(1) Except where
subsection (2) or (3) applies, in any proceedings concerning a decision made
under this Act by an agency, the onus is on the agency to establish that its
decision was justified or that a decision adverse to another party should be
(2) If a third party
initiates or brings proceedings opposing the giving of access to a document,
the onus is on the third party to establish that access should not be given or
that a decision adverse to the access applicant should be made.
(3) If, under a
provision of Schedule 1, matter is not exempt matter if its disclosure would,
on balance, be in the public interest, the onus is on the access applicant to
establish that disclosure would, on balance, be in the public interest.