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Federal (Canada)Access to Information ActWell-founded

5823-01218 — Employment and Social Development Canada

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

The complainant requested records related to CSL Group Inc., specifically policy and workplace health and safety committee reports from 2012 to 2022. Employment and Social Development Canada (ESDC) withheld information under several provisions of the Access to Information Act and was also alleged to have conducted an unreasonable search for records. The Commissioner found that ESDC failed to justify most of its exemption claims, including those under s.16(1)(c), s.16(2), s.20(1)(b), s.20(1)(c), s.21(1)(b), and s.23. While some personal information and specific recommendations were properly withheld under s.19(1) and s.21(1)(a) respectively, ESDC's exercise of discretion for other s.21(1)(a) information was deemed unreasonable. Furthermore, ESDC failed to demonstrate that it conducted a reasonable search for responsive records. Consequently, the complaint was found to be well-founded. The Commissioner ordered ESDC to disclose most of the withheld information, re-exercise discretion for certain records, and conduct a new, reasonable search for responsive records. ESDC notified the Commissioner of its intent to comply with the order.

Key issues
  1. 1Whether ESDC improperly withheld information under s.16(1)(c) ATIA (law enforcement, conduct of investigations)
  2. 2Whether ESDC improperly withheld information under s.16(2) ATIA (facilitating the commission of an offence)
  3. 3Whether ESDC improperly withheld information under s.19(1) ATIA (personal information)
  4. 4Whether the corporate address on page 136 constitutes personal information under s.19(1) ATIA
  5. 5Whether non-personal information on business cards on page 138 constitutes personal information under s.19(1) ATIA
  6. 6Whether ESDC reasonably exercised its discretion under s.19(2) ATIA regarding personal information
  7. 7Whether ESDC improperly withheld information under s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information)
  8. 8Whether the information is financial, commercial, scientific or technical under s.20(1)(b) ATIA
  9. 9Whether ESDC improperly withheld information under s.20(1)(c) ATIA (financial impact on a third party)
  10. 10Whether disclosure could reasonably be expected to have a material financial impact or injure competitive position under s.20(1)(c) ATIA
  11. 11Whether ESDC improperly withheld information under s.21(1)(a) ATIA (advice or recommendations)
  12. 12Whether the information constitutes advice or recommendations under s.21(1)(a) ATIA
  13. 13Whether ESDC reasonably exercised its discretion under s.21(1)(a) ATIA regarding advice or recommendations
  14. 14Whether ESDC improperly withheld information under s.21(1)(b) ATIA (accounts of consultations or deliberations)
  15. 15Whether the information constitutes accounts of consultations or deliberations under s.21(1)(b) ATIA
  16. 16Whether ESDC improperly withheld information under s.23 ATIA (solicitor-client and litigation privilege)
  17. 17Whether the information is subject to solicitor-client privilege under s.23 ATIA
  18. 18Whether the information is subject to litigation privilege under s.23 ATIA
  19. 19Whether ESDC conducted a reasonable search for records
Outcome breakdownFavours: Both, in part
  • Exemptions s.16(1)(c), s.16(2), s.20(1)(b), s.20(1)(c), s.21(1)(b), s.23: Exemptions not justified
  • Exemption s.19(1): Exemption upheld for some personal information
  • Exemption s.21(1)(a): Exemption upheld for specific recommendations
  • Discretion s.21(1)(a): Discretion exercised unreasonably for other information
  • Adequacy of search: Search found unreasonable; new search ordered
  • Disclosure of records: Most withheld information ordered disclosed
  • Compliance with order: Institution intends to comply
Outcome

Complaint well founded — disclosure ordered and new search required

Reasoning

ESDC failed to provide adequate evidence to justify most of the exemptions claimed and did not demonstrate that it conducted a reasonable search for records.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The Commissioner ordered ESDC to disclose information withheld under s.16(1)(c), s.16(2), s.20(1)(b), s.20(1)(c), s.21(1)(b), and s.23, as well as the corporate address and non-personal business card information withheld under s.19(1). ESDC was also ordered to disclose information withheld under s.21(1)(a) (apart from specific recommendations), re-exercise its discretion for the remaining s.21(1)(a) information, and conduct a new, reasonable search for records.

Statutes considered
  • 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.35(2)(c) ATIA
  • s.36(1.1) ATIA
  • s.36.3 ATIA
  • s.37(2) ATIA
  • s.43 ATIA

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

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