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The Freedom of Information and Protection of Privacy Act

C.C.S.M. c. F175

The Freedom of Information and Protection of Privacy Act

PART 1
INTRODUCTORY PROVISIONS
1 (1) Definitions
(2) Interpretation of "personal health information"
2 Purposes of this Act
3 Scope of this Act
4 Records to which this Act applies
5 (1) Repealed
(2) Conflict with another Act
(3) Sunset provision
PART 2
ACCESS TO INFORMATION
DIVISION 1
APPLICATION OF THIS PART
6 (1) Part does not apply to individual's personal health information
(2) Part does not apply to publicly available information
DIVISION 2
OBTAINING ACCESS TO RECORDS
7 (1) Right of access
(2) Severing information
(3) Fee
8 (1) How to make a request
(2) Prescribed form
(3) Oral request
9 Duty to assist applicant
10 (1) Access to records in electronic form
(2) Creating a record in the form requested
11 (1) Time limit for responding
(2) Failure to respond
12 (1) Contents of response
(2) Refusal to confirm or deny existence of record
13 (1) Public body may disregard certain requests
(2) Notice
14 (1) How access will be given
(2) Explanation
15 (1) Extending the time limit for responding
(2) Notice of extension to applicant
16 (1) Transferring a request
(2) Response within 30 days after transfer
DIVISION 3
MANDATORY EXCEPTIONS TO DISCLOSURE
PRIVACY OF A THIRD PARTY
17 (1) Disclosure harmful to a third party's privacy
(2) Disclosures deemed to be an unreasonable invasion of privacy
(3) Determining unreasonable invasion of privacy
(4) When disclosure not unreasonable
(5) Disclosure with third party's consent
(6) Volume disclosure from a public registry
BUSINESS INTERESTS OF THIRD PARTIES
18 (1) Disclosure harmful to a third party's business interests
(2) Tax return information
(3) Exceptions
(4) Disclosure in the public interest
CABINET CONFIDENCES
19 (1) Cabinet confidences
(2) Exceptions
INFORMATION PROVIDED BY ANOTHER GOVERNMENT
20 (1) Information provided by another government to department or government agency
(2) Information provided by another government to a local public body
(3) Exceptions
DIVISION 4
DISCRETIONARY EXCEPTIONS TO DISCLOSURE
RELATIONS BETWEEN MANITOBA AND OTHER GOVERNMENTS
21 (1) Disclosure harmful to relations between Manitoba and other governments
(2) Consent required for disclosure by local public body
LOCAL PUBLIC BODY CONFIDENCES
22 (1) Local public body confidences
(2) Exceptions
ADVICE TO A PUBLIC BODY
23 (1) Advice to a public body
(2) Exceptions
(3) Interpretation of "background research"
INDIVIDUAL OR PUBLIC SAFETY
24 Disclosure harmful to individual or public safety
LAW ENFORCEMENT AND LEGAL PROCEEDINGS
25 (1) Disclosure harmful to law enforcement or legal proceedings
(2) No disclosure if offence
(3) Exceptions
SECURITY OF PROPERTY
26 Disclosure harmful to security of property
SOLICITOR-CLIENT PRIVILEGE
27 (1) Solicitor-client privilege
(2) Third party's solicitor-client privilege
ECONOMIC AND OTHER INTERESTS OF A PUBLIC BODY
28 (1) Disclosure harmful to economic and other interests of a public body
(2) Exception
TESTING PROCEDURES, TESTS AND AUDITS
29 Testing procedures, tests and audits
CONFIDENTIAL EVALUATIONS
30 (1) Confidential evaluations about the applicant
(2) Exception
PRESERVATION OF HERITAGE RESOURCES AND LIFE FORMS
31 (1) Disclosure harmful to preservation of heritage resources and life forms
(2) Information re designation of sites
INFORMATION THAT WILL BE AVAILABLE TO THE PUBLIC
32 (1) Information that will be available to the public
(2) Notification when information becomes available
DIVISION 5
THIRD PARTY INTERVENTION
33 (1) Notice to third party
(2) Waiver of notice requirement
(3) Content of notice
(4) Further details of notice
(5) Written representations
34 (1) Decision within 30 days
(2) Notice of decision
(3) Extended time limit
(4) Complaint about decision to give access
(5) Complaint about decision to refuse access
PART 3
PROTECTION OF PRIVACY
DIVISION 1
APPLICATION OF THIS PART
35 Part does not apply to personal health information
DIVISION 2
COLLECTION, CORRECTION AND RETENTION OF PERSONAL INFORMATION
COLLECTION OF INFORMATION
36 (1) Purpose of collection of information
(2) Limit on amount of information collected
37 (1) Manner of collection
(2) Individual must be informed
(3) When notice not required
ACCURACY OF INFORMATION
38 Accuracy of personal information
CORRECTION OF INFORMATION
39 (1) Right to request correction
(2) Written request
(3) Head's response
(4) Extended time limit
(5) Notice to others
(6) Correction required
RETENTION OF INFORMATION
40 (1) Retention of personal information
(2) Content of retention policy
41 Protection of personal information
DIVISION 3
RESTRICTIONS ON USE AND DISCLOSURE OF PERSONAL INFORMATION
GENERAL DUTIES OF PUBLIC BODIES
42 (1) General duty of public bodies
(2) Limit on amount of information used or disclosed
(3) Limit on employees
RESTRICTIONS ON USE OF INFORMATION
43 Use of personal information
RESTRICTIONS ON DISCLOSURE OF INFORMATION
44 (1) Disclosure of personal information
(1.1) Fundraising agreement
(2) Repealed
44.1 (1) Public body may provide information to an information manager
(2) Restrictions on use
(3) Agreement required
(4) Information manager shall comply with Act
(5) Information deemed to be maintained by the public body
45 Consistent purposes
46 Repealed
47 (1) Disclosure for research purposes
(2) and (3) Repealed
(4) Conditions of disclosure
48 Disclosure of records more than 100 years old
PART 4
POWERS AND DUTIES OF THE OMBUDSMAN
49 General powers and duties
50 (1) Evidence Act powers
(2) Production of records
(3) Records to be produced within 14 days
(4) Examination of record on site
51 Right of entry
52 Investigation in private
53 (1) Statements and reports not admissible in evidence
(2) Not compellable as witness
54 Privilege
55 (1) Ombudsman restricted as to disclosure of information
(2) When disclosure permitted
(3) Reasonable precautions to avoid disclosure
(4) Information about offences
(5) Information relating to a prosecution or appeal
56 Delegation
57 Protection from liability
58 (1) Annual report
(2) Report to be laid before Legislative Assembly
(3) Special report
PART 4.1
INFORMATION AND PRIVACY ADJUDICATOR
58.1 (1) Appointing adjudicator
(2) Role of adjudicator
58.2 (1) Removal or suspension
(2) Suspension if Assembly not sitting
(3) Acting adjudicator
58.3 (1) Deputy adjudicator
(2) Staff
58.4 Adjudicator to take precautions against disclosing
58.5 (1) Statements made to adjudicator not admissible in evidence
(2) Evidence of proceeding before adjudicator
58.6 Information provided under qualified privilege
58.7 Protection from liability
58.8 (1) Annual report
(2) Tabling report in Assembly
PART 5
COMPLAINTS
MAKING A COMPLAINT
59 (1) Right to make a complaint about access
(2) Complaint by a third party about access
(3) Complaint about privacy
(4) Complaint by relative of deceased
(5) Ombudsman may initiate a complaint
60 (1) How to make a complaint
(2) 60-day time limit
(3) 120-day time limit for failure to respond
61 Notifying others of a complaint
INVESTIGATION
62 (1) Investigation
(2) Informal resolution
63 (1) Decision to not deal with a complaint
(2) Notifying the complainant
64 (1) Representations to the Ombudsman
(2) Written or oral representations
(3) Representations by counsel
65 90-day time limit for investigation
OMBUDSMAN'S REPORT ABOUT A COMPLAINT
66 (1) Report
(2) Report sent to complainant and others
(3) Notice of right to appeal
(4) Head's response to the report
(5) Notice to the complainant
(6) Compliance with recommendations
(7) Recommendations published
REQUEST FOR ADJUDICATOR'S REVIEW
66.1 (1) Request for review
(2) Request re access
(3) Request re privacy
(4) Deadline
66.2 Notifying others of a request
CONDUCT OF REVIEW BY ADJUDICATOR
66.3 Review by adjudicator
66.4 (1) Procedures for a review
(2) Evidence
(3) Review in private
(4) Powers and protections of adjudicator
66.5 (1) Right to make representations
(2) Procedure
(3) Ombudsman as party
66.6 (1) Review to be completed within 90 days
(2) Extension
BURDEN OF PROOF
66.7 (1) Burden of proof if access denied
(2) Exception: if third party's information is withheld
(3) If information about third party to be released
ADJUDICATOR'S ORDER
66.8 (1) Adjudicator's order
(2) Order re giving or refusing access
(3) Other orders
(4) Limit
(5) Order may contain terms or conditions
(6) Order given to parties
(7) Orders published
66.9 (1) Duty to comply with orders
(2) Protection of third party interests
66.10 (1) Judicial review
(2) Order stayed if application made for judicial review
APPEAL TO COURT
67 (1) Appeal to court
(2) Limit on appeal right
(3) Appeal within 30 days
(4) Head to be named as respondent
(5) Appeal served on head and others
68 Repealed
69 Appeal as a new matter
70 (1) Burden of proof
(2) Burden of proof: personal information
(3) Burden of proof: non-personal information
71 Court may order production of records
72 Court to take precautions against disclosing
73 (1) Powers of court on appeal
(2) Order of court where record contains excepted information
74 No further appeal
PART 6
GENERAL PROVISIONS
75 Repealed
76 (1) Records available without an application
(2) Fee
76.1 (1) Ministerial expenses available to public
(2) Summary to cover fiscal year
(3) Definition of "expenses"
77 Repealed
78 Giving notice under this Act
79 Exercising rights of another person
80 Designation of head by local public body
81 Delegation by the head of a public body
82 (1) Fees
(2) Estimate of fees
(3) Acceptance of estimate within 30 days
(4) Effect of estimate on time limits
(5) Waiver of fees
(6) Fee not to exceed actual cost
83 (1) Annual report of responsible minister
(2) Contents of report
84 Protection from liability
85 (1) Offences
(2) Prosecution within two years
86 (1) Defence under other enactments
(2) No adverse employment action
87 Regulations
PART 7
CONSEQUENTIAL, REVIEW, REPEAL AND COMING INTO FORCE
CONSEQUENTIAL AMENDMENTS
88 to 97
SAVING PROVISIONS
97.1 (1) Right to disclose to War Amps preserved
(2) Local public bodies
REVIEW
98 (1) Review of Act in five years
(2) Tabling of report
REPEAL AND C.C.S.M. REFERENCE
99 Repeal
100 C.C.S.M. reference
COMING INTO FORCE
101 (1) Coming into force of Act
(2) Coming into force for local public bodies
(2.1) Coming into force for The City of Winnipeg
(3) Coming into force of Division 1 of Parts 2 and 3