5823-01218 — Employment and Social Development Canada
The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld records concerning CSL Group Inc. and failed to conduct a reasonable search. The Information Commissioner found that ESDC did not provide sufficient justification for withholding most of the information under various exemptions, including those related to law enforcement, personal information, third-party commercial information, and advice/deliberations. Additionally, the Commissioner found that ESDC's search for records was not reasonable. As a result, the Commissioner ordered ESDC to disclose most of the information and conduct a new search.
- Improper withholding of information under various ATIA exemptions
- Reasonableness of ESDC's search for records
- ESDC's failure to provide sufficient justification for exemptions
- ESDC's unreasonable exercise of discretion for paragraph 21(1)(a)
Complaint well founded — disclosure ordered and new search required
The Commissioner found that ESDC failed to demonstrate that most of the withheld information met the requirements for exemption under the ATIA. Furthermore, ESDC did not provide adequate evidence of a reasonable search for records. The Commissioner also found that ESDC did not reasonably exercise its discretion in withholding certain information.
AI-generated summary for reference only. Always verify against the official decision ↗
Disclose most of the information, re-exercise discretion for certain advice/recommendations, and conduct a new search for records.
- s.16(1)(c) ATIA
- s.16(2) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.23 ATIA
- s.30(1)(a) ATIA
- s.36(1.1) ATIA
- s.37(1)(a) ATIA
This decision is for informational purposes only and does not constitute legal advice.