The complainant alleges that Health Canada did not respond to an access request for information regarding problems with implantable medical devices, within the time limits set out in the Access to Information Act.

Health Canada claimed a time extension based on paragraphs 9(1)(a) and 9(1)(c) and consulted nine (9) third parties, one of which opposed the release of its information and applied to the Federal Court for a review. During the investigation, the third party withdrew its application for judicial review. Health Canada failed to provide a response within the extended time limit and was deemed to have refused access to the requested records.

The Information Commissioner recommended that Health Canada provide a final response to the complainant by May 26, 2021.The Minister of Health agreed to implement the recommendation. 

The complaint is well founded.