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Federal (Canada)Access to Information ActNot well-founded

5820-01102 — Environment and Climate Change Canada

Organization: Environment and Climate Change CanadaComplainant: Anonymous applicant
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Plain-language brief

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly excluded real-time and archived weather radar data under paragraph 68(a) of the Access to Information Act, claiming it was material available for purchase. ECCC stated that access to this weather data is provided as a cost-recovered service due to the costs involved in retrieval and preparation. The Commissioner found that the archived weather data was indeed available for purchase through a cost-recovery system, with various pricing tiers depending on the data package and region. Consequently, the Commissioner concluded that the Act does not apply to this information. The complaint was therefore deemed not well founded.

Key issues
  1. 1Whether real-time weather radar data falls within the scope of an access request
  2. 2Whether archived weather radar data is material available for purchase under paragraph 68(a) of the Access to Information Act
Outcome breakdownFavours: Institution
  • Application of Act: Act does not apply to archived weather data
  • Paragraph 68(a) exclusion: Exclusion upheld for archived weather data
  • Complaint outcome: Complaint not well founded
Outcome

Complaint not well founded

Reasoning

The Commissioner found that the archived weather data requested was genuinely available for purchase to the public through a cost-recovery system, thus falling under the exclusion of paragraph 68(a) of the Act. Real-time data was also noted as generally outside the scope of an access request as it would not have been created at the time of the request.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.30(1)(a) ATIA
  • s.68(a) ATIA

This summary is for informational purposes only and does not constitute legal advice.

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