5820-00509 — 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 section 23 of the Access to Information Act, related to an Occupational Health and Safety Tribunal decision concerning a Canadian National Railway (CN Rail) employee's death. The Commissioner found that ESDC and CN Rail did not demonstrate that all requirements for paragraph 20(1)(b) were met, particularly regarding confidentiality and whether the information was truly commercial or technical. While ESDC met the requirements for subsection 19(1) and section 23, the Commissioner determined that ESDC failed to reasonably exercise its discretion to decide whether to disclose the information, especially for publicly available personal information. Consequently, the Commissioner ordered ESDC to disclose the information withheld under paragraph 20(1)(b) and to re-exercise its discretion for information withheld under subsection 19(1) and section 23, considering all relevant factors for and against disclosure. ESDC agreed to implement the order.
- 1Whether s.19(1) personal information exemption was properly applied
- 2Whether the institution reasonably exercised its discretion under s.19(2) for personal information
- 3Whether the information is financial, commercial, scientific or technical under s.20(1)(b)
- 4Whether the information is confidential under s.20(1)(b)
- 5Whether the third party supplied the information to a government institution under s.20(1)(b)
- 6Whether the third party consistently treated the information as confidential under s.20(1)(b)
- 7Whether s.23 solicitor-client privilege exemption was properly applied
- 8Whether the institution reasonably exercised its discretion for s.23 solicitor-client privileged information
- s.20(1)(b) commercial info: Exemption not upheld
- s.19(1) personal info: Discretion to be re-exercised
- s.23 solicitor-client privilege: Discretion to be re-exercised
- Disclosure of records: Records ordered disclosed
- Implementation of order: Institution agreed to implement
Complaint well founded — disclosure ordered and discretion re-exercised
The institution and third party failed to demonstrate that all requirements for the s.20(1)(b) exemption were met. Although the requirements for s.19(1) and s.23 were met, the institution failed to demonstrate that it reasonably exercised its discretion to decide whether to disclose the information, particularly for publicly available personal information.
The Minister of Employment and Social Development is ordered to exercise its discretion regarding the release of publicly available information pursuant to paragraph 19(2)(b), disclose all information currently withheld under paragraph 20(1)(b), and exercise its discretion to decide whether to disclose the information withheld under section 23, taking into account all relevant factors for and against disclosure.
- s.19(1) ATIA
- s.19(2) ATIA
- s.20(1)(b) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
- s.35 ATIA
- s.36.1(1) ATIA
- s.36.3(1) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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