The complainant alleged that Health Canada had improperly withheld information under paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) and 20(1)(c) (financial impact on a third party) of the Access to Information Act. This was in response to an access request for records regarding an Abbreviated New Drug Submission (ANDS) for the medicinal ingredient “tacrolimus”. The complaint falls within paragraph 30(1)(a) of the Act.

The scope of the complaint was limited to the dates on which specific correspondence was exchanged between a third party and Health Canada, which were withheld under paragraphs 20(1)(b) and 20(1)(c) concurrently.

Health Canada and the third party did not show that all of the requirements of paragraphs 20(1)(b) and 20(1)(c) were met.

The Information Commissioner ordered Health Canada to disclose the dates within the records. Health Canada gave notice that it would implement the order.

The complaint is well founded.