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1st Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 214

THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY AMENDMENT ACT


Explanatory Note Bilingual Version (PDF)

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. F175 amended

1           The Freedom of Information and Protection of Privacy Act is amended by this Act.

2           The following is added after subsection 8(3):

Request delivered to Ombudsman

8(4)        The applicant must provide the request to the Ombudsman who must deliver it to the public body.

Ombudsman to assist applicant

8(5)        The Ombudsman may assist an applicant in preparing a request.

3           The following is added after subsection 11(1):

Copy of response to Ombudsman

11(1.1)     The head of the public body must give the Ombudsman a copy of the response.

4           The following is added after section 16 and before the centred heading that follows it:

Ombudsman to initiate complaint on refusal

16.1(1)     The Ombudsman must initiate a complaint respecting

(a) a failure to respond to a request within the time specified in section 11 or 16, or, if the time limit for responding is extended under section 15, the extended period;

(b) a refusal of access to a record or to a part of a record; or

(c) a refusal to confirm or deny the existence of a record.

Ombudsman to investigate

16.1(2)     The Ombudsman must deal with the complaint in accordance with sections 62 to 66.

5           Subsection 66.1(1) is amended by replacing the part before clause (a) with the following:

Request for review

66.1(1)     The Ombudsman must ask the adjudicator to review a matter described in clause (2)(a), and may ask the adjudicator to review a matter described in clause (2)(b) or subsection (3), if he or she has given a report to the head of a public body under section 66 and

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill changes the process by which an access to information request is handled under The Freedom of Information and Protection of Privacy Act.

Currently, access to information requests are made to the public body believed to have the information and a complaint may be made to the Ombudsman regarding the response.

Under this Bill,

  • the request is delivered to the Ombudsman who delivers it to the public body;
  • the public body must provide a copy of its response to the Ombudsman and, in the event access is not provided, the Ombudsman must treat the matter as a complaint; and
  • if the Ombudsman recommends actions that the public body refuses to take, the Ombudsman must ask the Information and Privacy Adjudicator to review the matter.