Employment and Social Development Canada (Re), 2023 OIC 35
The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld information from rail industry workplace fatality investigation reports under several Access to Information Act exemptions. The Information Commissioner found the complaint to be well-founded. The Commissioner ordered ESDC to disclose information that did not meet the exemption criteria and to re-exercise its discretion where it had not been adequately demonstrated. ESDC indicated it would implement the order.
- Application of exemption 16(1)(c) to investigation reports
- Definition and application of personal information exemption 19(1) to deceased individuals
- Justification for withholding third-party commercial/technical information under 20(1)(b)
- Assessment of financial impact and competitive harm to third parties under 20(1)(c)
Complaint well founded — disclosure ordered
The Commissioner found that ESDC failed to demonstrate that the withheld information met the criteria for exemptions under paragraphs 16(1)(c), 19(1), 20(1)(b), and 20(1)(c) of the Act. Furthermore, ESDC did not show that it had reasonably exercised its discretion in withholding information under subsection 19(1) and paragraph 20(1)(c).
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner ordered ESDC to disclose information that did not meet the exemption criteria and to re-exercise its discretion where it had not been adequately demonstrated.
- s.16(1)(c) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.21(1)(b) ATIA
- s.25 ATIA
- s.30(1)(a) ATIA
- s.36.1 ATIA
- s.37(1)(a) ATIA
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