ARCHIVED - InfoSource Bulletin 2003 - Privacy Act and Access to Information Act

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Imperial Tobacco Canada Limited v. Minister of Health
Indexed as: Imperial Tobacco Canada Ltd. v. Canada
(Minister of Health)

File No.:	T-546-01
Reference:	Not reported
Date of decision:	October 8, 2002
Before:	Lafrenière Prothonotary
Section(s) of ATIA / PA:	Ss. 28, 29, 44 Access to Information Act (ATIA)

Abstract

No right under s. 44 to challenge Department's decision not to provide notice to other third parties

Issue

Does s. 44 allow a third party to challenge the Department's decision not to notify other third parties?

Facts

The applicant, Imperial Tobacco, moves for an order requiring the respondent Minister to provide notice, under ss. 27 and 28, to the third parties which, in the applicant's view, have an interest in the outcome of the respondent's decision to disclose certain sponsorship documents. The applicant submits that the efficient case management of the application requires that all interested parties be involved in the proceedings at the earliest possible moment, and that there was insufficient compliance by the respondent with subs. 27(1).

Decision

The motion was dismissed.

Reasons

The applicant has no standing to challenge the respondent's decision not to provide notice to other entities. The right of review under s. 44 ATIA is provided only to third parties that receive notice from a government institution pursuant to subss. 28(1) and 29(1). Section 44 does not confer the right to challenge the decision not to give notice to other entities.

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