Decisions

The complainant alleged that Employment and Social Development Canada (ESDC) had improperly withheld information under the following provisions of the Access to Information Act:

1. paragraph 16(1)(c) (law enforcement, conduct of investigations);
2. subsection 16(2) (facilitating the commission of an offence);
3. subsection 19(1) (personal information);
4. paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information);
5. paragraph 20(1)(c) (financial impact on a third party);
6. paragraph 21(1)(a) (advice or recommendations);
7. paragraph 21(1)(b) (accounts of consultations or deliberations); and
8. section 23 (solicitor-client and litigation privilege).

This was in response to an access request for records related to CSL Group Inc., including policy health and safety committee reports and workplace health and safety committee reports, from 2012 to 2022. This allegation falls under paragraph 30(1)(a) of the Act.

The complainant also alleged that ESDC had not conducted a reasonable search for records in response to the same access request. This allegation falls under paragraph 30(1)(a) of the Act.

Apart from some personal information and recommendations that clearly meet the requirements for exemption, ESDC and the third party did not establish that any of the other information was exempt from disclosure.

ESDC did not provide adequate evidence that its search for records was reasonable.

The Information Commissioner ordered that ESDC disclose most of the information and carry out a new search for records. ESDC gave notice to the Commissioner that it would comply with the order. The complaint is well founded.