Investigation Report: FIPPA Refused Access – Winnipeg Regional Health Authority

2020-12-18

Summary

Provisions considered: 18(1)(b), 18(3) and 18(4)(a). 

The Winnipeg Regional Health Authority (WRHA) received a request for personal care home standards inspection reports for a five-year period. The WRHA refused access to seven reports on the basis that disclosure would harm the business interests of third parties. The ombudsman found that this FIPPA exception did not apply because the reports would not reveal commercial information supplied by a third party on a confidential basis and treated consistently as confidential by the third party. We provided our analysis and conclusion to the WRHA to review and consider. Manitoba Health, Seniors and Active Living decided to publicly post personal care home standards inspection reports online by proactive disclosure, and the WRHA revised its decision and released copies of the seven reports to the complainant on the basis that these reports will be publicly available within 90 days. As we found that the personal care home standards inspection reports were not subject to the exception cited by the WRHA, the complaint is supported. Given that the WRHA has released the remaining reports in full to the complainant as these reports will be made publicly available, no further action is required.

Case 2020-0645