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Access to Information Act

Version of section 48 from 2019-06-21 to 2022-07-25:


Marginal note:Burden of proof — subsection 41(1) or (2)

  •  (1) In any proceedings before the Court arising from an application under subsection 41(1) or (2), the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Part or a part of such a record or to make the decision or take the action that is the subject of the proceedings is on the government institution concerned.

  • Marginal note:Burden of proof — subsection 41(3) or (4)

    (2) In any proceedings before the Court arising from an application under subsection 41(3) or (4), the burden of establishing that the head of a government institution is not authorized to disclose a record that is described in that subsection and requested under this Part or a part of such a record is on the person who made that application.

  • R.S., 1985, c. A-1, s. 48
  • 2019, c. 18, s. 24
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