The Freedom of Information and Protection of Privacy Act

Exceptions 25(3) Subsection (1) does not apply to (a) a report, including statistical analysis, on the degree of success achieved by a law enforcement program, unless disclosure of the report could reasonably be expected to cause any harm or interference referred to in subsection (1); or (b) a record that provides a general outline of the structure or programs of a law enforcement agency. SECURITY OF PROPERTY Disclosure harmful to security of property 26 The head of a public body may refuse to disclose information to an applicant if disclosure could reasonably be expected to harm or threaten the security of any property or system, including a building, a vehicle, an electronic information system or a communications system. LEGAL PRIVILEGE Privileged information 27(1) The head of a public body may refuse to disclose to an applicant (a) information that is subject to any type of legal privilege, including solicitor-client privilege and litigation privilege; (b) information prepared by or for an agent or lawyer of the Minister of Justice and Attorney-General or the public body in relation to a matter involving the provision of legal advice or legal services or in relation to the investigation or prosecution of an offence; or (c) information in correspondence between an agent or lawyer of the Minister of Justice and Attorney-General or the public body and any other person in relation to a matter involving the provision of legal advice or legal services or in relation to the investigation or prosecution of an offence. Third party's legal privilege 27(2) The head of a public body shall refuse to disclose to an applicant information that is subject to a legal privilege of a person other than the public body. S.M. 2021, c. 43, s. 13 . ECONOMIC AND OTHER INTERESTS OF A PUBLIC BODY Disclosure harmful to economic and other interests of a public body 28(1) The head of a public body may refuse to disclose information to an applicant if disclosure could reasonably be expected to harm the economic or financial interests or negotiating position of a public body or the Government of Manitoba, including the following information: (a) a trade secret of a public body or the Government of Manitoba; (b) financial, commercial, scientific, technical or other information in which a public body or the Government of Manitoba has a proprietary interest or right of use; (c) information the disclosure of which could reasonably be expected to (i) result in financial loss to, (ii) prejudice the competitive position of, or (iii) interfere with or prejudice contractual or other negotiations of, a public body or the Government of Manitoba; (d) innovative scientific or technical information obtained through research by an employee of a public body or the Government of Manitoba; (e) information the disclosure of which could reasonably be expected to result in an undue loss or benefit to a person, or premature disclosure of a pending policy decision, including but not limited to, (i) a contemplated change in taxes or other source of revenue, (ii) a contemplated change in government borrowing, (iii) a contemplated change in the conditions of operation of a financial institution, stock exchange, or commodities exchange, or of any self-regulating association recognized by The Manitoba Securities Commission under an enactment of Manitoba, or (iv) a contemplated sale or purchase of securities, bonds or foreign or Canadian currency. Exception 28(2) Subsection (1) does not apply to the results of a product or environmental test conducted by or for a public body, unless the test was done for the purpose of developing methods of testing or for the purpose of testing products for possible purchase. S.M. 1998, c. 45, s. 10 ; S.M. 2011, c. 35, s. 16 . TESTING PROCEDURES, TESTS AND AUDITS Testing procedures, tests and audits 29 The head of a public body may refuse to disclose to an applicant information relating to (a) testing or auditing procedures or techniques; or (b) details of specific tests to be given or audits to be conducted; if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits. LABOUR RELATIONS INFORMATION Disclosure harmful to public body's labour relations 29.1 The head of a public body may refuse to disclose information to an applicant if (a) disclosure would reveal labour relations information of the public body as an employer; (b) the information was prepared by or supplied to the public body, explicitly or implicitly, on a confidential basis and treated consistently as confidential information by the public body as an employer; and (c) disclosure could reasonably be expected to (i) harm the competitive position or interfere with contractual or other negotiations of the public body as an employer, (ii) result in significant financial loss or gain to the public body as an employer, (iii) result in similar information no longer being supplied to the public body when it is in the public interest that similar information continue to be supplied, or (iv) reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute. S.M. 2021, c. 43, s. 14 . WORKPLACE INVESTIGATIONS Information relating to workplace investigations 29.2 The head of a public body may refuse to disclose information to an applicant if (a) the information relates to an ongoing investigation by or on behalf of the public body into the employment-related conduct of an employee; or (b) the information was created or collected for the purpose of such an investigation, regardless of whether the investigation took place, and disclosure of the information could reasonably be expected to cause harm to the applicant, a public body or a third party. S.M. 2021, c. 43, s. 14 . CONFIDENTIAL EVALUATIONS Confidential evaluations about the applicant 30(1) The head of a public body may refuse to disclose to an applicant personal information that has been provided in confidence, explicitly or implicitly, for purposes of determining the applicant's suitability, eligibility or qualifications for employment, or for the purpose of awarding a contract. Exception 30(2) Subsection (1) does not apply to information that the public body is required to provide to the applicant under The Personal Investigations Act . S.M. 2008, c. 40, s. 11 . PRESERVATION OF HERITAGE RESOURCES AND LIFE FORMS Disclosure harmful to preservation of heritage resources and life forms 31(1) The head of a public body may refuse to disclose information to an applicant if disclosure could reasonably be expected to result in damage to or interfere with the preservation, protection or conservation of (a) a heritage resource as defined in The Heritage Resources Act ; or (b) any rare, endangered, threatened or vulnerable life form, including plants, vertebrates and invertebrates. Information re designation of sites 31(2) The head of a public body may refuse to disclose to an applicant information relating to a contemplated designation of a heritage site, a municipal heritage site or a heritage object under The Heritage Resources Act. INFORMATION THAT WILL BE AVAILABLE TO THE PUBLIC Information that will be available to the public 32(1) The head of a public body may refuse to disclose to an applicant information that will be made available to the public within 60 days after the applicant's request is received. Exception 32(1.1) Despite subsection (1), the head of a public body may refuse to disclose to an applicant information that will be made available to the public under section 76.2. Notification when information becomes available 32(2) When the head of a public body has refused to disclose information under subsection (1) or (1.1), the head shall (a) notify the applicant when the information becomes available; and (b) if the information is not available to the public within 60 days after the applicant's request is received, reconsider the request as if it were a new request received on the last day of the 60-day period and not refuse access to the information under subsection (1). S.M. 2008, c. 40, s. 12 ; S.M. 2021, c. 43, s. 15 . DIVISION 5 THIRD PARTY INTERVENTION Notice to third party 33(1) When the head of a public body is considering giving access to a record the disclosure of which might (a) result in an unreasonable invasion of a third party's privacy under section 17; or (b) affect a third party's interests described in subsection 18(1) or (2); the head shall, where practicable and as soon as practicable, give written notice to the third party in accordance with subsection (3). Waiver of notice requirement 33(2) A third party is deemed to have waived the requirement for notice in subsection (1) in a case where the third party has consented to or requested the disclosure. Content of notice 33(3) A notice under subsection (1) must (a) state that a request has been made for access to a record that may contain information the disclosure of which might invade the privacy or affect the interests of the third party; (b) include a copy of the record or part of it containing the information in question or describe the contents of the record; and (c) state that, within 20 days after the notice is given, the third party may, in writing, consent to the disclosure or make representations to the head of the public body explaining why the information should not be disclosed. Further details of notice 33(4) When notice is given under subsection (1), the head of the public body shall also give the applicant a notice stating that (a) the record requested by the applicant may contain information the disclosure of which might invade the privacy or affect the interests of a third party; (b) the third party is being given an opportunity to make representations concerning disclosure; and (c) a decision respecting disclosure will be made within 30 days after the day notice is given under subsection (1), unless the time limit for responding is extended under section 15. Written representations 33(5) Representations by a third party under this section must be made in writing unless the head permits them to be made orally. Decision within 30 days 34(1) Within 30 days after notice is given under subsection 33(1), the head of the public body shall decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of (a) 21 days after the notice is given; and (b) the day a response is received from the third party. Consideration of third party representations 34(1.1) When making a decision, the head of the public body must consider any response received from the third party, if such a response is received within 20 days after notice is given under subsection 33(1) . Notice of decision 34(2) On reaching a decision under subsection (1), the head of the public body shall give written notice of the decision, including reasons for the decision, to the applicant and the third party. Extended time limit 34(3) Subsection 15(1) applies with necessary modifications to the period set out in subsection (1). Access with third party's consent 34(3.1) If the head of the public body decides to give access to the record or part of the record and the third party has consented to the disclosure, the notice under subsection (2) must inform the applicant that access to the record or part of the record is granted and where, when and how access will be given. Complaint about decision to give access 34(4) If the head of the public body decides to give access to the record or part of the record without the consent of the third party, the notice under subsection (2) must state that (a) the third party may make a complaint to the Ombudsman under Part 5 within 21 days after the notice is given; and (b) the applicant will be given access to the record upon completion of the 21-day period, unless, within that period, the third party (i) makes a complaint under Part 5, and (ii) gives notice of the complaint being made to the head of the public body. Complaint about decision to refuse access 34(5) If the head of the public body decides not to give access to the record or part of the record, the notice under subsection (2) must state that the applicant may make a complaint to the Ombudsman under Part 5 within 60 days after the notice is given. S.M. 2021, c. 43, s. 16 . PART 3 PROTECTION OF PRIVACY DIVISION 1 APPLICATION OF THIS PART Part does not apply to personal health information 35 This Part does not apply to personal health information to which The Personal Health Information Act applies. DIVISION 2 COLLECTION, CORRECTION AND RETENTION OF PERSONAL INFORMATION COLLECTION OF INFORMATION Purpose of collection of information 36(1) No personal information may be collected by or for a public body unless (a) collection of the information is authorized by or under an enactment of Manitoba or of Canada; (b) the information relates directly to and is necessary for an existing service, program or activity of the public body; or (c) the information is collected for law enforcement purposes or crime prevention. Limit on amount of information collected 36(2) A public body shall collect only as much personal information about an individual as is reasonably necessary to accomplish the purpose for which it is collected. S.M. 2008, c. 40, s. 13 . Manner of collection 37(1) Personal information must be collected by or for a public body directly from the individual the information is about unless (a) another method of collection is authorized by that individual, or by an enactment of Manitoba or Canada; (b) collection of the information directly from the individual could reasonably be expected to cause harm to the individual or to another person; (c) collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual; (d) collection of the information directly from the individual could reasonably be expected to result in inaccurate information being collected; (e) the information may be disclosed to the public body under Division 3 of this Part; (f) the information is collected for inclusion in a public registry; (g) the information is collected for law enforcement purposes or crime prevention; (h) the information is collected for the purpose of existing or anticipated legal proceedings to which the Government of Manitoba or the public body is a party; (i) the information is collected for use in providing legal advice or legal services to the Government of Manitoba or the public body; (j) the information concerns (i) the history, release or supervision of an individual in the custody of or under the control or supervision of a correctional authority, or (ii) the security of a correctional institution; (k) the information is collected for the purpose of enforcing a support order under The Family Support Enforcement Act ; (l) the information is collected for the purpose of informing The Public Guardian and Trustee or the Commissioner for Adults Living with an Intellectual Disability about clients or potential clients; (m) the information is collected for the purpose of (i) determining the eligibility of an individual to participate in a program of or receive a benefit or service from the Government of Manitoba or the public body and is collected in the course of processing an application made by or on behalf of the individual the information is about, or (ii) verifying the eligibility of an individual who is participating in a program of or receiving a benefit or service from the Government of Manitoba or the public body; (n) the information is collected for the purpose of (i) determining the amount of or collecting a fine, debt, tax or payment owing to the Government of Manitoba or the public body, or an assignee of either of them, or (ii) making a payment; (o) the information is collected for the purpose of managing or administering personnel of the Government of Manitoba or the public body; (p) the information is collected for the purpose of auditing, monitoring or evaluating the activities of the Government of Manitoba or the public body; or (q) the information is collected for the purpose of determining suitability for an honour or award, including an honourary degree, scholarship, prize or bursary. Individual must be informed 37(2) A public body that collects personal information directly from the individual the information is about shall inform the individual of (a) the purpose for which the information is collected; (b) the legal authority for the collection; and (c) the title and contact information of an officer or employee of the public body who can answer the individual's questions about the collection. When notice not required 37(3) A public body need not comply with subsection (2) if it has recently provided the individual with the information referred to in that subsection about the collection of the same or similar personal information for the same or a related purpose. S.M. 2013, c. 46, s. 46 ; S.M. 2021, c. 43, s. 17 ; S.M. 2022, c. 15, Sch. B, s. 95 ; S.M. 2023, c. 19, s. 93 . ACCURACY OF INFORMATION Accuracy of personal information 38 If personal information about an individual will be used by a public body to make a decision that directly affects the individual, the public body shall take reasonable steps to ensure that the information is accurate and complete. CORRECTION OF INFORMATION Right to request correction 39(1) An individual who believes there is an error or omission in a record containing their own personal information may request the head of the public body that has the information in its custody or under its control to correct the record. Written request 39(2) A request must be in writing. Public body may disregard certain requests 39(2.1) The head of a public body may disregard a request for correction on any ground on which the head may disregard a request for access under section 13, and section 13 applies with necessary changes to the decision. Head's response 39(3) Within 30 days after receiving a request under subsection (1), the head of the public body shall (a) make the requested correction and notify the individual in writing of the correction; or (b) notify the individual in writing of the following: (i) the head's refusal to correct the record, (ii) the reason for the refusal, (iii) the individual's right to add a statement of disagreement to the record, (iv) the individual's right to make a complaint about the refusal under Part 5. Extended time limit 39(4) Subsection 15(1) applies with necessary modifications to the period set out in subsection (3). Statement of disagreement 39(4.1) The head of a public body who refuses to make a correction requested under this section must (a) permit the individual to file a concise statement of disagreement stating the correction requested and the reason for the correction; and (b) add the statement of disagreement to the record in such a manner that it will be read with and form part of the record or be adequately cross-referenced to it. No entitlement to file statement 39(4.2) Subsection (4.1) does not apply to a request that the head of a public body has disregarded under subsection (2.1). Notice to others 39(5) On correcting a record or adding a statement of disagreement to a record under this section, the head of the public body shall, where practicable, notify any other public body or third party to whom the information has been disclosed during the year before the correction was requested that the correction has been made or a statement of disagreement has been added. Correction required 39(6) On being notified under subsection (5) of a correction or statement of disagreement, a public body must make the correction or add the statement of disagreement to any record of that information in its custody or under its control. S.M. 2021, c. 43, s. 18 . RETENTION AND SECURITY OF INFORMATION Retention of personal information 40(1) A public body that uses personal information about an individual to make a decision that directly affects the individual shall, in the absence of another legal requirement to do so, establish and comply with a written policy concerning the retention of the personal information. Content of retention policy 40(2) A policy under subsection (1) must (a) require that personal information be retained for a reasonable period of time so that the individual the information is about has a reasonable opportunity to obtain access to it; and (b) comply with any additional requirements set out in the regulations. Protection of personal information 41 The head of a public body shall, in accordance with any requirements set out in the regulations, protect personal information by adopting reasonable administrative, technical and physical safeguards against such risks as unauthorized access, use, disclosure or destruction. S.M. 2021, c. 43, s. 20 . Definitions 41.1(1) The following definitions apply in this section. "privacy breach" means, in relation to personal information, (a) theft or loss; or (b) access, use, disclosure, destruction or alteration in contravention of this Act. (« atteinte à la vie privée ») "significant harm" includes, in relation to an individual, bodily harm, humiliation, damage to the individual's reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the individual's credit rating or report, and damage to or loss of the individual's property. (« préjudice grave ») Notifying individual of privacy breach 41.1(2) The head of a public body that has custody or control of personal information about an individual must notify the individual about a privacy breach relating to the information if, after considering the relevant factors prescribed by regulation, the breach could reasonably be expected to create a real risk of significant harm to the individual. Notice requirements 41.1(3) Notice to the individual must (a) be given as soon as practicable after the privacy breach becomes known to the head of the public body; (b) be given in the form and manner, and include the information, required by the regulations; and (c) be given directly to the individual except in circumstances set out in the regulations, in which case it may be given indirectly in the form and manner required by the regulations. Notifying Ombudsman 41.1(4) If the head of a public body is required to notify an individual about a privacy breach under subsection (2), the head must also notify the Ombudsman at the time and in the form and manner that the Ombudsman requires. S.M. 2021, c. 43, s. 21 . Disclosure of unauthorized activity to Ombudsman 41.2(1) An employee of a public body who believes in good faith that the public body is collecting, using, disclosing, retaining, concealing, altering or destroying personal information in contravention of this Act may notify the Ombudsman. Limitation 41.2(2) In notifying the Ombudsman, the employee must not disclose personal information unless the Ombudsman requests it. No offence 41.2(3) An employee is not liable to prosecution for an offence under this Act for disclosing personal information requested by the Ombudsman under subsection (2). Identity kept confidential 41.2(4) An employee who notifies the Ombudsman under subsection (1) may request that the Ombudsman keep the employee's identity confidential, in which case the Ombudsman must take reasonable steps to protect the identity of the employee. S.M. 2021, c. 43, s. 21 . DIVISION 3 RESTRICTIONS ON USE AND DISCLOSURE OF PERSONAL INFORMATION GENERAL DUTIES OF PUBLIC BODIES General duty of public bodies 42(1) A public body shall not use or disclose personal information except as authorized under this Division. Limit on amount of information used or disclosed 42(2) Every use and disclosure by a public body of personal information must be limited to the minimum amount of information necessary to accomplish the purpose for which it is used or disclosed. Limit on employees 42(3) A public body shall limit the use of personal information in its custody or under its control to those of its employees who need to know the information to carry out the purpose for which the information was collected or received or to carry out a purpose authorized under section 43. Application 42(4) Subsections (2) and (3) apply to the name of an applicant and to any other personal information concerning a request for access to a record. S.M. 2008, c. 40, s. 14 ; S.M. 2021, c. 43, s. 22 . RESTRICTIONS ON USE OF INFORMATION Use of personal information 43 A public body may use personal information only (a) for the purpose for which the information was collected or compiled under subsection 36(1) or for a use consistent with that purpose under section 45; (b) if the individual the information is about has consented to the use; or (c) for a purpose for which that information may be disclosed to the public body under section 44, 47 or 48. S.M. 2008, c. 40, s. 15 . RESTRICTIONS ON DISCLOSURE OF INFORMATION Disclosure of personal information 44(1) A public body may disclose personal information only (a) for the purpose for which the information was collected or compiled under subsection 36(1) or for a use consistent with that purpose under section 45; (b) if the individual the information is about has consented to its disclosure; (c) in accordance with Part 2; (d) for the purpose of complying with an enactment of Manitoba or Canada, or with a treaty, arrangement or agreement entered into under an enactment of Manitoba or Canada; (e) in accordance with an enactment of Manitoba or Canada that authorizes or requires the disclosure; (f) to a minister or an elected official of the public body, if the information is necessary to carry out his or her responsibilities; (f.1) to an officer or employee of a public body, for the purpose of delivering a common or integrated service, program or activity, if the information is necessary to deliver the service, program or activity and the officer or employee to whom the information is disclosed needs the information to carry out his or her responsibilities; (g) for the purpose of managing or administering personnel of the Government of Manitoba or the public body; (h) to the Auditor General or any other person or body for audit purposes; (i) to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services; (j) for the purpose of determining or verifying an individual's suitability or eligibility for a program, service or benefit; (j.1) for the purpose of (i) evaluating or monitoring a service, program or activity of the Government of Manitoba or the public body, or (ii) research and planning that relates to a service, program or activity of the Government of Manitoba or the public body; (k) for the purpose of enforcing a support order under The Family Support Enforcement Act ; (l) where necessary to protect the mental or physical health or the safety of any individual or group of individuals; (m) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information; (n) for use in providing legal advice or legal services to the Government of Manitoba or the public body; (o) for the purpose of enforcing a legal right that the Government of Manitoba or the public body has against any person; (p) for the purpose of (i) determining the amount of or collecting a fine, debt, tax or payment owing by an individual to the Government of Manitoba or to the public body, or to an assignee of either of them, or (ii) making a payment; (q) for use in existing or anticipated legal proceedings to which the Government of Manitoba or the public body is a party; (r) for law enforcement purposes or crime prevention; (s) if the public body is a law enforcement agency and the information is disclosed to (i) another law enforcement agency in Canada, or (ii) a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority; (t) for the purpose of supervising an individual in the custody of or under the control or supervision of a correctional authority; (u) where disclosure is necessary for the security of a correctional institution; (v) by transfer to the Archives of Manitoba or to the archives of the public body for records management or archival purposes; (w) to an officer of the Legislative Assembly, if the information is necessary for the performance of the duties of that officer; (x) to an expert for the purposes of clause 24(b); (x.1) if the personal information is information of a type routinely disclosed in a business or professional context, and the disclosure (i) is limited to the individual's name, position name or title, business address, telephone number, facsimile number and e-mail address, and (ii) does not reveal other personal information about the individual or personal information about another individual; (y) for the purpose of (i) contacting a relative or friend of an individual who is injured, incapacitated or ill, (ii) assisting in identifying a deceased individual, or (iii) informing the representative or a relative of a deceased individual, or any other person it is reasonable to inform in the circumstances, of the individual's death; (z) to a relative of a deceased individual or to an individual with whom the deceased shared a close personal relationship, if the head of the public body reasonably believes that disclosure is not an unreasonable invasion of the deceased's privacy; (aa) to an information manager in accordance with section 44.1; (bb) when the information is available to the public; (cc) in accordance with section 47 or 48; or (dd) if the public body is an educational institution and the disclosure is for the purpose of fundraising activities of the educational institution, but only if (i) the disclosure is of information in the alumni records of the educational institution and is reasonably necessary for the fundraising activities, and (ii) the educational institution and the persons to whom the information is disclosed have entered into a written agreement that complies with subsection (1.1). Fundraising agreement 44(1.1) An agreement between an educational institution and another person to permit disclosure of personal information under this section must (a) require that when individuals are first contacted for the purpose of soliciting funds and periodically afterwards, they are informed of their right to request that their personal information cease to be disclosed; (b) allow individuals, on request, a right of access to personal information that is disclosed about them under clause (1)⁠(dd); and (c) require that the person to whom the information is disclosed cease to use the personal information of any individual who so requests. 44(2) [Repealed] S.M. 2008, c. 40, s. 17 . S.M. 2001, c. 35, s. 38 ; S.M. 2001, c. 39, s. 31 ; S.M. 2008, c. 40, s. 16 and 17; S.M. 2021, c. 43, s. 23 ; S.M. 2022, c. 15, Sch. B, s. 95 . Public body may provide information to an information manager 44.1(1) A public body may provide personal information to an information manager for the purpose of processing, storing or destroying it or providing the public body with information management or information technology services. Restrictions on use 44.1(2) An information manager may use personal information provided to it under this section only for the purposes and activities mentioned in subsection (1), which must be purposes and activities that the public body itself may undertake. Agreement required 44.1(3) A public body that wishes to provide personal information to an information manager under this section must enter into a written agreement with the information manager that provides for the protection of the personal information against such risks as unauthorized access, use, disclosure, destruction or alteration, in accordance with the regulations. Information manager shall comply with Act 44.1(4) An information manager shall comply with (a) the same requirements concerning the protection of personal information that the public body is required to comply with under this Act; and (b) the duties imposed on the information manager under the agreement entered into under subsection (3). Information deemed to be maintained by the public body 44.1(5) Personal information that has been provided to an information manager under an agreement described in subsection (3) is deemed to be in the custody and control of the public body for the purposes of this Act. S.M. 2008, c. 40, s. 17 . Consistent purposes 45 For the purpose of clauses 43(a) and 44(1)⁠(a), a use or disclosure of personal information is consistent with the purpose for which the information was collected or compiled if the use or disclosure (a) has a reasonable and direct connection to that purpose; and (b) is necessary for performing the statutory duties of, or for delivering an authorized service or program or carrying out an activity of, the public body that uses or discloses the information. S.M. 2008, c. 40, s. 18 . 46 [Repealed] S.M. 2008, c. 40, s. 19 . Disclosure for research purposes 47(1) A public body may disclose personal information for a research purpose only in accordance with this section. 47(2) and (3) [Repealed] S.M. 2008, c. 40, s. 20 . Conditions of disclosure 47(4) The head of the public body may disclose personal information for a research purpose only if (a) [repealed] S.M. 2008, c. 40, s. 20 ; (b) the head is satisfied that (i) the personal information is requested for a bona fide research purpose, (ii) the research purpose cannot reasonably be accomplished unless the personal information is provided in a form that identifies individuals, (iii) it is unreasonable or impractical for the person proposing the research to obtain consent from the individuals the personal information is about, and (iv) disclosure of the personal information, and any information linkage, is not likely to harm the individuals the information is about and the benefits to be derived from the research and any information linkage are clearly in the public interest; (c) the head of the public body has approved conditions relating to (i) the protection of the personal information, including use, security and confidentiality, (ii) the removal or destruction of individual identifiers at the earliest reasonable time, and (iii) the prohibition of any subsequent use or disclosure of the personal information in a form that identifies individuals without the express written authorization of the public body; and (d) the person to whom the personal information is disclosed has entered into a written agreement to comply with the approved conditions. S.M. 2008, c. 40, s. 20 . Disclosure of records more than 100 years old 48 The head of a public body or the archives of a public body may disclose personal information in a record that is more than 100 years old. PART 4 POWERS AND DUTIES OF THE OMBUDSMAN General powers and duties 49 In addition to the Ombudsman's powers and duties under Part 5 respecting complaints, the Ombudsman may (a) conduct investigations and audits and make recommendations to monitor and ensure compliance (i) with this Act and the regulations, and (ii) with requirements respecting the security and destruction of records set out in any other enactment or in a by-law or other legal instrument by which a local public body acts; (b) inform the public about this Act; (c) receive comments from the public about the administration of this Act; (d) comment on the implications for access to information or for protection of privacy of proposed legislative schemes or programs of public bodies; (e) comment on the implications for protection of privacy of (i) using or disclosing personal information for record linkage, or (ii) using information technology in the collection, storage, use or transfer of personal information; (f) bring to the attention of the head of a public body any failure to fulfil the duty to assist applicants; (g) recommend to a public body, after giving the head an opportunity to make representations, that the public body (i) cease or modify a specified practice of collecting, using or disclosing information that contravenes this Act, or (ii) destroy a collection of personal information that was not collected in accordance with this Act; (h) make recommendations to the head of a public body or the responsible minister about the administration of this Act; (i) consult with any person with experience or expertise in any matter related to the purposes of this Act; (j) engage in or commission research into anything affecting the achievement of the purposes of this Act; and (k) exchange information with a person who, in respect of Canada or another province or territory, has duties and powers similar to those of the Ombudsman under this Act or under The Personal Health Information Act , and enter into information sharing and other agreements with such a person for the purpose of co-ordinating activities and handling complaints involving the jurisdictions. S.M. 2021, c. 43, s. 24 . Evidence Act powers 50(1) The Ombudsman has all the powers and protections of a commissioner under Part V of The Manitoba Evidence Act when conducting an investigation or audit under this Act. Production of records 50(2) The Ombudsman may require any record in the custody or under the control of a public body that the Ombudsman considers relevant to an investigation or audit to be produced to the Ombudsman and may examine any information in a record, including personal information. Records to be produced within 14 days 50(3) A public body shall produce to the Ombudsman within 14 days any record or a copy of a record required under this section, despite any other enactment or any privilege of the law of evidence. Examination of record on site 50(4) If a public body is required to produce a record under this section and it is not practicable to make a copy of it, the head of the public body may require the Ombudsman to examine the original at its site. S.M. 2021, c. 43, s. 25 . Right of entry 51 Despite any other enactment or any privilege of the law of evidence, in exercising powers or performing duties under this Act, the Ombudsman has the right (a) to enter any office of a public body and examine and make copies of any record in the custody of the public body; and (b) to converse in private with any officer or employee of a public body. Investigation or audit in private 52 The Ombudsman shall conduct every investigation or audit in private. S.M. 2021, c. 43, s. 26 . Statements and reports not admissible in evidence 53(1) A statement made or an answer given by a person during an investigation or audit by the Ombudsman, and a report or recommendation of the Ombudsman, is inadmissible in evidence in a court or in any other proceeding, except (a) in a prosecution for perjury in respect of sworn testimony; (b) in a prosecution for an offence under this Act; (c) in a review conducted by the adjudicator under this Act when the Ombudsman is a party; or (d) in an application for judicial review of an adjudicator's order under this Act. Not compellable as witness 53(2) The Ombudsman, and anyone acting for or under the direction of the Ombudsman, shall not be required to give evidence in a court or in any other proceeding about information that comes to the knowledge of the Ombudsman in performing duties or exercising powers under this Act. S.M. 2008, c. 40, s. 21 ; S.M. 2021, c. 43, s. 27 . Privilege 54 Anything said, any information supplied, and any record produced by a person during an investigation or audit by the Ombudsman under this Act is privileged in the same manner as if it were said, supplied or produced in a proceeding in a court. S.M. 2011, c. 35, s. 16 ; S.M. 2021, c. 43, s. 28 . Ombudsman restricted as to disclosure of information 55(1) The Ombudsman, and anyone acting for or under the direction of the Ombudsman, shall not disclose information obtained in performing duties or exercising powers under this Act, except as provided in subsections (2) to (5). When disclosure permitted 55(2) The Ombudsman may disclose, or may authorize anyone acting for or under the direction of the Ombudsman to disclose, information that is necessary to (a) perform a duty or exercise a power of the Ombudsman under this Act; or (b) establish the grounds for findings and recommendations contained in a report under this Act. Reasonable precautions to avoid disclosure 55(3) In conducting an investigation and in performing any other duty or exercising any power under this Act, the Ombudsman, and anyone acting for or under the direction of the Ombudsman, shall take every reasonable precaution to avoid disclosing and shall not disclose (a) any information the head of a public body is authorized or required to refuse to disclose under Part 2; or (b) whether information exists, if the head of a public body is authorized to refuse to confirm or deny that the information exists under subsection 12(2). Disclosure to prevent risk of harm 55(3.1) The Ombudsman may disclose information to any person if the Ombudsman reasonably believes that the disclosure is necessary to prevent or lessen a risk of serious harm to the health or safety of the individual the information is about or to another individual. Information about offences 55(4) The Ombudsman may disclose to the Minister of Justice and Attorney General information relating to the commission of an offence under this or any other enactment of Manitoba or Canada if the Ombudsman considers there is reason to believe an offence has been committed. Information relating to a prosecution or appeal 55(5) The Ombudsman may disclose, or may authorize anyone acting for or under the direction of the Ombudsman to disclose, information for a purpose mentioned in clauses 53(1)⁠(a) to (d). S.M. 2008, c. 40, s. 22 ; S.M. 2021, c. 43, s. 29 . Delegation 56 The Ombudsman may delegate to any person on his or her staff any duty or power under this Act. Protection from liability 57 No proceedings lie against the Ombudsman, or against any person acting for or under the direction of the Ombudsman, for anything done, reported or said in good faith in the exercise or performance or the intended exercise or performance of a duty or power under this Act. Annual report 58(1) The Ombudsman shall make an annual report to the Legislative Assembly on (a) the work of the Ombudsman's office in relation to this Act; (b) the Ombudsman's recommendations and whether public bodies have complied with the recommendations; (c) any complaints or investigations resulting from a decision, act or failure to act; and (d) any other matters about access to information and protection of privacy that the Ombudsman considers appropriate. Report to be laid before Legislative Assembly 58(2) The report shall be given to the Speaker who shall lay it before the Legislative Assembly if it is in session and if it is not in session, then within 15 days after the beginning of the next session. Special report 58(3) In the public interest, the Ombudsman may publish a special report relating to any matter within the scope of the powers and duties of the Ombudsman under this Act, including a report referring to and commenting on any particular matter investigated by the Ombudsman. PART 4.1 INFORMATION AND PRIVACY ADJUDICATOR Appointment of Information and Privacy Adjudicator 58.1(1) A person shall be appointed as the Information and Privacy Adjudicator by resolution of the Assembly. Committee recommendation required 58.1(1.0.1) A person may be appointed as the adjudicator only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs. Officer of the Assembly 58.1(1.0.2) The adjudicator is an officer of the Assembly. Appointment process 58.1(1.1) If at any time the office of adjudicator (a) will become vacant within six months because the term of office is scheduled to expire or the adjudicator has resigned; or (b) has become vacant for any other reason; the President of the Executive Council must, within one month after that time, convene a meeting of the Standing Committee on Legislative Affairs and the Standing Committee must, within six months after that time, consider candidates for the office and make a recommendation to the Assembly. Remuneration 58.1(1.2) The salary and benefits of the adjudicator are to be determined by the Legislative Assembly Management Commission. No reduction of salary 58.1(1.3) The salary of the adjudicator must not be reduced except by a resolution of the Assembly carried by a vote of 2/3 of the members voting. Role of adjudicator 58.1(2) The adjudicator's role is to review — at the request of the Ombudsman under section 66.1 — a decision, act or failure to act of the head of a public body. S.M. 2008, c. 40, s. 23 ; S.M. 2015, c. 14, s. 4 ; S.M. 2017, c. 26, s. 36 ; S.M. 2022, c. 20, s. 4 . Suspension or removal 58.2(1) The adjudicator may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. Suspension if Assembly not sitting 58.2(2) If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the adjudicator for cause. Length of suspension 58.2(3) A suspension under subsection (2) ends no later than 30 sitting days of the Assembly after the suspension came into effect. S.M. 2008, c. 40, s. 23 ; S.M. 2022, c. 20, s. 4 . Deputy adjudicator 58.3(1) On the recommendation of the adjudicator and with the prior approval of the Legislative Assembly Management Commission, a deputy adjudicator may be appointed under section 58 of The Public Service Act . Powers and duties 58.3(1.1) If the adjudicator is absent or unable to act or if the office is vacant, the deputy adjudicator has the powers and duties of the adjudicator. Salary in certain cases 58.3(1.2) If the deputy adjudicator has assumed the adjudicator's powers and duties for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the deputy be paid a salary within the same range as the adjudicator's salary. S.M. 2008, c. 40, s. 23 ; S.M. 2021, c. 11, s. 89 ; S.M. 2022, c. 20, s. 4 . Adjudicator to take precautions against disclosing 58.4 The adjudicator shall take every reasonable precaution, including receiving representations ex parte, conducting hearings in private and examining records in private, to avoid disclosure (a) of any information the head of a public body is authorized or required to refuse to disclose under Part 2; or (b) as to whether information exists, if the head of a public body is authorized to refuse to confirm or deny that the information exists under subsection 12(2). S.M. 2008, c. 40, s. 23 . Statements made to adjudicator not admissible in evidence 58.5(1) A statement made or an answer given by a person during a review by the adjudicator is inadmissible in evidence in court or in any other proceeding, except (a) in a prosecution for perjury in respect of sworn testimony; (b) in a prosecution for an offence under this Act; or (c) in an application for judicial review or an appeal from a decision with respect to that application. Evidence of proceeding before adjudicator 58.5(2) Subsection (1) applies also in respect of evidence of the existence of proceedings conducted before the adjudicator. S.M. 2008, c. 40, s. 23 .