5822-07869 — Employment and Social Development Canada
The complainant alleged that Employment and Social Development Canada (ESDC) failed to conduct a reasonable search for records in response to an access request concerning complaints submitted to ESDC's Labour Program. The OIC's investigation found that ESDC's initial search was not reasonable because it overlooked two key components of the access request. Consequently, ESDC conducted an additional search, which identified further responsive records. The OIC concluded that while the initial search was inadequate, the subsequent search was reasonable. The complaint was found to be well-founded, and the OIC ordered ESDC to process the newly identified records and issue a new response to the complainant within 36 business days. ESDC agreed to implement these orders.
- 1Whether Employment and Social Development Canada conducted a reasonable search for records related to complaints submitted to its Labour Program
- Adequacy of initial search: Initial search found unreasonable
- Adequacy of subsequent search: Subsequent search found reasonable
- Complaint finding: Complaint well-founded
- Processing of new records: ESDC ordered to process new records
- New response: ESDC ordered to issue new response
Complaint well founded — disclosure ordered
The initial search conducted by Employment and Social Development Canada was not reasonable as it failed to address all components of the access request. However, a subsequent search conducted during the investigation was deemed reasonable, identifying additional responsive records.
The Minister of Employment and Social Development is ordered to complete the retrieval and processing of the identified responsive records, provide a new response to the complainant no later than 36 business days following the date of the final report, and give access to responsive records unless an exemption applies.
- s.30(1)(a) ATIA
This summary is for informational purposes only and does not constitute legal advice.
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