Frequently Asked Questions (FAQs)


The Frequently Asked Questions are for the former act, which was in force until January 1, 2022. New Frequently Asked Questions are being created for the current act. If you require assistance, please contact Access to Information and Privacy staff at 204-945-1252 or fippa@gov.mb.ca.


 

When do I have to use FIPPA to get information?

Manitoba government departments and other public bodies routinely make a lot of information available to the public. Visit the website or contact the public body to see if you can get the information you need without submitting a FIPPA application.

Some offices have an established application form and process for gaining access to information that is normally available to the public. FIPPA does not replace these existing processes. It also does not affect any fees that may be charged for access. An example of these kinds of fees would be fees that are charged for a copy of a birth or marriage certificate.

When information is not available informally or through another process, you can make a formal request for access under FIPPA.

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How do I request information under FIPPA?

If you have a request for a public body, complete the FIPPA application form. Describe the records you want to access as clearly and as specifically as possible. Include your name, address, telephone or fax number where you can be reached. Sign the form and keep a copy for your reference.

Send the completed application form to the access and privacy coordinator of the public body that has the information you are looking for. For a contact list of the coordinators, go to Where to send your request for access.

The process for submitting requests to government departments is a bit different. For example, if you are a client of a program administered by Manitoba Sport, Culture, Heritage and Tourism and would like to view your file, submit a FIPPA request to that department. The most straightforward way to submit requests to Manitoba government departments is through the Online Request Portal

You can make a verbal request for access if you are a person who has limited ability to read and write English or French, or a person with a disability that prevents you from making a written request.

If you are not sure which public body or government department has the information you would like to see, please email fippa@gov.mb.ca or call 204-945-1252 for assistance.

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When will I get a response to my FIPPA request?

In most cases, you should receive a response from the public body within 45 days, unless they have transferred the request to another public body or extended the response time.

If you do not receive a response within 45 days, you can submit a complaint to the Manitoba Ombudsman.

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When can a public body take more than 45 days to respond?

A public body can extend the time limit for up to an additional 45 days, or longer if the ombudsman agrees and if:

  • the applicant did not provide enough detail for the public body to find the requested records
  • the public body needs time to consult with a third party or another public body before deciding whether to grant access to the records
  • a large number of records is requested and responding within 45 days would interfere unreasonably with the operations of the public body
  • a third party makes a complaint to the ombudsman about a decision to grant access

If the public body wants to extend the response time limit, you will be notified in writing of the reason for the extension and given the new date by which you can expect a response.

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Which public bodies fall under FIPPA?

FIPPA applies to the following:

  • Manitoba government departments (including Executive Council)
  • Manitoba boards, commissions and similar bodies whose board members are all appointed by statute or by Lieutenant-Governor in Council, such as Manitoba Hydro, Manitoba Public Insurance Corporation and the Municipal Board
  • bodies designated as government agencies, educational bodies and health care bodies in the Access and Privacy Regulation
  • City of Winnipeg
  • municipalities and local government districts
  • planning districts
  • watershed districts
  • community councils under The Northern Affairs Act
  • school divisions and districts
  • Assiniboine Community College and Red River College Polytechnic
  • Brandon University, University of Manitoba, University of Winnipeg, University College of the North and Université de Saint-Boniface
  • police boards
  • regional health authorities

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Do I have to pay to get information through FIPPA?

There is no fee for submitting a request under FIPPA or for the first 2 hours the public body spends searching or preparing information for you.  

The following are services that you can be charged for under FIPPA:

  • Search and Preparation Fees

$15 per half hour (after two free hours)

applies to: locating the records, time to make working copies, doing any required severing

does not apply to: deciding what information cannot be disclosed and must be severed, transferring an application to another public body or preparing a fee estimate

  • Computer Programming and Data Processing Fees

$10 for each 15 minutes of in-house programming or data processing, or the actual cost of having it done externally

  • Copying Records (If Applicant Requests a Copy)

photocopies and computer printouts: 20 cents per page
prints from microfilm: 50 cents per page
any other copying method: actual cost

Note: applicants requesting copies of their own personal information are not required to pay for the copies if the total copying charge is less than $10.

  • Delivery Fees

regular mail: no charge
courier delivery: actual cost

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How do I find out if I will be charged and how much it will be?

If you will have to pay a fee, the public body will send you a fee estimate before providing the service. You will have 30 days to notify the public body if you will pay the cost or want to modify the request to reduce the fee.

If you want the public body to go ahead with the original request, sign the estimate of cost form and send it with the total payment to the public body. If you do not reply to a fee estimate within 30 days, the public body may consider your application closed. In this case, they will not move forward with your request. If you receive a fee estimate that you think is unreasonable, you can submit a complaint to the Manitoba Ombudsman.

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Can fees be waived under FIPPA?

If you would like your fees waived, you need to send a request to the public body.

Your fees may be waived if the public body believes that:

  • paying the fees would impose an unreasonable financial hardship on you, or
  • you are requesting access to your own personal information and a waiver is reasonable and fair in the circumstances, or
  • the records relate to a matter of public interest such as public health, safety or the environment

The public body will inform you in writing of its decision about waiving the fees.

You may submit a complaint to the Manitoba Ombudsman if the public body refuses to waive all or part of the fees.

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What kind of response can I expect?

The public body will reply in writing to your request. If your access is granted, you will be told when and how you will be given access to the records.

If you are denied access to all or some of the requested records, you will be told about the specific FIPPA exception(s) that the refusal is based on, the reason why the exception applies and the contact information for an officer of the public body who can answer your questions about the refusal. You will also be told about your right to complain to the ombudsman's Office about the refusal.

When an exception to disclosure applies to part(s) of a record, this information will not be disclosed. However, the rest of the document will be provided to you. On your copy of the document, a blank space or a heavy black line and the FIPPA section number related to the specific exception will appear in place of the information that was removed.

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What information won't be released to me?

Information that falls under an exception to disclosure in FIPPA may not be released to you. There are several exceptions, some of which are mandatory (e.g. they have to be applied) and some are discretionary (e.g. it is up to the public body to decide if they should be applied in a particular situation).

The mandatory exceptions are:

Unreasonable invasion of a third party’s privacy (Section 17)

  • unreasonable invasion of a third party's privacy (Section 17)
  • harm to a third party's business interests (Section 18)
  • cabinet Confidences less than 20 years old (Section 19)
  • information provided in confidence by another government (Section 20)
  • information in a law enforcement record covered by a Canadian law which prohibits disclosure (Section 25(2))
  • solicitor-client privilege of a person other than the public body (Section 27(2)

The discretionary exceptions are:

  • harmful to intergovernmental relations (Section 21)
  • local public body confidences (Section 22)
  • advice to a public body (Section 23)
  • individual or public safety (Section 24)
  • harmful to law enforcement or legal proceedings (Section 25)
  • security of property (Section 26)
  • solicitor-client privilege of the public body (Section 27)
  • harmful to the economic and other interests of a public body (Section 28)
  • testing procedures, tests and audits (Section 29)
  • confidential evaluations about the applicant (Section 30)
  • harmful to preservation of heritage resources (Section 31)
  • information that will be available to the public (Section 32)

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What can I do if I am not satisfied with the response?

If you are not satisfied with a public body's response to your FIPPA request, you can submit a complaint to the Manitoba Ombudsman. The ombudsman is an independent review officer with broad authority to investigate, audit and report under FIPPA.

You can complain to the ombudsman for a number of reasons, including if:

  • you have not received a response to your application within 45 days
  • you do not believe the extension of the response time beyond 45 days is appropriate
  • you have been denied access to all or part of the records you applied for
  • your request to correct your personal information has been refused
  • a public body refuses to waive all or part of your estimated fees
  • you believe your own personal information has been collected, used or disclosed in violation of FIPPA
  • as a third party, you want to contest a public body's decision to give access to records against your wishes
  • you are the relative of a person who has died and have been refused access to their personal information by a public body

Generally, the complaint must be made within 60 days after being notified of the access decision and must be on the prescribed Complaint Form.

The Ombudsman will investigate your complaint and will try to resolve it informally, to the satisfaction of the parties and in a manner consistent with the purposes of FIPPA. If the complaint cannot be resolved informally and is found to be supportable, the Ombudsman will make recommendations to the public body. Written notification of the Ombudsman’s findings and any recommendations to the public body will be sent to you, when the investigation is completed.

For further information about the powers of the Manitoba Ombudsman under FIPPA and the procedure for making a complaint, visit the website of the Manitoba Omdusman’s Office.

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What can I do if I am still unhappy after the Ombudsman’s investigation?

If you are still not satisfied with the public body's response after the ombudsman's investigation and report, you have the right to appeal to the Manitoba Court of King's Bench. You can only make an appeal after the ombudsman has issued a report.

A third party can also appeal a public body's decision to disclose business information or personal information. The third party must also have complained to the ombudsman and received a report.

Generally, you must file an appeal with the Court of King's Bench within 30 days of receiving the ombudsman's report, or within 30 days of receiving notice from the ombudsman about the public body's response to the report.

The Court may dismiss an appeal if it finds that a public body was authorized or required to refuse access to a record. If the Court finds that the public body was not authorized or required to refuse access, it may order some or all of the information to be released.

If the Court finds that a record or part of a record falls within an exception to disclosure, it cannot order the public body to give the requester access to the record or part of it, regardless of whether the exception requires or authorizes refusal of access. For example, if the record falls within a discretionary exception to disclosure and the public body has properly exercised its discretion to refuse access, the Court cannot order the public body to disclose the record.

A decision of the Court of King's Bench is final and binding. There is no appeal to court under FIPPA about the collection, use or disclosure of personal information by a public body.

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What is a record?

A record is information in any form, and includes information that is written, photographed, recorded or stored in any way on any storage medium or by any means, including graphic, electronic or mechanical means. It does not include electronic software or any mechanism that produces records. FIPPA applies to all records that a public body has or controls.

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Are all records held by public bodies covered by FIPPA?

Access to the following records is not governed by FIPPA:

  • court records: records of judges, magistrates and justices of the peace, judicial administration and support records
  • records of the Legislative Assembly and its officers: the Speaker, Clerk of the Assembly, Auditor General, Manitoba Ombudsman, Children's Advocate and Chief Electoral Officer, Information and Privacy Adjudicator
  • records of members of the Legislative Assembly who are not ministers
  • personal or constituency records of a minister or an elected official of a local public body
  • teaching materials and research information of employees of educational institutions
  • questions used on an exam or test
  • records relating to a prosecution or an inquest under The Fatality Inquiries Act when proceedings have not been completed
  • records in the Archives of Manitoba, or the archives of a local public body, acquired from a person or entity other than a public body
  • records originating from a credit union held by the Deposit Guarantee Corporation of Manitoba
  • records under statutes that expressly provide that they prevail over FIPPA such as The Adoption Act, The Child and Family Services Act, The Mental Health Act, The Securities Act, The Statistics Act, The Vital Statistics Act, The Workers Compensation Act, and the Youth Criminal Justice Act (Canada).

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How do I get access to records of Manitoba government departments and agencies held by the Archives of Manitoba?

Visit or contact the Archives of Manitoba and identify which records you would like to view. Archives staff will help you and tell you whether you need to get authorization and if so, from who.

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Does FIPPA give me the right to access my personnel files if I work for a private company?

FIPPA does not apply to the private sector. The Canadian Personal Information and Electronic Documents Act (PIPEDA) protects employee information in the federally-regulated private sector, as well as personal information of customers.

At the present time, there is no requirement that private sector businesses in Manitoba provide their employees with access to personnel files. Some companies do so because of internal policy or procedure.

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How do I apply for access to federal government records?

Access to federal government records falls under the Access to Information Act. You can contact Access to Information and Privacy at https://atip-aiprp.apps.gc.ca/atip/welcome.do

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When did FIPPA come into effect?

FIPPA came into force for Manitoba government departments and agencies on May 4, 1998 and for the City of Winnipeg on August 31, 1998. On April 3, 2000, it was extended to all local governments, school divisions, community colleges, universities, regional health authorities and hospitals.

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What is personal information?

Personal information is any kind of recorded information about an identifiable individual. It includes:

  • your name
  • your home address or home telephone number, fax number or email address
  • your age, sex, sexual orientation, marital or family status
  • your ancestry, race, colour, nationality, national or ethnic origin
  • your religion or creed, or religious belief, association or activity
  • your personal health information
  • your blood type, fingerprints or other hereditary characteristics
  • your political belief, association or activity
  • your education, employment or occupation, or educational, employment or occupational history
  • your source of income or financial circumstances, activities or history
  • your criminal history, including regulatory offences
  • personal views or opinions, except if they are about another person
  • views and opinions expressed about you by another person
  • identifying numbers, symbols or other particulars assigned to you

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How do public bodies protect my privacy?

FIPPA sets out rules that public bodies must follow to protect the personal information they hold. These rules represent the principles of fair information practices, which are increasingly accepted around the world.

While fair information practices may be different from one country or organization to another, they are based on the following minimum standards:

Collection

Organizations must collect personal information directly from the individual concerned, except in specific circumstances, and collect only what is necessary.

Use

Personal information collected for one purpose should not be used for another purpose, without the consent of the individual.

Disclosure:

Personal information should not be released to another organization or individual, except in specific circumstances.

Information management

Records management policies and procedures must be followed to ensure that personal information is secure and not kept any longer than necessary.

Individual access

An individual must be able to access their personal information and to correct or annotate this information.

Openness

Documentation about information management policies, practices and holdings should be available to the public and easily understandable.

Accountability

Organizations are accountable for their personal information policies, practices and holdings. They must designate a person who is responsible for the organization's compliance with fair information practices.

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Can I access my personal health information?

Yes, in most cases. Access to your personal health information is governed by The Personal Health Information Act (PHIA), not FIPPA.

PHIA applies to health professionals, health care facilities and health services agencies, in addition to the public bodies that fall under FIPPA. There is no application form under PHIA.

You have the right to complain to the Manitoba Ombudsman under PHIA, if you are unable to access your personal health information or to have your record corrected (or a statement of disagreement added to the record). The Personal Health Information Act (PHIA)

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When a public body asks me for personal information, can it give that information to someone else without my knowledge?

FIPPA limits what personal information can be disclosed without the consent of the individual. However, it does authorize disclosure in certain circumstances, such as when someone's eligibility in a program is being verified , a debt or fine is being collected, or maintenance orders are being enforced.

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What can I do if I think that a public body has misused or improperly disclosed my personal information?

You can contact the access and privacy coordinator of the public body to discuss your concerns. If you are not satisfied with the public body's response or explanation, you can make a complaint to the Manitoba Ombudsman.

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How do I request a correction to my personal information?

If you have been given access to your own personal information and you believe there is an error or omission in the information, you can request that the public body correct the record.

You must make the request for correction in writing, but there is no specific form for this kind of request. Send your request to the access and privacy coordinator of the public body that has your personal information.

Within 30 days of receiving your request, the public body will:

  • make the requested correction and notify you of the correction, or
  • notify you that it will not make the correction and the reason for refusing

If the public body has refused to make the correction, it should add your request for correction to that record.

You have the right to submit a complaint to the Manitoba Ombudsman about a refusal to correct a record.

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