Contents of response
14(1)In a response under subsection 11(1), the head of the public body shall inform the applicant
(a)
as to whether access to the record or part of the record is granted or refused,
(b)
if access to the record or part of the record is granted, of the manner in which access will be given, and
(c)
if access to the record or part of the record is refused,
(i)
in the case of a record that does not exist or cannot be located, that the record does not exist or cannot be located;
(ii)
in the case of a record that exists and can be located, of the reasons for the refusal and the specific provision of this Act on which the refusal is based;
(iii)
of the title and business telephone number of an officer or employee of the public body who can answer the applicant’s questions about the refusal; and
(iv)
that the applicant has the right to file a complaint with the Ombud about the refusal or to refer the matter to a judge of The Court of King’s Bench of New Brunswick for review.
14(2)Despite paragraph (1)(
c), the head of a public body may, in a response, refuse to confirm or deny the existence of
(a)
a record containing information for which disclosure may be refused under sections 28 and 29, and
(b)
a record containing personal information about a third party if disclosing the existence of the record would be an unreasonable invasion of the third party’s privacy.
2019, c.19, s.6; 2023, c.17, s.246