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FIPPA FAQ
- What is the role of the ombudsman?
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The responsibilities of the ombudsman under FIPPA include the investigation of complaints respecting access to information and protection of personal information; investigating, auditing, and monitoring compliance with the acts; and promoting public awareness of FIPPA.
- How do I make a complaint to the ombudsman?
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For matters relating to FIPPA, complaints to the ombudsman must be made on the prescribed complaint form. Please see "Contact us" for our mailing address or fax number.
- What will happen when I make a complaint to the ombudsman?
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Upon receiving a complaint under FIPPA, the ombudsman makes initial contact with the complainant and with the public body involved. During an investigation, the ombudsman reviews the complaint in relation to the provisions of FIPPA, considers the relevance of other legislation, examines any records relating to the complaint and speaks with employees of the public body.
If the matter cannot be resolved informally, the ombudsman may issue recommendations to the public body. The ombudsman will provide a report to the complainant and the public body containing findings about the complaint and any recommendations the ombudsman considers appropriate respecting the complaint.
- What happens if the ombudsman makes recommendations?
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If the report contains recommendations, the head of the public body must send the ombudsman a written response within 15 days after receiving the report. The response must indicate whether the recommendations have been accepted and describe any action taken or proposed to implement them, or, the reasons why the head refuses to take actions to implement them.
- What happens if the public body doesn't follow the recommendations?
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The ombudsman may request that the information and privacy adjudicator conduct a review into the matter if the recommendations are not followed. The adjudicator is an independent officer of the Manitoba Legislature, separate from the ombudsman's office and the public body.
A request for a review can only be made by the ombudsman, and not by the public body or complainant. Upon completing a review, the adjudicator makes an order, a copy of which is provided to the complainant, the public body and the ombudsman.
- What if I'm not satisfied by the ombudsman's findings?
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If you have been refused access to a record or part of a record, you may appeal the decision to the Manitoba Court of Queen's Bench. You also may appeal to the court if you have been notified of a public body's decision to disclose your personal information to somebody else. However, you can only appeal to the court after making a complaint to the ombudsman and the ombudsman has reported on the complaint.
There is no appeal to the court respecting a public body's collection, use or disclosure of personal information under FIPPA.
- What else does the ombudsman do with respect to access and privacy?
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The ombudsman has a variety of other general powers and duties under FIPPA. These include promoting public awareness of the act; investigating, auditing, and monitoring compliance with the act; commenting on the access or privacy implications of proposed legislation or programs of public bodies; and conducting research on matters relating to access or privacy. A full list of general powers and duties can be found in section 49 of FIPPA.
- How can I contact the ombudsman?
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We have two offices in Manitoba, one in Winnipeg and a regional office in Brandon:
750-500 Portage Avenue
Winnipeg, Manitoba
R3C 3X1
(204) 982-9130
1-800-665-0531 (toll-free)202 Scotia Towers
1011 Rosser Avenue
Brandon, Manitoba
R7A OL5
(204) 571-5151
1-888-543-8230 (toll free)You can also reach us by email at ombudsman@ombudsman.mb.ca.
For inquiries relating to FIPPA or PHIA, please contact our Winnipeg office.
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