Employment and Social Development Canada (Re), 2026 OIC 2

Date: 2025-12-23
OIC file number: 5822-07869
Access request number: A-2022-00036

Summary

The complainant alleged that Employment and Social Development Canada (ESDC) did not conduct a reasonable search for records in response to an access request under the Access to Information Act. The request was for records related to complaints submitted to ESDC’s Labour Program. The allegation falls under paragraph 30(1)(a) of the Act.

As a result of the investigation, ESDC conducted additional searches and confirmed that further responsive records exist. ESDC advised that it intends to provide a supplemental release to the complainant.

The Information Commissioner ordered that ESDC process the additional records and provide a new response no later than 36 business days following the date of the final report. ESDC gave notice to the Commissioner that it would implement the orders. The complaint is well founded.

Complaint

The complainant alleged that Employment and Social Development Canada (ESDC) did not conduct a reasonable search for records in response to the same access request under the Act. The request was for various records related to complaints submitted to ESDC’s Labour Program. The allegation falls under paragraph 30(1)(a) of the Act.

Investigation

Reasonable Search

ESDC was required to conduct a reasonable search for records that fall within the scope of the access request – that is, one or more experienced employees, knowledgeable in the subject matter of the request, must have made reasonable efforts to identify and locate all records reasonably related to the request.

A reasonable search involves a level of effort that would be expected of any fair, sensible person tasked with searching for responsive records where they are likely to be stored.

This search does not need to be perfect. An institution is therefore not required to prove with absolute certainty that further records do not exist. Institutions must, however, be able to show that they took reasonable steps to identify and locate responsive records.

Did the institution conduct a reasonable search for records?

ESDC access to information officials explained that the program area and Subject Matter Expert likely to have responsive records were tasked during the search.

The investigation determined that the initial search was not reasonable due to the fact that two points of the access request had been forgotten in the initial search. The omission of key components of the request meant that the search did not fully address the scope of the request as submitted.

As a result, ESDC conducted an additional search and confirmed that further responsive records exist.

The investigation now demonstrated that the search was conducted in the appropriate repositories, that appropriate and relevant keywords were used and that the individuals conducting the search were knowledgeable in the subject matter.

ESDC advised that it intends to provide a supplemental release to the complainant.

In light of the above, I conclude that ESDC did not conduct a reasonable search for records in response to the access request at the time it first processed the request.

However, I am now convinced that with the second search of records, ESDC has now conducted a reasonable search for records.

Outcome

The complaint is well founded as ESDC did not conduct a reasonable search for records in response to the access request at the time it first processed the request.

Orders

I order the Minister of Employment and Social Development to do the following:

1. Complete the retrieval and processing the records identified as responsive to the request;
2. Provide a new response to the complainant no later than 36 business days following the date of the final report; and
3. Give access to responsive records, unless access to them, or to part of them, may be refused under a specific provision(s) of Part 1 of the Act. When this is the case, name the provision(s).

Initial report and notice from institution

On October 29, 2025, I issued my initial report to the Minister of Employment and Social Development setting out my orders.

On December 8, 2025, the Manager of the Access to Information and Privacy Operations gave me notice that ESDC would be implementing the orders.

Review by Federal Court

When an allegation in a complaint falls under paragraph 30(1)(a), (b), (c), (d), (d.1) or (e) of the Act, the complainant has the right to apply to the Federal Court for a review. When the Information Commissioner makes an order(s), the institution also has the right to apply for a review. Whoever applies for a review must do so within 35 business days after the date of this report and serve a copy of the application for review to the relevant parties, as per section 43. If no one applies for a review by this deadline, the order(s) takes effect on the 36th business day after the date of this report.