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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| 5 | (1) | Repealed |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 |
| (1.1) | Appointment process | |
| (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 | |