1. Acknowledgement of Request Received

This sample can be used to prepare a letter to the applicant to acknowledge receipt of their request for access.

• If the request has been clarified or revised, part of the “Confirmation of Request as Clarified” letter or “Confirmation of Revised Request as Discussed” letter can be combined with this “Acknowledgement of Request Received” letter.

2. Request for Additional Information to Process Request [s. 12.1]

This sample can be used to request additional information from the applicant under s. 12.1.

3. Additional Information Received [s. 12.1]

This sample can be used when an applicant responds to a request for additional information under s. 12.1.

4. Abandoned Request – No Additional Information Provided [s. 12.1(5)]

This sample can be used when determining a request for access to be abandoned because the applicant did not provide additional information within 30 days, in accordance with s. 12.1.

5. Confirmation of Revised Request as Discussed [s. 9]

This sample can be used when contact has been made with the applicant to discuss their request for access and the result of the discussion is a revision of the request.

6. Notice of Transfer of Request to Another Public Body [s. 16]

This sample can be used to notify an applicant that their request for access has been transferred to another public body. The transfer must take place within 10 days after the request is received.

7. Information Available to the Public [s. 6.1]

This sample can be used to notify an applicant that submitting a request for access is not necessary for information that is available to the public.

1. Notice of Extension of Time Limit – Large Number of Records [s. 15(1)(b)(i)]

This sample can be used to notify an applicant that the time period for responding to the request for access is being extended due to the large number of records that are requested or that must be searched making it unreasonable to respond within 45 days.

2. Notice of Extension of Time Limit –Number of Requests by Applicant [s. 15(1)(b)(ii)]

This sample can be used to notify an applicant that the time period for responding to the request for access is being extended due to the number of requests made by the applicant, making responding to the request within 45 days unreasonable.

3. Notice of Extension of Time Limit –Number of Requests by Applicants Who Are Associated [s. 15(1)(b)(ii)]

Contact FIPPA@gov.mb.ca for sample letter.

4. Notice of Extension of Time Limit –Consultations [s. 15(1)(c)]

This sample can be used to notify an applicant that the time period for responding to the request for access is being extended because time is needed to consult with a third party, another public body or legal counsel before deciding whether or not to grant access to a record.

5. Notice of Extension of Time Limit – Third Party Complaint [s. 15(1)(d)]

Contact FIPPA@gov.mb.ca for sample letter.

6. Notice of Extension of Time Limit –Applicant Consent [s. 15(1)(e)]

This sample can be used to confirm that an applicant has consented to an extension to the time period for responding to the request for access.

7. Notice of Extension of Time Limit –Exceptional Circumstances [s. 15(1)(f)]

This sample can be used to notify an applicant that the time period for responding to the request for access is being extended due to an exceptional circumstance that prevents the public body from being able to respond within the 45-day time period.

1. Fee Estimate [s. 82]

This sample can be used to provide an applicant with an Estimate of Costs form.

2. Fee Estimate Modified

Contact FIPPA@gov.mb.ca for sample letter.

3. Confirmation of Fees Received

This sample can be used to confirm that payment was received in response to an Estimate of Costs and that the public body will continue to process the request for access.

4. Abandoned Request – No Payment of Fees [s. 82(7)]

This sample can be used to provide notice to an applicant that their request for access has been considered as abandoned because no fee was paid within 30 days of providing the Estimate of Costs form to the applicant.

5. Fee Waiver Request Granted [s. 9(2) of Regulation]

This sample can be used to provide notice to an applicant of the decision to waive all of the fees assessed.

6. Fee Waiver Request Partially Granted [s. 9(2) of Regulation]

This sample can be used to provide notice to an applicant of the decision to waive part of the fees assessed.

7. Fee Waiver Request Denied [s. 9(2) of Regulation]

This sample can be used to provide notice to an applicant of the decision to refuse a request for a fee waiver.

1. Access Granted in Full [s. 12(1); s. 14(1)]

This sample can be used to respond to a request for access when the decision is to grant access in full to the requested records.

2. Access Granted in Part [s. 12(1); s. 14(1)]

This sample can be used to respond to a request for access when the decision is to grant access in part to the requested records.

3. Access Refused [s. 12(1)]

This sample can be used to respond to a request for access when the decision is to refuse access to the requested records when citing exceptions to disclosure.

4. Access Refused – Records Do Not Exist [s. 12(1)]

This sample can be used to respond to a request for access when the decision is to refuse access to the requested records because they do not exist.

5. Access Refused – Records Cannot be Located [s. 12(1)]

This sample can be used to respond to a request for access when the decision is to refuse access to the requested records because they cannot be located.

6. Refusal to Confirm or Deny the Existence of a Record [s. 12(2)]

This sample can be used to respond to a request for access when the decision is to refuse to confirm or deny the existence of the requested records.

7. Notice that Information has become Publicly Available [s. 32(2)(a)]

This sample can be used to notify an applicant that requested information that was previously refused under s. 32(1) has been made available to the public.

8. Notice that Request will be Reconsidered [s. 32(2)(b)]

This sample can be used to notify an applicant that their request for access must be reconsidered because the information to which access was previously refused under s. 32(1) was not made available to the public within 60 days.

The Third Party Intervention Process outlined in sections 33 and 34 are only required when the head of a public body is considering giving access to records that contain:

• personal information that may result in an unreasonable invasion of a third party's privacy under section 17; or
• a third party's business-related information that may affect their own business interests under section 18.

Important to Note:

• The definition of “third party” in section 1 of FIPPA is “a person, group of persons or an organization other than the applicant or a public body.”
• The third party intervention process can take up to 30 days to complete. If the process cannot be completed within the 45-day response time limit required by subsection 11(1), an extension will be required under subsection 15(1). The applicant must be notified about an extension to the response time limit. Therefore, if necessary, relevant portions of the sample letters under B) REQUESTS FOR ACCESS - EXTENDING RESPONSE TIME LIMIT can be incorporated into the suitable letters to the applicant below.

Letter to Third Party

Letter to Applicant

Notes

Giving Notice that Access is Being Considered when s. 17 might apply

1. Notice to Third Party – Privacy Interests may be Affected [s. 33(1)(a); s. 33(3)]

2. Notice to Applicant – Privacy Interests may be Affected[s. 33(4)]

These are samples of letters that must be provided when considering giving access to the personal information of a third party but the disclosure might result in an unreasonable invasion of the third party's privacy under s. 17.

After notice in the above letters is given, the third party has 20 days to respond. The head of the public body cannot make an access decision until after a response (with consent or representations) has been received from the third party or after the 20 days has passed (even if no response was received from the third party).

The head of public body must make their access decision by the 30^th day after the above notice is given, unless the time limit is extended under s. 15(1).

The sample access decision letters 3-12 below were developed to assist with ensuring to communicate decisions and other information as required under s. 34 of FIPPA. However, as explained further in the “Notes” column, it is very important to customize the letters in accordance with the circumstances of every unique situation .

Because the time frame in which a third party may make a complaint to the Manitoba Ombudsman about a decision to grant full or partial access starts after the notice is given to them, sending the access decision letters to the third party and the applicant on the same day is recommended.

Letter to Third Party

Letter to Applicant

Notes

Giving Notice of Access Decision when Third Party Consents

3. Access in Full with Consent - Third Party [s. 34(2)]

4. Access in Full with Consent - Applicant [s. 34(2); s. 34(3.1)]

These sample letters are based on the fact that a third party was given the opportunity to make representations on their personal information within requested records.

However, there are multiple variations in terms of what a third party may be asked to make representations about. For example, a complete set of requested records may entirely consist of the third party's personal information in which case the third party would be given opportunity to make representations on the full set of records and not just personal information within all or some of the requested records.

Furthermore, there are multiple variations for a third party's consent or representations and the public body's decision about the representations. For example, a third party may consent to some of their business-related information being disclosed but not others or a public body may agree with representations about some personal business-related information but not others.

When drafting response letters, it's important to be mindful of these variables and to customize each letter in accordance with its unique set of circumstances.

Giving Notice of Access Decision when Third Party Objects

5. PB Agrees Access Refused - Third Party [s. 34(2); s. 34(5)]

6. PB Agrees Access Refused – Applicant [s. 34(2); s. 34(5)]

7. PB Disagrees Access in Part - Third Party [s. 34(2), s. 34(4), s. 34(5)]

8. PB Disagrees Access in Part – Applicant [s. 34(2), s. 34(4), s. 34(5)]

9. PB Disagrees Access in Full - Third Party [s. 34(2), s. 34(4)]

10. PB Disagrees Access in Full – Applicant [s. 34(2), s. 34(4)]

Giving Notice of Access Decision when Third Party does not Respond

11. No Response Access in Full – Third Party [s. 34(2), s. 34(4)]

12. No Response Access in Full – Applicant [s. 34(2), s. 34(4)]

When the decision is made to grant access in full or in part, please note the following.

• When the third party agrees to the disclosure, the applicant should be given access to the records without delay in accordance with subsection 34(3.1).
• When the third party objects to the disclosure, the applicant should not be given access to the records until after the 21-day period that the third party is given to make a complaint about the access decision to the Manitoba Ombudsman and no complaint has been made. If, after the 21-day period, neither the third party nor the ombudsman's office has contacted you to advise that a complaint has been made, it is recommended to follow-up with the ombudsman's office to confirm that no complaint was received. This allows you to feel confident that access to the records can be given to the applicant.
• If the third party does make a complaint about the access decision to the Manitoba Ombudsman, the ombudsman's office will notify the applicant. Access to the records can only be provided after the ombudsman's investigation into the complaint has been completed with their finding that the third party's complaint is not supported.

The Third Party Intervention Process outlined in sections 33 and 34 are only required when the head of a public body is considering giving access to records that contain:

• personal information that may result in an unreasonable invasion of a third party's privacy under section 17; or
• a third party's business-related information that may affect their own business interests under section 18.

Important to Note:

• The definition of “third party” in section 1 of FIPPA is “a person, group of persons or an organization other than the applicant or a public body.”
• The third party intervention process can take up to 30 days to complete. If the process cannot be completed within the 45-day response time limit required by subsection 11(1), an extension will be required under subsecton 15(1). The applicant must be notified about an extension to the response time limit. Therefore, relevant portions of the sample letters under B) REQUESTS FOR ACCESS - EXTENDING RESPONSE TIME LIMIT can be incorporated into the suitable letters to the applicant below.

Letter to Third Party

Letter to Applicant

Notes

Giving Notice that Access is Being Considered when s. 18 might apply

1. Notice to Third Party – Business Interests may be Affected [s. 33(1)(b); s. 33(3)]

2. Notice to Applicant – Business Interests may be Affected [s. 33(4)]

These are samples of letters that must be provided when considering giving access to business-related information of a third party but the disclosure might affect the business interests of the third party under s. 18.

After notice in the above letters is given, the third party has 20 days to respond. The head of the public body cannot make an access decision until after a response (with consent or representations) has been received from the third party or after the 20 days has passed (even if no response was received from the third party).

The head of public body must make their access decision by the 30^th day after the above notice is given, unless the time limit is extended under s. 15(1).

The sample access decision letters 3-12 below were developed to assist with ensuring to communicate decisions and other information as required under s. 34 of FIPPA. However, as explained further in the “Notes” column, it is very important to customize the letters in accordance with the circumstances of every unique situation .

Because the time frame in which a third party may make a complaint to the Manitoba Ombudsman about a decision to grant full or partial access starts after the notice is given to them, sending the access decision letters to the third party and the applicant on the same day is recommended.

Letter to Third Party

Letter to Applicant

Notes

Giving Notice of Access Decision when Third Party Consents

3. Access in Full with Consent - Third Party [s. 34(2)]

4. Access in Full with Consent - Applicant [s. 34(2); s. 34(3.1)]

These sample letters are based on the fact that a third party was given the opportunity to make representations on their business-related information within requested records.

However, there are multiple variations in terms of what a third party may be asked to make representations about. For example, a complete set of requested records may entirely consist of the third party's business-related information in which case the third party would be given opportunity to make representations on the full set of records and not just the business-related information within all or some of the requested records.

Furthermore, there are multiple variations for a third party's consent or representations and the public body's decision about the representations. For example, a third party may consent to some of their business-related information being disclosed but not others or a public body may agree with representations about some personal business-related information but not others.

When drafting response letters, it's important to be mindful of these variables and to customize each letter in accordance with its unique set of circumstances.

Giving Notice of Access Decision when Third Party Objects

5. PB Agrees Access Refused - Third Party [s. 34(2); s. 34(5)]

6. PB Agrees Access Refused – Applicant [s. 34(2); s. 34(5)]

7. PB Disagrees Access in Part - Third Party [s. 34(2), s. 34(4), s. 34(5)]

8. PB Disagrees Access in Part – Applicant [s. 34(2), s. 34(4), s. 34(5)]

9. PB Disagrees Access in Full - Third Party [s. 34(2), s. 34(4)]

10. PB Disagrees Access in Full – Applicant [s. 34(2), s. 34(4)]

Giving Notice of Access Decision when Third Party does not Respond

11. No Response Access in Full – Third Party [s. 34(2), s. 34(4)]

12. No Response Access in Full – Applicant [s. 34(2), s. 34(4)]

When the decision is made to grant access in full or in part, please note the following.

• When the third party agrees to the disclosure, the applicant should be given access to the records without delay in accordance with subsection 34(3.1).
• When the third party objects to the disclosure, the applicant should not be given access to the records until after the 21-day period that the third party is given to make a complaint about the access decision to the Manitoba Ombudsman and no complaint has been made. If, after the 21-day period, neither the third party nor the ombudsman's office has contacted you to advise that a complaint has been made, it is recommended to follow-up with the ombudsman's office to confirm that no complaint was received. This allows you to feel confident that access to the records can be given to the applicant.
• If the third party does make a complaint about the access decision to the Manitoba Ombudsman, the ombudsman's office will notify the applicant. Access to the records can only be provided after the ombudsman's investigation into the complaint has been completed with their finding that the third party's complaint is not supported.