If you remain dissatisfied with the response of the public
body to your request for access to information, you have the right to appeal to the
Manitoba Court of Queen’s Bench. An appeal may be made only after you have made a
complaint to the Ombudsman and the Ombudsman has issued a report.
A third party may also appeal a decision of a public
body to disclose business information or information which would unreasonably invade the
privacy of the third party. The third party must also have complained to the Ombudsman and
received a report.
Generally, an appeal must be filed with Court of Queen’s
Bench within 30 days of receiving the Ombudsman’s report, or within 30 days of
receiving a notice from the Ombudsman about the public body’s response to the report.
The Court may dismiss an appeal if it determines the public
body was authorized, or required, to refuse access to a record. If the Court determines
that the public body was not authorized, or required, to refuse access, it may order the
release of some or all of the information.
If the Court finds that a record, or part of a record, falls
within an exception to disclosure, the Court can not order the public body to give the
applicant access to that record, or part of it, regardless of whether the exception
requires, or merely authorizes, the head to refuse access. For example, where the record
falls within a discretionary exception to disclosure and the public body has properly
exercised its discretion to refuse access, the Court cannot order disclosure of that
record.
A decision of the Court of Queen’s Bench is final and
binding.
There is no appeal to court under FIPPA respecting a
compliant about the collection, use or disclosure of personal information by a public
body.