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

• subsection 16(2) (facilitating the commission of an offence);
• subsection 19(1) (personal information);
• paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information);
• paragraph 20(1)(c) (financial impact on a third party);
• paragraph 21(1)(a) (advice or recommendations);
• paragraph 21(1)(b) (accounts of consultations or deliberations); and
• section 23 (solicitor-client and litigation privilege)

This was in response to an access request for records related to the Canada Student Service Grant. This allegation falls under paragraph 30(1)(a) of the Act.

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

ESDC did not establish that the requirements of certain exemptions were met or that it had reasonably exercised its discretion where the requirements for discretionary exemptions were met. The Information Commissioner ordered that ESDC disclose certain information and re-exercise discretion. ESDC gave notice to the Commissioner that it would comply with the order but indicated it intends to apply additional exemptions not raised during the investigation. The complaint is well founded.