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Federal (Canada)Access to Information ActWell-founded

5823-02130 — Employment and Social Development Canada

Organization: Employment and Social Development CanadaComplainant: Anonymous applicant
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Plain-language brief

The complainant alleged that Employment and Social Development Canada (ESDC) failed to respond to an access request within the statutory 30-day period and improperly requested additional clarifications. The request sought information on ESDC's work since 2014 in grants and contributions for workplace opportunities and equity, and selected funding concepts. The OIC found that the original request provided sufficient detail for an experienced employee to identify records with reasonable effort, and ESDC's repeated requests for clarification were not justified under section 6 of the Act. These interactions contributed to the delay. Since ESDC did not extend the response period, the deadline was July 3, 2023, which was missed, leading to a deemed refusal. The OIC concluded that the complaints were well founded and ordered ESDC to provide a complete response by August 30, 2024. ESDC agreed to implement the order.

Key issues
  1. 1Whether Employment and Social Development Canada responded to the access request within the legislated 30-day period
  2. 2Whether Employment and Social Development Canada improperly requested additional clarifications to process the access request
  3. 3Whether the access request provided sufficient detail for an experienced employee to identify records with a reasonable effort under section 6 ATIA
  4. 4Whether Employment and Social Development Canada was justified in putting the request on hold due to clarification requests
  5. 5Whether Employment and Social Development Canada met its obligation to respond within the time limits set out in section 7 ATIA
Outcome breakdownFavours: Applicant / complainant
  • Timeliness / deemed refusal: Deemed refusal upheld
  • Clarification request: Clarification requests unjustified
  • Sufficiency of request: Original request deemed sufficient
  • Response ordered: Complete response ordered by specific date
Outcome

Complaint well founded — disclosure ordered

Reasoning

ESDC failed to respond within the 30-day statutory period and improperly sought repeated clarifications for a request that was already sufficiently detailed, leading to a deemed refusal and prolonged delay.

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Decision notes
Recommended action / remedy

The Information Commissioner ordered Employment and Social Development Canada to provide a complete response to the access request no later than August 30, 2024.

Statutes considered
  • s.6 ATIA
  • s.7 ATIA
  • s.9 ATIA
  • s.10(3) ATIA
  • s.30(1)(a) ATIA
  • s.30(1)(f) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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