Application of sections 47(3)(e) and 52(1) RTI Act

For this section to apply, the agency must be satisfied that the document either does not exist or is unlocatable. Establishing these will generally involve undertaking all reasonable steps, and/or undertaking all reasonable searches, to locate the document.

If the document is a prescribed document as defined in section 52(4), the agency may need to search its backup system.

Refer to Documents nonexistent or unlocatable for guidance on applying this section.

Last updated: November 25, 2021