |
| Received in 2019-2020 | 0 | 7 | 7 |
| Received in 2018-2019 | 0 | 0 | 0 |
| Received in 2017-2018 | 0 | 0 | 0 |
| Received in 2016-2017 | 0 | 0 | 0 |
| Received in 2015-2016 | 0 | 1 | 1 |
| Received in 2014-2015 | 0 | 0 | 0 |
| Received in 2013-2014 or earlier | 0 | 0 | 0 |
| Total | 23 | 20 | 43 |
4.2 The following table reports the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.
| Fiscal year open complaints were received by institution | Number of open complaints |
|---|---|
| Received in 2022-2023 | 3 |
| Received in 2021-2022 | 2 |
| Received in 2020-2021 | 2 |
| Received in 2019-2020 | 0 |
| Received in 2018-2019 | 0 |
| Received in 2017-2018 | 0 |
| Received in 2016-2017 | 0 |
| Received in 2015-2016 | 0 |
| Received in 2014-2015 | 0 |
| Received in 2013-2014 or earlier | 0 |
| Total | 7 |
Health Canada did not receive authority for a new collection or new consistent use of the SIN.
Health Canada received one request confirmed from foreign nationals outside of Canada in 2022-2023.
In January 2020, Actial Farmaceutical filed for judicial review of a Health Canada decision issued to Ferring Inc. to partially release records related to the natural health products VSL#3®. This application raises the issues of whether Actial has standing to bring the application given the decision was issued to Ferring Inc. and whether the disputed information is exempt from disclosure.
The case was dismissed in June 2022, and the reasons for judgement remain confidential pending the court’s decision.
Actial filed an appeal in October 2022. The court case remains ongoing.
In August 2019, Apotex filed for judicial review of the decision to release records related to a drug product that had been withdrawn from assessment. The fact that it was withdrawn impacts the records that may already publicly exist.
A motion for an Order for production of documents under Rules 317 and 318 of the Federal Courts Rules, S.O.R./98-106 was scheduled to be heard on December 18, 2020, however the Court adjourned the motion and ordered this matter to be held in abeyance pending a decision being rendered in another case concerning a similar request.
On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada. The court case remains ongoing.
On January 25, 2022, the Applicant filed for judicial review in the Federal Court. The Applicant is challenging the decision of the Minister of Health dated January 6, 2022 to release records and documents with respect to certain drug products in response to an ATI request.
The Applicant opposes the disclosure of information it considers confidential and has also alleged that the Minister lacked procedural fairness in rendering the decision.
A motion for an Order for production of documents under Rules 317 and 318 of the Federal Courts Rules, S.O.R./98-106 was filed. This motion was held in abeyance pending a decision being rendered in another case. On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada. The court case remains ongoing.
On March 17, 2022 the Applicant filed for judicial review in the Federal Court. The Applicant was challenging the decision of the Minister of Health dated February 23, 2022 to release records and documents with respect to certain drug products in response to an ATI request.
The Applicant opposed the disclosure of information it considers confidential and has also alleged that the Minister lacked procedural fairness in rendering the decision and that the decision was devoid of reasons and that the delay was prejudicial.
A motion for an Order for production of documents under Rules 317 and 318 of the Federal Courts Rules, S.O.R./98-106 was filed. This motion was held in abeyance pending a decision being rendered in another case. On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada.
Following this decision, Apotex discontinued the application on December 22, 2022.
On December 9, 2021, the Applicant filed for judicial review challenging the decision of the Minister of Health dated November 19, 2021 to release records with respect to certain drug products in response to an ATI request. The Applicant opposes the disclosure of information alleging confidentiality and that the information is not responsive to the request and is therefore out of scope.
On December 29, 2021, the Applicant filed a second application for judicial review challenging the decision of the Minister of Health dated December 10, 2021 on similar records and for similar reasons.
On January 17, 2022, the Court ordered that the files be jointly case managed. A motion for an Order for production of documents under Rules 317 and 318 of the Federal Courts Rules, S.O.R./98-106 was filed. The motion was held in abeyance pending a similar decision in another case. On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada.
Following this decision, Apotex discontinued both applications on November 8, 2022.
On December 15, 2021, the Applicant filed for judicial review challenging the decision of the Minister of Health dated November 25, 2021 to release records in response to an ATI request. The Applicant opposes the disclosure of information it considers confidential and alleges the disclosure could harm its r competitive position.
A motion for an Order for production of documents under Rules 317 and 318 of the Federal Courts Rules, S.O.R./98-106 was filed. This motion was held in abeyance pending a decision being rendered in another case. On September 6, 2022 the Federal Court of Appeal issued its decision in Preventous (see below) and held that the applicants could not receive the documents from Health Canada. The court case remains ongoing.
Elanco sought review of a decision by the Minister of Health, to disclose information related to Fortekor Flavour Tabs, that Elanco considered to be confidential. On November 19, 2019 the Federal Court found the Minister of Health’s decision to disclose the records was invalid and costs were awarded against Canada. Canada appealed the decision, and the Federal Court of Appeal has set aside the original judgement, which it found was worded too broadly, contrary to section 25 of the Access to Information Act.
The matter has been remitted back to the Federal Court and remains ongoing.
Three complainants filed individual applications for judicial review on June 15, 2020, which the Federal Court consolidated. In all three requests, Health Canada refused to disclose the first three characters of postal codes (Forward Sortation Area) of producers and users of medical cannabis on the grounds that the Forward Sortation Area constitutes personal information because of the serious risk of re-identifying the individuals to whom the Forward Sortation Area relates. The Information Commissioner, representing the three complainants, takes the position that the Forward Sortation Areas should have been disclosed where individuals could not be identified. An independent expert, Dr. El-Emam, was retained by Health Canada to opine on the risk of re-identification and his report was served on March 24, 2021.
The Office of the Privacy Commissioner was granted intervener status. Canada’s position is that the additional characters of the postal codes in all three requests also cannot reasonably be severed further under section 25. The severance proposed by the Office of the Information Commissioner of Canada could give rise to a serious possibility of re-identification if the Forward Sortation Area is used in combination with other available information. Severing the remaining characters would not only risk re-identification of these individuals but would prove too onerous and beyond the requirements of section 25. Further, the public interest in obtaining this information does not outweigh any invasion of privacy that could result from the disclosure. The hearing took place on February 7, 2022 and the Court reserved its judgment.
On January 13, 2023 the Federal Court decided in favour of the Minister of Health. The case was dismissed, noting that Health Canada was justified in refusing to release more information because of a serious possibility of a breath of privacy.
A judicial review application was filed on March 30, 2023 by Jamp Pharma following a decision by the Minister of Health to release records related to Jamp’s drug product that it considers to be confidential.
In January 2019, three private medical clinics (the Applicants) filed individual applications for judicial review of the federal Minister of Health’s decision to release part of their audit reports to a requester under the Access to Information Act. Health Canada obtained the audit reports from Alberta Health, which did not request that the audit reports be kept confidential. The audit reports relate to the annual enrollment and membership fees charged by the Applicants.
Following an appeal, the Federal Court granted the Applicants’ request for documents held by Health Canada under Rule 317 of the Federal Court Rules. In April 2021, Canada appealed this decision and on September 6, 2022 the Federal Court of Appeal decided that the applicants could not receive the documents from Health Canada. Further procedural motions filed by the applicants to obtain the records have been denied by the courts. The court case remains ongoing.
