5820-00509 — Employment and Social Development Canada
The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld information related to an Occupational Health and Safety Tribunal decision concerning the death of an employee. The exemptions claimed were for personal information (subsection 19(1)), confidential third-party financial, commercial, scientific or technical information (paragraph 20(1)(b)), and solicitor-client privilege (section 23). The Information Commissioner found that ESDC failed to justify withholding information under paragraph 20(1)(b) and did not properly exercise discretion for information withheld under subsection 19(1) and section 23. ESDC was ordered to disclose information withheld under paragraph 20(1)(b) and to reconsider the disclosure of information withheld under subsection 19(1) and section 23.
- Justification for withholding personal information under subsection 19(1) ATIA
- Confidentiality and commercial/technical nature of information under paragraph 20(1)(b) ATIA
- Applicability of solicitor-client privilege under section 23 ATIA
- Reasonable exercise of discretion by the institution before withholding information
Complaint well founded — disclosure ordered
The Commissioner found that while some information met the requirements for exemption under subsection 19(1) and section 23, the institution failed to demonstrate it reasonably exercised its discretion to disclose. Furthermore, the institution failed to demonstrate that the information withheld under paragraph 20(1)(b) met the requirements for exemption, specifically regarding its confidentiality and technical/commercial nature. The Commissioner ordered the institution to disclose information under paragraph 20(1)(b) and to properly exercise its discretion for information withheld under subsection 19(1) and section 23.
AI-generated summary for reference only. Always verify against the official decision ↗
The institution was ordered to disclose information withheld under paragraph 20(1)(b) and to exercise its discretion for information withheld under subsection 19(1) and section 23.
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
- s.36.1 ATIA
- s.19(2) ATIA
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