49 Application not for backup system documents

(1) An access application, however expressed, for a document does not require an agency or Minister to search for the document from a backup system.

(2) However, subsection (1) does not prevent an agency or Minister searching for a document from a backup system if the agency or Minister considers the search appropriate.

While a search for a document from a backup system is not generally required before refusing access on the ground that the document is nonexistent or unlocatable, a search is required in the particular circumstances mentioned in the Right to Information Act, section 52(2), as applied under this Act.