Decisions

The complainant alleged that Indigenous Services Canada (ISC) did not conduct a reasonable search in response to an access request under the Access to Information Act for records related to the Non-Insured Health Benefits Mental Health Counselling benefit, including the “detailed review” of how services are delivered and associated expenditure decisions; proposals to fund community mental wellness projects outside of Benefits Program authorities, and the "risk-based review to improve financial controls and management practices across all regions".

During the investigation, ISC indicated that the “detailed review” was conducted verbally. However, given that the term “detailed review” came from a Briefing Note prepared by ISC, it was reasonable to conclude that the term “detailed review” was significant, and that some responsive documentation would exist. The OIC also questioned why no records were found relating to parts 2 and 3 of the request.

ISC advised the OIC that the subject matter experts and records holders originally tasked with the search, “searched their records with a broader lens in terms of scope and timeframe”. ISC confirmed that these additional efforts generated at least 170 pages of documents that were not found initially and that those records are now being triaged and reviewed.

The Information Commissioner ordered that ISC complete the retrieval of the records identified by ISC as responsive to the request and provide a new response to the complainant no later than the 36^th business day after the effective date of the order. ISC gave notice that it would implement the order.

The complaint is well founded.

The complainant alleged that Health Canada had improperly withheld information under subsection 19(1) (personal information), paragraphs 20(1)(b) (confidential third-party financial, commercial, scientific or technical information), 20(1)(c) (financial impact on a third party) and 21(1)(a) (advice or recommendations) and section 23 (solicitor-client privilege) of the Access to Information Act in response to an access request for records related to Dukoral, excluding product monographs. The complaint falls within paragraph 30(1)(a) of the Act.

During the investigation, the complainant decided it was no longer necessary for the Office of the Information Commissioner (OIC) to investigate the application of subsection 19(1) to withhold information, or any information about the production process or composition of Dukoral.

The institution and the third party did not demonstrate that all of the information withheld under paragraphs 20(1)(b) or 20(1)(c) met the requirements of these exemptions.

Certain information also did not meet the requirements of paragraph 21(1)(a), including factual information contained in emails.

The institution showed that the information withheld under section 23 met all the requirements of this exemption.

The Information Commissioner ordered that Health Canada disclose specific information withheld under paragraphs 21(1)(a), 20(1)(b) and 20(1)(c).

Health Canada gave notice that it would be implementing the order.

The complaint is well founded.