ACCESS TO GOVERNMENT RECORDSRequests for Access Where access is refused
10. (1) Where the head of a government institution refuses to give access to a record requested under this Act or a part thereof, the head of the institution shall state in the notice given under paragraph 7(a)
(a) that the record does not exist, or
(b) the specific provision of this Act on which the refusal was based or, where the head of the institution does not indicate whether a record exists, the provision on which a refusal could reasonably be expected to be based if the record existed, and shall state in the notice that the person who made the request has a right to make a complaint to the Information Commissioner about the refusal.
Existence of a record not required to be disclosed
(2) The head of a government institution may but is not required to indicate under subsection (1) whether a record exists.
Deemed refusal to give access
(3) Where the head of a government institution fails to give access to a record requested under this Act or a part thereof within the time limits set out in this Act, the head of the institution shall, for the purposes of this Act, be deemed to have refused to give access. R.S. 1985, c. A-1, s.10.
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