FIPPA provides that before access is granted to a record that might contain information referred to in the third-party exemption, that party must be notified and given the opportunity to make representations before a final access decision is made. If a third-party claims in its representations that the record is exempt, the burden of establishing that the record falls within the exemption rests with that third party. Similarly, where an institution asserts that this provision applies, the burden of proof is on the institution. It should be noted that the final decision on whether the record should be disclosed rests with the institution, not the third party.