Investigation Report: FIPPA Refused Access – Manitoba Hydro

2019-01-14

Summary

Provisions considered: 9, 12(1)(c)(i), 32(1). 

An individual requested access to Manitoba Hydro’s mandate letters for 2017/18 and 2018/19. Manitoba Hydro identified a letter, but concluded that because it was a draft, it was not in its custody or control for the purposes of FIPPA and refused access to the letter. Our office determined that Manitoba Hydro had mistakenly identified a draft framework letter as the responsive record; however, the basis for refusal still applied as the mandate letter requested by the individual did not exist. As the initial response from Manitoba Hydro was based on a mistaken identification of the responsive record, our office partly supported the complaint.

Case 2018-0302