Acts and Regulations

R-10.6 - Right to Information and Protection of Privacy Act

Section 84
Disposition versions

Full text
Burden of proof
84(1)In any proceeding under this Act, the burden is on the head of the public body to prove that the applicant has no right of access to the record or part of the record.
84(2)Despite subsection (1), if the proceeding under this Act concerns a decision to disclose or to refuse to disclose, in whole or in part, a record containing personal information about a third party, the burden is on the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party’s privacy.
84(3)Despite subsection (1), if the proceeding under this Act concerns a decision to disclose, in whole or in part, a record containing information that is not personal information about a third party, the burden is on the third party to prove that the applicant has no right of access to the record or part of the record.
2017, c.31, s.62
Burden of proof
84(1)In any proceeding under this Act, the burden is on the head of the public body to prove that the applicant has no right of access to the record or part of the record.
84(2)Despite subsection (1), if the proceeding under this Act concerns a decision to disclose or to refuse to disclose, in whole or in part, a record containing personal information about a third party, the burden is on the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party’s privacy.
84(3)Despite subsection (1), if the proceeding under this Act concerns a decision to disclose or to refuse to disclose, in whole or in part, a record containing information that is not personal information about a third party, the burden is on the third party to prove that the applicant has no right of access to the record or part of the record.
Burden of proof
84(1)In any proceeding under this Act, the burden is on the head of the public body to prove that the applicant has no right of access to the record or part of the record.
84(2)Despite subsection (1), if the proceeding under this Act concerns a decision to disclose or to refuse to disclose, in whole or in part, a record containing personal information about a third party, the burden is on the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party’s privacy.
84(3)Despite subsection (1), if the proceeding under this Act concerns a decision to disclose or to refuse to disclose, in whole or in part, a record containing information that is not personal information about a third party, the burden is on the third party to prove that the applicant has no right of access to the record or part of the record.