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The Ombudsman ActThe Ombudsman Act In A Nutshell
Since 1970, the Manitoba Ombudsman has derived duties and powers from The Ombudsman Act that enable the investigation of complaints about the administration by provincial government departments and agencies where a person alleges he or she has been aggrieved. As of 1997, The Ombudsman Act applied to all municipalities with the exception of the City of Winnipeg. In 2003, the Act came to apply to the City of Winnipeg.The Ombudsman also has powers of investigation concerning the access to and protection of personal or personal health information under The Freedom of Information and Protection of Privacy Act (FIPPA) and The Personal Health Information Act (PHIA). Where, for reason of jurisdiction, an access or privacy complaint does not fall under one of the access and privacy statutes but otherwise falls under the jurisdiction of The Ombudsman Act, our office may review the matter under that Act. Situations giving rise to our use of The Ombudsman Act in access and privacy matters have included instances where the complainant, the entity complained about or the records in question do not come within the access and privacy legislation.
Ombudsman Manitoba: An Independent Oversight Office
As with Manitoba's access and privacy legislation, the Ombudsman under The Ombudsman Act receives complaints and can commence investigations on his own initiative. Similarly, the Ombudsman acts independently and has broad powers to investigate, report publicly and make recommendations where a complaint is supported and informal resolution is not successful. Decisions of the Ombudsman under The Ombudsman Act, unlike those under the access and privacy legislation, cannot be appealed to Court.
Summaries Of Selected Cases
As of June 2003, we have placed summaries of selected access and privacy cases on line. New postings of case summaries for our web site will be considered by our office regularly and additional cases will be placed on line periodically. Previously, selected case summaries relating to FIPPA, PHIA and access and privacy cases reviewed under The Ombudsman Act were published in the Ombudsman’s Annual Report on Access and Privacy for the years 1998, 1999 and 2000.When you click on the “Access” and “Privacy” headings, you will find a list of case summaries. Each has a case file number, descriptive title and an indication of the general issue and the entity involved.
The case summaries are listed in reverse chronological order, with the most recent case summary additions to the web site at the top. Under the subheading “Previously Published Access/Privacy Case Summaries from the 1998, 1999 and 2000 Annual Reports” are items that were featured in the Ombudsman’s Annual Reports for these years. This listing is revealed with a click on that subheading. Whether the subject case summary is a new addition to our web site or a link to one of our on-line annual reports, a click on the case file numbers will take you to the text you are seeking.
The cases are reported under:
Previously Published Access Case Summaries From The 1998, 1999 and 2000 Annual Reports
Previously Published Privacy Case Summaries From The 1998, 1999 and 2000 Annual Reports
