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5(1) | Repealed |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) | |
(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 |