C.C.S.M. c. F175
The Freedom of Information and Protection of Privacy Act
Table of Contents
PART 1 | ||
INTRODUCTORY PROVISIONS | ||
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5 | (1) | [Repealed] |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 | ||
6 | Part does not apply to individual's personal health information | |
(1.1) | Deemed request under Personal Health Information Act | |
6.1 | Part does not apply to publicly available information | |
7 | Right of access | |
(2) | Severing information | |
(3) | Fee | |
8 | How to make a request | |
(2) | Content of request | |
(3) | Oral request | |
9 | Duty to assist applicant | |
10 | Access to records in electronic form | |
(2) | Creating a record in the form requested | |
11 | Time limit for responding | |
(2) | Failure to respond | |
12 | Contents of response | |
(2) | Refusal to confirm or deny existence of record | |
12.1 | Additional information | |
(2) | Request to be in writing | |
(3) | Information to be provided within 30 days | |
(4) | Effect of request on time limits | |
(5) | Notice | |
13 | Public body may disregard certain requests | |
(1.1) | Considerations | |
(2) | Notice | |
14 | How access will be given | |
(2) | Explanation | |
15 | Extending the time limit for responding | |
(2) | Notice of extension to applicant | |
16 | Transferring a request | |
(2) | Response within 45 days after transfer | |
PRIVACY OF A THIRD PARTY | ||
17 | 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 | |
(4.1) | Summary of information | |
(5) | Disclosure with third party's consent | |
(6) | Volume disclosure from a public registry | |
BUSINESS INTERESTS OF THIRD PARTIES | ||
18 | Disclosure harmful to a third party's business interests | |
(2) | Tax return information | |
(3) | Exceptions | |
(4) | Disclosure in the public interest | |
CABINET CONFIDENCES | ||
19 | Cabinet confidences | |
(2) | Exceptions | |
INFORMATION PROVIDED BY ANOTHER GOVERNMENT |
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20 | Information provided by another government to department or government agency | |
(2) | Information provided by another government to a local public body | |
(3) | Exceptions | |
RELATIONS BETWEEN MANITOBA | ||
21 | Disclosure harmful to relations between Manitoba and other governments | |
(2) | Consent required for disclosure by local public body | |
LOCAL PUBLIC BODY CONFIDENCES | ||
22 | Local public body confidences | |
(2) | Exceptions | |
ADVICE TO A PUBLIC BODY | ||
23 | 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 |
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25 | 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 | |
LEGAL PRIVILEGE | ||
27 | Privileged information | |
(2) | Third party's legal privilege | |
ECONOMIC AND OTHER INTERESTS OF | ||
28 | Disclosure harmful to economic and other interests of a public body | |
(2) | Exception | |
TESTING PROCEDURES, TESTS AND AUDITS |
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29 | Testing procedures, tests and audits | |
LABOUR RELATIONS INFORMATION | ||
29.1 | Disclosure harmful to public body's labour relations | |
WORKPLACE INVESTIGATIONS | ||
29.2 | Information relating to workplace investigations | |
CONFIDENTIAL EVALUATIONS | ||
30 | Confidential evaluations about the applicant | |
(2) | Exception | |
PRESERVATION OF HERITAGE RESOURCES AND LIFE FORMS |
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31 | Disclosure harmful to preservation of heritage resources and life forms | |
(2) | Information re designation of sites | |
INFORMATION THAT WILL BE AVAILABLE TO THE PUBLIC |
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32 | Information that will be available to the public | |
(1.1) | Exception | |
(2) | Notification when information becomes available | |
33 | Notice to third party | |
(2) | Waiver of notice requirement | |
(3) | Content of notice | |
(4) | Further details of notice | |
(5) | Written representations | |
34 | Decision within 30 days | |
(1.1) | Consideration of third party representations | |
(2) | Notice of decision | |
(3) | Extended time limit | |
(3.1) | Access with third party's consent | |
(4) | Complaint about decision to give access | |
(5) | Complaint about decision to refuse access | |
PART 3 | ||
PROTECTION OF PRIVACY | ||
35 | Part does not apply to personal health information | |
COLLECTION OF INFORMATION | ||
36 | Purpose of collection of information | |
(2) | Limit on amount of information collected | |
37 | 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 | Right to request correction | |
(2) | Written request | |
(2.1) | Public body may disregard certain requests | |
(3) | Head's response | |
(4) | Extended time limit | |
(4.1) | Statement of disagreement | |
(4.2) | No entitlement to file statement | |
(5) | Notice to others | |
(6) | Correction required | |
RETENTION AND SECURITY OF INFORMATION |
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40 | Retention of personal information | |
(2) | Content of retention policy | |
41 | Protection of personal information | |
41.1 | Definitions | |
(2) | Notifying individual of privacy breach | |
(3) | Notice requirements | |
(4) | Notifying Ombudsman | |
41.2 | Disclosure of unauthorized activity to Ombudsman | |
(2) | Limitation | |
(3) | No offence | |
(4) | Identity kept confidential | |
GENERAL DUTIES OF PUBLIC BODIES | ||
42 | General duty of public bodies | |
(2) | Limit on amount of information used or disclosed | |
(3) | Limit on employees | |
(4) | Application | |
RESTRICTIONS ON USE OF INFORMATION | ||
43 | Use of personal information | |
RESTRICTIONS ON DISCLOSURE OF INFORMATION |
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44 | Disclosure of personal information | |
(1.1) | Fundraising agreement | |
(2) | [Repealed] | |
44.1 | 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 | Disclosure for research purposes | |
(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 | 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 or audit in private | |
53 | Statements and reports not admissible in evidence | |
(2) | Not compellable as witness | |
54 | Privilege | |
55 | Ombudsman restricted as to disclosure of information | |
(2) | When disclosure permitted | |
(3) | Reasonable precautions to avoid disclosure | |
(3.1) | Disclosure to prevent risk of harm | |
(4) | Information about offences | |
(5) | Information relating to a prosecution or appeal | |
56 | Delegation | |
57 | Protection from liability | |
58 | Annual report | |
(2) | Report to be laid before Legislative Assembly | |
(3) | Special report | |
PART 4.1 | ||
INFORMATION AND PRIVACY ADJUDICATOR |
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58.1 | Appointment of Information and Privacy Adjudicator | |
(1.0.1) | Committee recommendation required | |
(1.0.2) | Officer of the Assembly | |
(1.1) | Appointment process | |
(1.2) | Remuneration | |
(1.3) | No reduction of salary | |
(2) | Role of adjudicator | |
58.2 | Suspension or removal | |
(2) | Suspension if Assembly not sitting | |
(3) | Length of suspension | |
58.3 | Deputy adjudicator | |
(1.1) | Powers and duties | |
(1.2) | Salary in certain cases | |
58.4 | Adjudicator to take precautions against disclosing | |
58.5 | 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 | Annual report | |
(2) | Tabling report in Assembly | |
PART 5 | ||
COMPLAINTS | ||
MAKING A COMPLAINT | ||
59 | Right to make a complaint about access | |
(2) | Complaint by a third party about access | |
(3) | Complaint about privacy | |
(3.1) | Complaint about correction | |
(4) | Complaint about refusal | |
(5) | Ombudsman may initiate a complaint | |
60 | How to make a complaint | |
(2) | 60-day time limit | |
(2.1) | 21-day limit for complaint by third party | |
(3) | 120-day time limit for failure to respond | |
61 | Notifying others of a complaint | |
INVESTIGATION | ||
62 | Investigation | |
(2) | Informal resolution | |
63 | Decision to not deal with a complaint | |
(2) | Notifying the complainant | |
64 | 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 |
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66 | 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 | 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 | Procedures for a review | |
(2) | Evidence | |
(3) | Review in private | |
(4) | Powers and protections of adjudicator | |
66.5 | Right to make representations | |
(2) | Procedure | |
(3) | Ombudsman as party | |
66.6 | Review to be completed within 90 days | |
(2) | Extension | |
BURDEN OF PROOF | ||
66.7 | 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 | 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 | Duty to comply with orders | |
(2) | Protection of third party interests | |
66.10 | Judicial review | |
(2) | Order stayed if application made for judicial review | |
APPEAL TO COURT | ||
67 | 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 | 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 | Powers of court on appeal | |
(2) | Order of court where record contains excepted information | |
74 | No further appeal | |
PART 6 | ||
GENERAL PROVISIONS | ||
75 | [Repealed] | |
75.1 | Notice of access requests | |
(2) | Content of notice | |
(3) | Exception | |
76 | Records available without an application | |
(1.1) | Records more than 100 years old | |
(2) | Fee | |
76.1 | Ministerial expenses available to public | |
(2) | Summary to cover fiscal year | |
(3) | Definition of "expenses" | |
76.2 | Executive Council records | |
(2) | Ministerial records | |
76.3 | Records to be disclosed | |
(2) | Departmental records | |
(3) | Compliance with directive | |
(4) | Limitation | |
76.4 | Minister may obtain information for publication | |
(2) | Compliance with directive | |
(3) | Publication | |
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 | 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 | |
(7) | Notice | |
83 | Annual report of responsible minister | |
(2) | Contents of report | |
84 | Protection from liability | |
85 | Offences | |
(2) | Time limit for prosecution | |
(3) | Application | |
86 | Defence under other enactments | |
(2) | No adverse employment action | |
87 | Regulations | |
PART 7 | ||
CONSEQUENTIAL, REVIEW, REPEAL AND COMING INTO FORCE |
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CONSEQUENTIAL AMENDMENTS | ||
88 to 97 | [amendments to other Acts] | |
SAVING PROVISIONS | ||
97.1 | Right to disclose to War Amps preserved | |
(2) | Local public bodies | |
REVIEW | ||
98 | Review of Act within 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 | 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 |