BreachOfPrivacy
Decisions/Federal (Canada)/Access to Information Act/5820-01102 — Environment and Climate Change Canada
Office of the Information Commissioner of CanadaAccess to Information Act5820-01102Not well-founded
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5820-01102 — Environment and Climate Change Canada

Organization: Environment and Climate Change Canada
Decision: Dec 12, 2022Published: Dec 12, 2022

The complainant alleged that Environment and Climate Change Canada (ECCC) improperly excluded weather radar data, claiming it was available for purchase. ECCC demonstrated that both real-time and archived weather data are offered through a cost-recovery system. As the information was available for purchase, it was excluded from the application of the Access to Information Act.

  • Whether the exclusion of material available for purchase under paragraph 68(a) of the ATIA was properly applied.
  • Whether real-time data, which must be created after the request is made, falls under the scope of the ATIA.
  • Whether the cost-recovery system for accessing weather data renders the information 'available for purchase' under section 68(a).

Complaint not well founded

The Commissioner found that ECCC properly excluded the requested weather data under paragraph 68(a) of the Access to Information Act because it was available for purchase through a cost-recovery system. The Commissioner also noted that real-time data requested would not have been under the institution's control at the time of the request.

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Statutory provisions cited
  • s.68(a) ATIA
  • s.30(1)(a) ATIA
  • s.43 ATIA

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