Marginal note:Order of Court if authorization to refuse disclosure found

50.1 The Court shall, if it determines that the head of a government institution is authorized to refuse to disclose a record or a part of a record on the basis of a provision of this Part not referred to in section 50 or that the head of the institution has reasonable grounds on which to refuse to disclose a record or a part of a record on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to the matter that is the subject of the proceedings, or shall make any other order that it considers appropriate.

Marginal note:Order of Court — other decisions or actions

50.2 If the subject matter of the proceedings before the Court is the decision or action of the head of a government institution, other than a decision or action referred to in any of sections 49 to 50.1, the Court shall,

• (a) if it determines that the head of the institution is not authorized to make that decision or to take that action, make an order declaring that the head of the institution is required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate; or

• (b) if it determines that the head of the institution is authorized to make that decision or to take that action, make an order declaring that the head of the institution is not required to comply with the provisions of the Information Commissioner’s order that relate to that matter, or make any other order that it considers appropriate.

Marginal note:Incompatible provisions

50.3 An order of the Court made under any of sections 49 to 50.2 has the effect of rescinding the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are incompatible with the Court’s order.

Marginal note:Court to specify rescinded provisions

50.4 The Court must specify in any order that it makes under any of sections 49 to 50.2 the provisions of the Information Commissioner’s order relating to any matter that is the subject of the proceedings that are rescinded under section 50.3.