Mar 11, 2015

Manitoba Ombudsman has posted its report with a recommendation regarding the City of Winnipeg’s response to an application made under The Freedom of Information and Protection of Privacy Act (FIPPA). The application was for information about renovations to the Public Safety Building and Canada Post building. The ombudsman’s report includes the City of Winnipeg’s response to the recommendation.

“This file highlights a couple of important issues on which my office continues to take a clear and firm position,” said Acting Manitoba Ombudsman Mel Holley. “Before responding to an access application, a public body is required to conduct a reasonable and diligent search for responsive records. Public bodies cannot apply exceptions without first having located and conducted line-by-line review of the records. When exercising discretion to refuse access, that discretion should not be fettered by extraneous considerations or pre-judgments.”

The City of Winnipeg responded to the access application by refusing access in full, relying on an exception in FIPPA that allows a public body to refuse access if releasing the information could be expected to reveal advice, opinions, proposals, recommendations, analyses or policy options developed by or for a public body. The ombudsman found that the city had issued a decision regarding access without conducting a search for records or reviewing records identified as responsive and that the city failed in its duty to assist. During the course of our investigation, responsive records were located and provided for our review. The ombudsman found that the city was correct in identifying the appropriate exception to access to be applied in this case, but that the city did not exercise its discretion in a reasonable fashion. Based on our findings, the ombudsman recommended that the city revisit its exercise of discretion in deciding to withhold rather than to give access and re-issue its decision concerning access to information.

The city accepted the ombudsman’s recommendation, requesting additional time to comply with the recommendation. The city granted access in part to the information requested.

Read the full report (Case 2014-0099) at:

https://www.ombudsman.mb.ca/uploads/document/files/case-2014-0099-en.pdf