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Contents of notice of refusals29.--(1) Notice of refusal to give access to a record or a part thereof under section 26 shall set out, (a) where there is no such record, (i) that there is no such record, and (ii) that the person who made the request may appeal to the Commissioner the question of whether such a record exists; or (b) where there is such a record, (i) the specific provision of this Act under which access is refused, (ii) the reason the provision applies to the record, (iii) the name and position of the person responsible for making the decision, and (iv) that the person who made the request may appeal to the Commissioner for a review of the decision. Idem (2) Where a head refuses to confirm or deny the existence of a record as provided in subsection 14 (3) (law enforcement), section 14.1 (Remedies for Organized Crime and Other Unlawful Activities Act, 2001) or subsection 21 (5) (unjustified invasion of personal privacy), the head shall state in the notice given under section 26, (a) that the head refuses to confirm or deny the existence of the record; (b) the provision of this Act on which the refusal is based; (c) the name and office of the person responsible for making the decision; and (d) that the person who made the request may appeal to the Commissioner for a review of the decision. Idem (3) Where a head refuses to disclose a record or part thereof under subsection 28 (7), the head shall state in the notice given under subsection 28 (7), (a) the specific provision of this Act under which access is refused; (b) the reason the provision named in clause (a) applies to the record; (c) the name and office of the person responsible for making the decision to refuse access; and (d) that the person who made the request may appeal to the Commissioner for a review of the decision. R.S.O. 1990, c. F.31, s. 29(1-3). Description (3.1) If a request for access covers more than one record, the statement in a notice under this section of a reason mentioned in subclause (1) (b) (ii) or clause (3) (b) may refer to a summary of the categories of the records requested if it provides sufficient detail to identify them. Provision Am./rep./en. In force Authority 29(3.1) 1996 C. Sch. K s6 1996 Jan 30 R.A. ***** Deemed refusal (4) A head who fails to give the notice required under section 26 or subsection 28 (7) concerning a record shall be deemed to have given notice of refusal to give access to the record on the last day of the period during which notice should have been given. R.S.O. 1990, c. F.31, s. 29(4). R.S.O. 1990, c. F.31, s. 29; 1996, c. 1, Sched. K, s. 6. |
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