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Notice to affected persons28.--(1) Before a head grants a request for access to a record, (a) that the head has reason to believe might contain information referred to in subsection 17 (1) that affects the interest of a person other than the person requesting information; or (b) that is personal information that the head has reason to believe might constitute an unjustified invasion of personal privacy for the purposes of clause 21 (1)(f), the head shall give written notice in accordance with subsection (2) to the person to whom the information relates. Contents of notice (2) The notice shall contain, (a) a statement that the head intends to release a record or part thereof that may affect the interests of the person; (b) a description of the contents of the record or part thereof that relate to the person; and (c) a statement that the person may, within twenty days after the notice is given, make representations to the head as to why the record or part thereof should not be disclosed. R.S.O. 1990, c. F.31, s. 28(1-2). Description (2.1) If the request covers more than one record, the description mentioned in clause (2) (b) may consist of a summary of the categories of the records requested if it provides sufficient detail to identify them. Provision Am./rep./en. In force Authority 28(2.1) 1996 c1 Sch.K s5 1996 Jan 30 R.A. ***** Time for notice (3) The notice referred to in subsection (1) shall be given within thirty days after the request for access is received or, where there has been an extension of a time limit under subsection 27 (1), within that extended time limit. Notice of delay (4) Where a head gives notice to a person under subsection (1), the head shall also give the person who made the request written notice of delay, setting out, (a) that the record or part thereof may affect the interests of another party; (b) that the other party is being given an opportunity to make representations concerning disclosure; and (c) that the head will within thirty days decide whether or not to disclose the record. Representation re disclosure (5) Where a notice is given under subsection (1), the person to whom the information relates may, within twenty days after the notice is given, make representations to the head as to why the record or the part thereof should not be disclosed. Representation in writing (6) Representations under subsection (5) shall be made in writing unless the head permits them to be made orally. Decision re disclosure (7) The head shall, within thirty days after the notice under subsection (1) is given, but not before the earlier of, (a) the day the response to the notice from the person to whom the information relates is received; or (b) twenty-one days after the notice is given, decide whether or not to disclose the record or the part thereof and give written notice of the decision to the person to whom the information relates and the person who made the request. Notice of head's decision to disclose (8) Where a head decides to disclose a record or part thereof under subsection (7), the head shall state in the notice that, (a) the person to whom the information relates may appeal the decision to the Commissioner within thirty days after the notice is given; and (b) the person who made the request will be given access to the record or to a part thereof, unless an appeal of the decision is commenced within thirty days after the notice is given. Access to be given unless affected person appeals (9) Where, under subsection (7), the head decides to disclose the record or a part thereof, the head shall give the person who made the request access to the record or part thereof within thirty days after notice is given under subsection (7), unless the person to whom the information relates asks the Commissioner to review the decision. R.S.O. 1990, c. F.31, s. 28(3-9). R.S.O. 1990, c. F.31, s. 28; 1996, c. 1, Sched. K, s. 5. |
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