application of the Ministry or prescribed authority concerned, allow further time to the Ministry or
prescribed authority to deal with the request.
(4) Notwithstanding the period of limitation mentioned in this section, the Ombudsman may, in his
discretion, grant further time to the applicant if he is of the opinion that there has been no unreasonable
delay in making the application.
Burden of proof
38. In proceedings under this Part, the Ministry or prescribed authority to which or to whom the
request was made has the onus of establishing that a decision given in respect of the request was
justified or that the Ombudsman should give a decision adverse to the applicant.
Powers of Ombudsman to make orders
39. In proceedings under this Part, the Ombudsman shall make such order as he thinks necessary
having regard to the nature of the proceedings and, in particular, to the necessity of avoiding the
disclosure to the applicant of exempt matter.
Production of excempt documents
40.-(1) Where there are proceedings betore the ombudsman under this Act in relation to a
document that is claimed to be an exempt document, and the Omhudsman is not satisfied, by
evidence on affidavit or otherwise that the document is an exempt document, he may require the
document to be produced for inspection by him only and if, upon the inspection, he is satisfied that
the document is an exempt document, he shall return the document to the person by whom it was
produced without permitting any other person to have access to the document or disclosing the
contents of the document to any other person.
(2) The Ombudsman may require the production, for inspection by him only, of an exempt document for
the purposes of determining whether it is practicable for a Ministry or prescribed authority to grant access
to a copy of the document with such deletions as to make the copy not an exempt document and, where
an exempt document is produced by reason of such a requirement, he shall return the document to the
person hy whom it was produced without permitting any other person to have access to the document, or
disclosing the contents of the document to any other person.
(3) Notwithstanding subsections (1) and (2) but subject to subsection (4), the Ombudsman is not
empowered in any proceedings to require the production of a document in respect of which there is in
force a certificate under section 22 or 23.
(4) Where a certificate of a kind referred to in subsection (3) identifies a part or parts of the document
concerned in the manner provided in section 22 (3) or 23 (3), subsection (3) of this section does not
prevent the Ombudsman from requiring the production, in proceeding before him under this Act in
relation to the document,of a copy of so much of the document as is not included in the part or parts so
identified.
Evidence of certificates
41. In proceedings before the Ombudsman under this Part, evidence of a certificate under section
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières