The complainant alleged that Employment and Social Development Canada (ESDC) had improperly withheld information under subsection 19(1) (personal information), paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information) and section 23 (solicitor-client privilege) of the Access to Information Act (the Act) in response to an access request for information related to an Occupational Health and Safety Tribunal decision related to the death of a Canadian National Railway (CN Rail) employee. The complaint falls within paragraph 30(1)(a) of the Act.

The institution and third party did not demonstrate that all of the requirements of paragraph 20(1)(b) were met.

ESDC showed that it met all the requirements of subsection 19(1) and section 23. However, ESDC did not demonstrate that it reasonably exercised its discretion to decide whether to disclose the information.

The Information Commissioner ordered ESDC to disclose the information withheld under paragraph 20(1)(b) and exercise its discretion to decide whether to disclose the information withheld under subsection 19(1) and section 23, taking into account all relevant factors for and against disclosure.

ESDC gave notice to the Commissioner that it would implement the order.

The complaint is well founded.