C.C.S.M. c. F175
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| PART 1
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| INTRODUCTORY PROVISIONS
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| 1
| (1)
| Definitions
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| (2)
| Interpretation of "personal health information"
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| 2
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| Purposes of this Act
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| 3
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| Scope of this Act
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| 4
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| Records to which this Act applies
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| 5
| (1)
| Repealed
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| (2)
| Conflict with another Act
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| (3)
| Sunset provision
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| PART 2
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| ACCESS TO INFORMATION
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| DIVISION 1
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| APPLICATION OF THIS PART
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| 6
| (1)
| Part does not apply to individual's personal health information
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| (2)
| Part does not apply to publicly available information
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| DIVISION 2
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| OBTAINING ACCESS TO RECORDS
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| 7
| (1)
| Right of access
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| (2)
| Severing information
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| (3)
| Fee
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| 8
| (1)
| How to make a request
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| (2)
| Prescribed form
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| (3)
| Oral request
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| 9
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| Duty to assist applicant
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| 10
| (1)
| Access to records in electronic form
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| (2)
| Creating a record in the form requested
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| 11
| (1)
| Time limit for responding
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| (2)
| Failure to respond
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| 12
| (1)
| Contents of response
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| (2)
| Refusal to confirm or deny existence of record
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| 13
| (1)
| Public body may disregard certain requests
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| (2)
| Notice
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| 14
| (1)
| How access will be given
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| (2)
| Explanation
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| 15
| (1)
| Extending the time limit for responding
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| (2)
| Notice of extension to applicant
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| 16
| (1)
| Transferring a request
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| (2)
| Response within 30 days after transfer
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| DIVISION 3
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| MANDATORY EXCEPTIONS TO DISCLOSURE
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| PRIVACY OF A THIRD PARTY
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| 17
| (1)
| Disclosure harmful to a third party's privacy
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|
| (2)
| Disclosures deemed to be an unreasonable invasion of privacy
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| (3)
| Determining unreasonable invasion of privacy
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| (4)
| When disclosure not unreasonable
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| (5)
| Disclosure with third party's consent
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| (6)
| Volume disclosure from a public registry
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| BUSINESS INTERESTS OF THIRD PARTIES
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| 18
| (1)
| Disclosure harmful to a third party's business interests
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| (2)
| Tax return information
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| (3)
| Exceptions
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| (4)
| Disclosure in the public interest
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| CABINET CONFIDENCES
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| 19
| (1)
| Cabinet confidences
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| (2)
| Exceptions
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| INFORMATION PROVIDED BY ANOTHER GOVERNMENT
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| 20
| (1)
| Information provided by another government to department or government agency
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| (2)
| Information provided by another government to a local public body
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| (3)
| Exceptions
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| DIVISION 4
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| DISCRETIONARY EXCEPTIONS TO DISCLOSURE
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| RELATIONS BETWEEN MANITOBA AND OTHER GOVERNMENTS
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| 21
| (1)
| Disclosure harmful to relations between Manitoba and other governments
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| (2)
| Consent required for disclosure by local public body
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| LOCAL PUBLIC BODY CONFIDENCES
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| 22
| (1)
| Local public body confidences
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| (2)
| Exceptions
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| ADVICE TO A PUBLIC BODY
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| 23
| (1)
| Advice to a public body
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| (2)
| Exceptions
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| (3)
| Interpretation of "background research"
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| INDIVIDUAL OR PUBLIC SAFETY
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| 24
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| Disclosure harmful to individual or public safety
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| LAW ENFORCEMENT AND LEGAL PROCEEDINGS
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| 25
| (1)
| Disclosure harmful to law enforcement or legal proceedings
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| (2)
| No disclosure if offence
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| (3)
| Exceptions
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| SECURITY OF PROPERTY
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| 26
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| Disclosure harmful to security of property
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| SOLICITOR-CLIENT PRIVILEGE
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| 27
| (1)
| Solicitor-client privilege
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| (2)
| Third party's solicitor-client privilege
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| ECONOMIC AND OTHER INTERESTS OF A PUBLIC BODY
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| 28
| (1)
| Disclosure harmful to economic and other interests of a public body
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| (2)
| Exception
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| TESTING PROCEDURES, TESTS AND AUDITS
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| 29
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| Testing procedures, tests and audits
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| CONFIDENTIAL EVALUATIONS
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| 30
| (1)
| Confidential evaluations about the applicant
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| (2)
| Exception
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| PRESERVATION OF HERITAGE RESOURCES AND LIFE FORMS
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| 31
| (1)
| Disclosure harmful to preservation of heritage resources and life forms
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| (2)
| Information re designation of sites
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| INFORMATION THAT WILL BE AVAILABLE TO THE PUBLIC
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| 32
| (1)
| Information that will be available to the public
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| (2)
| Notification when information becomes available
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| DIVISION 5
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| THIRD PARTY INTERVENTION
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| 33
| (1)
| Notice to third party
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| (2)
| Waiver of notice requirement
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| (3)
| Content of notice
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| (4)
| Further details of notice
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| (5)
| Written representations
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| 34
| (1)
| Decision within 30 days
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| (2)
| Notice of decision
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| (3)
| Extended time limit
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| (4)
| Complaint about decision to give access
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| (5)
| Complaint about decision to refuse access
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| PART 3
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| PROTECTION OF PRIVACY
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| DIVISION 1
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| APPLICATION OF THIS PART
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| 35
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| Part does not apply to personal health information
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| DIVISION 2
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| COLLECTION, CORRECTION AND RETENTION OF PERSONAL INFORMATION
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| COLLECTION OF INFORMATION
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| 36
| (1)
| Purpose of collection of information
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| (2)
| Limit on amount of information collected
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| 37
| (1)
| Manner of collection
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| (2)
| Individual must be informed
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| (3)
| When notice not required
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| ACCURACY OF INFORMATION
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| 38
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| Accuracy of personal information
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| CORRECTION OF INFORMATION
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| 39
| (1)
| Right to request correction
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| (2)
| Written request
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| (3)
| Head's response
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| (4)
| Extended time limit
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| (5)
| Notice to others
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| (6)
| Correction required
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| RETENTION OF INFORMATION
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| 40
| (1)
| Retention of personal information
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| (2)
| Content of retention policy
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| 41
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| Protection of personal information
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| DIVISION 3
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| RESTRICTIONS ON USE AND DISCLOSURE OF PERSONAL INFORMATION
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| GENERAL DUTIES OF PUBLIC BODIES
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| 42
| (1)
| General duty of public bodies
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| (2)
| Limit on amount of information used or disclosed
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| (3)
| Limit on employees
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| RESTRICTIONS ON USE OF INFORMATION
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| 43
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| Use of personal information
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| RESTRICTIONS ON DISCLOSURE OF INFORMATION
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| 44
| (1)
| Disclosure of personal information
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| (1.1)
| Fundraising agreement
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| (2)
| Repealed
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| 44.1
| (1)
| Public body may provide information to an information manager
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| (2)
| Restrictions on use
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| (3)
| Agreement required
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| (4)
| Information manager shall comply with Act
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| (5)
| Information deemed to be maintained by the public body
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| 45
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| Consistent purposes
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| 46
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| Repealed
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| 47
| (1)
| Disclosure for research purposes
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| (2) and (3)
| Repealed
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| (4)
| Conditions of disclosure
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| 48
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| Disclosure of records more than 100 years old
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| PART 4
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| POWERS AND DUTIES OF THE OMBUDSMAN
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| 49
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| General powers and duties
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| 50
| (1)
| Evidence Act powers
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| (2)
| Production of records
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| (3)
| Records to be produced within 14 days
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| (4)
| Examination of record on site
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| 51
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| Right of entry
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| 52
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| Investigation in private
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| 53
| (1)
| Statements and reports not admissible in evidence
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| (2)
| Not compellable as witness
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| 54
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| Privilege
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| 55
| (1)
| Ombudsman restricted as to disclosure of information
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| (2)
| When disclosure permitted
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| (3)
| Reasonable precautions to avoid disclosure
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| (4)
| Information about offences
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| (5)
| Information relating to a prosecution or appeal
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| 56
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| Delegation
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| 57
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| Protection from liability
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| 58
| (1)
| Annual report
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| (2)
| Report to be laid before Legislative Assembly
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| (3)
| Special report
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| PART 4.1
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| INFORMATION AND PRIVACY ADJUDICATOR
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| 58.1
| (1)
| Appointing adjudicator
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| (2)
| Role of adjudicator
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| 58.2
| (1)
| Removal or suspension
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| (2)
| Suspension if Assembly not sitting
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| (3)
| Acting adjudicator
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| 58.3
| (1)
| Deputy adjudicator
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| (2)
| Staff
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| 58.4
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| Adjudicator to take precautions against disclosing
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| 58.5
| (1)
| Statements made to adjudicator not admissible in evidence
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| (2)
| Evidence of proceeding before adjudicator
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| 58.6
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| Information provided under qualified privilege
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| 58.7
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| Protection from liability
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| 58.8
| (1)
| Annual report
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| (2)
| Tabling report in Assembly
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| PART 5
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| COMPLAINTS
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| MAKING A COMPLAINT
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| 59
| (1)
| Right to make a complaint about access
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| (2)
| Complaint by a third party about access
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| (3)
| Complaint about privacy
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| (4)
| Complaint by relative of deceased
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| (5)
| Ombudsman may initiate a complaint
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| 60
| (1)
| How to make a complaint
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| (2)
| 60-day time limit
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| (3)
| 120-day time limit for failure to respond
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| 61
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| Notifying others of a complaint
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| INVESTIGATION
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| 62
| (1)
| Investigation
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| (2)
| Informal resolution
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| 63
| (1)
| Decision to not deal with a complaint
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| (2)
| Notifying the complainant
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| 64
| (1)
| Representations to the Ombudsman
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| (2)
| Written or oral representations
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| (3)
| Representations by counsel
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| 65
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| 90-day time limit for investigation
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| OMBUDSMAN'S REPORT ABOUT A COMPLAINT
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| 66
| (1)
| Report
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| (2)
| Report sent to complainant and others
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| (3)
| Notice of right to appeal
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| (4)
| Head's response to the report
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| (5)
| Notice to the complainant
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| (6)
| Compliance with recommendations
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| (7)
| Recommendations published
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| REQUEST FOR ADJUDICATOR'S REVIEW
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| 66.1
| (1)
| Request for review
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| (2)
| Request re access
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| (3)
| Request re privacy
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| (4)
| Deadline
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| 66.2
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| Notifying others of a request
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| CONDUCT OF REVIEW BY ADJUDICATOR
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| 66.3
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| Review by adjudicator
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| 66.4
| (1)
| Procedures for a review
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| (2)
| Evidence
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| (3)
| Review in private
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| (4)
| Powers and protections of adjudicator
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| 66.5
| (1)
| Right to make representations
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| (2)
| Procedure
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| (3)
| Ombudsman as party
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| 66.6
| (1)
| Review to be completed within 90 days
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| (2)
| Extension
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| BURDEN OF PROOF
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| 66.7
| (1)
| Burden of proof if access denied
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| (2)
| Exception: if third party's information is withheld
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| (3)
| If information about third party to be released
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| ADJUDICATOR'S ORDER
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| 66.8
| (1)
| Adjudicator's order
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| (2)
| Order re giving or refusing access
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| (3)
| Other orders
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| (4)
| Limit
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| (5)
| Order may contain terms or conditions
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| (6)
| Order given to parties
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| (7)
| Orders published
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| 66.9
| (1)
| Duty to comply with orders
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| (2)
| Protection of third party interests
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| 66.10
| (1)
| Judicial review
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| (2)
| Order stayed if application made for judicial review
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| APPEAL TO COURT
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| 67
| (1)
| Appeal to court
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| (2)
| Limit on appeal right
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| (3)
| Appeal within 30 days
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| (4)
| Head to be named as respondent
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| (5)
| Appeal served on head and others
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| 68
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| Repealed
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| 69
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| Appeal as a new matter
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| 70
| (1)
| Burden of proof
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| (2)
| Burden of proof: personal information
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| (3)
| Burden of proof: non-personal information
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| 71
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| Court may order production of records
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| 72
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| Court to take precautions against disclosing
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| 73
| (1)
| Powers of court on appeal
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| (2)
| Order of court where record contains excepted information
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| 74
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| No further appeal
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| PART 6
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| GENERAL PROVISIONS
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| 75
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| Repealed
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| 76
| (1)
| Records available without an application
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| (2)
| Fee
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| 76.1
| (1)
| Ministerial expenses available to public
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| (2)
| Summary to cover fiscal year
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| (3)
| Definition of "expenses"
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| 77
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| Repealed
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| 78
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| Giving notice under this Act
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| 79
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| Exercising rights of another person
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| 80
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| Designation of head by local public body
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| 81
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| Delegation by the head of a public body
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| 82
| (1)
| Fees
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| (2)
| Estimate of fees
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| (3)
| Acceptance of estimate within 30 days
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| (4)
| Effect of estimate on time limits
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| (5)
| Waiver of fees
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| (6)
| Fee not to exceed actual cost
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| 83
| (1)
| Annual report of responsible minister
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| (2)
| Contents of report
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| 84
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| Protection from liability
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| 85
| (1)
| Offences
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| (2)
| Prosecution within two years
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| 86
| (1)
| Defence under other enactments
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| (2)
| No adverse employment action
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| 87
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| Regulations
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| PART 7
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| CONSEQUENTIAL, REVIEW, REPEAL AND COMING INTO FORCE
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| CONSEQUENTIAL AMENDMENTS
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| 88 to 97
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| SAVING PROVISIONS
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| 97.1
| (1)
| Right to disclose to War Amps preserved
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| (2)
| Local public bodies
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| REVIEW
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| 98
| (1)
| Review of Act in five years
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| (2)
| Tabling of report
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| REPEAL AND C.C.S.M. REFERENCE
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| 99
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| Repeal
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| 100
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| C.C.S.M. reference
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| COMING INTO FORCE
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| 101
| (1)
| Coming into force of Act
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| (2)
| Coming into force for local public bodies
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| (2.1)
| Coming into force for The City of Winnipeg
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| (3)
| Coming into force of Division 1 of Parts 2 and 3
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