Dec 28, 2011

Manitoba Ombudsman has released an investigation report under The Freedom of Information and Protection of Privacy Act (FIPPA) where recommendations were made to Manitoba Water Stewardship. In cases where the Ombudsman has made recommendations, both The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act require, as of 2011, that recommendations be made available to the public.

In this case, a complainant requested records related to the establishment and operation of the Fairford Water Control Structure and/or the Assiniboine Diversion from the 1960s to present and records respecting the flooding of Lake St. Martin. Manitoba Water Stewardship did not respond to the request, and as a result, a complaint was made to the Ombudsman. 

The Ombudsman found that Manitoba Water Stewardship failed to respond within the time period required under FIPPA. The Ombudsman also found that the department failed in its duty to assist an applicant by not responding openly, completely and without delay. Three recommendations were made to the department, all of which were accepted. The department later advised that access to the information would be provided through a research agreement, signed by both the complainant and the department.

Investigation reports with recommendations posted on the Ombudsman's website contain the original report with the Ombudsman's recommendations and a summary of the public body's response to the recommendations.