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C.C.S.M. c. F175
The Freedom of Information and Protection of Privacy Act
| PART 1 | |
| INTRODUCTORY PROVISIONS | |
| 1 | Definitions |
| 2 | Purposes of this Act |
| 3 | Scope of this Act |
| 4 | Records to which this Act applies |
| 5(1) | |
| (2) | Conflict with another Act |
| (3) | Sunset provision |
| PART 2 | |
| ACCESS TO INFORMATION | |
| DIVISION 1 | |
| APPLICATION OF THIS PART | |
| 6 | Part does not apply to individual's personal health 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) | Repetitive or incomprehensible request |
| (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 | Confidential evaluations about the applicant |
| 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 IS OR WILL BE AVAILABLE TO THE PUBLIC | |
| 32(1) | Information that is or 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 |
| (2) | Agreement for information technology services |
| 45 | Consistent purposes |
| 46(1) | Application |
| (2) | Assessment required for other uses and disclosures |
| (3) | Government must refer to review committee |
| (4) | Local public body may refer to review committee |
| (5) | Review committee to provide advice |
| (6) | Conditions of approval |
| 47(1) | Disclosure for research purposes |
| (2) | Referral to review committee |
| (3) | Review committee to provide advice |
| (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 | Information provided under qualified 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 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 |
| APPEAL TO COURT | |
| 67(1) | Appeal to court |
| (2) | Appeal only if complaint has been made |
| (3) | Appeal within 30 days |
| (4) | Head to be named as respondent |
| (5) | Appeal served on head and others |
| 68(1) | Appeal by the Ombudsman |
| (2) | Ombudsman may intervene |
| (3) | Conditions for appeal or intervention |
| (4) | Appeal served on head and others |
| 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(1) | Directory |
| (2) | Contents of directory |
| (3) | Personal information banks |
| (4) | Disclosure for non-declared purpose |
| (5) | Application of this section to local public bodies |
| (6) | Public bodies to provide information |
| 76(1) | Records available without an application |
| (2) | Fee |
| 77 | Privacy Assessment Review Committee |
| 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 | |
| REVIEW | |
| 98 | Review of this Act |
| 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 |