5819-00296 — Employment and Social Development Canada
The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld information under subsections 19(1), 20(1)(b), and 24(1) of the Access to Information Act regarding records about Canadian universities' engagement in the Federal Contractors Program. The OIC removed the s.24(1) claim from the scope of the complaint as the only information withheld under it (business numbers) was no longer at issue. The Commissioner found that ESDC did not demonstrate that all information withheld under s.19(1) was personal information about identifiable individuals, nor did it appropriately exercise its discretion under s.19(2)(b). Furthermore, neither ESDC nor the third party (University of Waterloo) demonstrated that the requirements of s.20(1)(b) were met for a completed Employment Equity Achievement Awards Application Form. The complaint was found to be well founded, and the Commissioner ordered ESDC to disclose the information at issue. ESDC subsequently gave notice that it would fully implement the order.
- 1Whether information withheld under s.19(1) was personal information about identifiable individuals
- 2Whether ESDC properly severed non-personal information from personal information under s.19(1)
- 3Whether ESDC reasonably exercised its discretion under s.19(2)(b) regarding publicly available information
- 4Whether the Employment Equity Achievement Awards Application Form met the requirements of s.20(1)(b)
- 5Whether the information was financial, commercial, scientific or technical under s.20(1)(b)
- 6Whether the information was confidential under s.20(1)(b)
- 7Whether the third party consistently treated the information as confidential under s.20(1)(b)
- s.24(1) exemption: Claim removed from scope
- s.19(1) personal information: Exemption not justified
- s.19(2)(b) discretion: Discretion not appropriately exercised
- s.20(1)(b) third-party information: Exemption not justified
- Disclosure of records: Records ordered disclosed
- Complaint outcome: Complaint well founded
Complaint well founded — disclosure ordered
The institution failed to demonstrate that all information withheld under s.19(1) met the criteria for personal information or that it properly exercised its discretion under s.19(2)(b). Additionally, the institution and third party failed to demonstrate that the information withheld under s.20(1)(b) met the requirements of that exemption.
The Minister of Employment and Social Development was ordered to sever and disclose information on pages 72-73 and 176 that does not meet the requirements of subsection 19(1), disclose information withheld under subsection 19(1) on pages 1827-1828, disclose information withheld under paragraph 20(1)(b), and consider the extent to which redacted information is publicly available to reasonably exercise discretion under paragraph 19(2)(b).
- s.19(1) ATIA
- s.19(2)(b) ATIA
- s.20(1)(b) ATIA
- s.24(1) ATIA
- s.25 ATIA
- s.30(1)(a) ATIA
- s.36.1(1) ATIA
- s.37(4) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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