Canadian privacy & access decisions

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.

• Whether real-time weather radar data falls within the scope of an access request
• Whether archived weather radar data is material available for purchase under paragraph 68(a) of the Access to Information Act

The complainant filed a complaint with the Office of the Information Commissioner (OIC) regarding an access request. The institution had responded to the access request by email, but the complainant inadvertently deleted the email before reviewing its contents. The complainant argued that the 60-day time limit for filing a complaint under section 31 of the Access to Information Act (ATIA) should begin from the date they became aware of the grounds for complaint, which was when they recovered and reviewed the deleted email. The OIC determined that the complaint was inadmissible because it was submitted outside the mandatory 60-day timeframe. The Commissioner clarified that the 60-day period begins the day after the requester receives the institution's response, not when they become aware of the grounds for complaint due to their own actions. The OIC concluded that the ATIA does not grant the Commissioner the power to extend this statutory time limit.

• Whether the complaint was filed within the 60-day time limit prescribed by section 31 of the ATIA
• Interpretation of 'in any other case' in section 31 of the ATIA regarding the start of the complaint period
• Whether the Information Commissioner has the power to extend the 60-day time limit for filing a complaint