Employment and Social Development Canada (Re), 2026 OIC 32
The complainant sought records related to the Canada Student Service Grant from Employment and Social Development Canada (ESDC), alleging improper withholding of information under several exemptions and an unreasonable search for records. The Commissioner found that ESDC improperly withheld information claimed under paragraphs 20(1)(b) and 20(1)(c), determining that the institution failed to demonstrate the information's confidentiality, its financial/commercial/scientific/technical nature, or a reasonable expectation of harm from disclosure. For information withheld under paragraphs 21(1)(a) and 21(1)(b), the Commissioner concluded that factual information and final decisions did not meet the exemption requirements and that ESDC failed to reasonably exercise its discretion for other information that did meet the requirements. Similarly, while the majority of information claimed under section 23 met the requirements for solicitor-client privilege, some portions did not, and privilege was waived for other parts by the Privy Council Office. However, the Commissioner found that ESDC conducted a reasonable search for records, despite the complainant's concerns about missing emails, handwritten notes, and cabinet confidences. Consequently, the complaint was found to be well founded regarding the improper application of exemptions and the failure to exercise discretion. The Commissioner ordered ESDC to disclose specific information and to re-exercise its discretion for other information withheld under sections 21 and 23. ESDC notified the Commissioner of its intent to comply with the order, though it also indicated a desire to apply additional exemptions not raised during the investigation, which the Commissioner rejected.
- 1Whether ESDC improperly withheld information under s.16(2) ATIA
- 2Whether ESDC improperly withheld information under s.19(1) ATIA
- 3Whether the information met the requirements of s.20(1)(b) ATIA (confidential financial, commercial, scientific or technical information)
- 4Whether the information met the requirements of s.20(1)(c) ATIA (material financial impact or harm to competitive position)
- 5Whether the information met the requirements of s.21(1)(a) ATIA (advice or recommendations)
- 6Whether the information met the requirements of s.21(1)(b) ATIA (accounts of consultations or deliberations)
- 7Whether the information met the requirements of s.23 ATIA (solicitor-client and litigation privilege)
- 8Whether ESDC reasonably exercised its discretion to disclose information under s.20(5) ATIA
- 9Whether ESDC reasonably exercised its discretion to disclose information under s.21 ATIA
- 10Whether ESDC reasonably exercised its discretion to disclose information under s.23 ATIA
- 11Whether ESDC conducted a reasonable search for records
- 12Whether PCO waived solicitor-client privilege over certain information
- s.20(1)(b) & (c) exemption: Exemption not upheld
- s.21(1)(a) & (b) exemption: Exemption not upheld; discretion re-exercised
- s.23 solicitor-client privilege: Exemption partially upheld; discretion re-exercised
- Adequacy of search: Search found reasonable
- Compliance with order: Institution to comply; new exemptions rejected
Complaint well founded — disclosure ordered and discretion re-exercised
Employment and Social Development Canada failed to justify several exemptions, particularly under sections 20 and 21, and did not reasonably exercise its discretion for information withheld under sections 21 and 23. While some information claimed under section 23 was found to be exempt, other parts were not or had privilege waived. However, the institution's search for records was deemed reasonable.
The Commissioner ordered Employment and Social Development Canada to disclose specific information withheld under third-party exemptions, factual information and final decisions withheld under section 21, and certain information withheld under section 23, and to re-exercise its discretion regarding information withheld under sections 21 and 23.
- s.16(2) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(c) ATIA
- s.20(5) ATIA
- s.21(1)(a) ATIA
- s.21(1)(b) ATIA
- s.21(2) ATIA
- s.23 ATIA
- s.25 ATIA
- s.30(1)(a) 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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