Privacy of Mental Health Records for Manitoba Tenants

Tenants often worry about how their mental health information is stored and who can see it. In Manitoba, privacy rules balance health privacy with legitimate tenancy needs. This guide explains in plain language how mental health records are protected, when you may be asked to share information with a landlord, and how to request or correct records from health providers. It also shows practical steps for tenants facing disputes that touch on mental health, including what forms to use and who handles residential tenancy problems in Manitoba. If you are dealing with repairs, disclosures, or eviction notices, understanding these privacy rules can help protect your rights and your health information.

Understanding your privacy rights in Manitoba

In Manitoba, the Personal Health Information Act (PHIA) sets out how health information, including mental health records, must be collected, stored and disclosed by health custodians.^[1] Tenants have rights to access their records, request corrections, and limit unnecessary disclosure. These protections apply even when housing or tenancy issues arise, though certain limited disclosures can be lawful for safety or accommodation reasons.

Who typically holds mental health records?

• Health clinics and family physicians who document visits and treatment plans.
• Mental health professionals and community mental health teams that keep therapy and assessment notes.
• Hospitals and emergency departments that record admissions and discharge summaries.

When can a landlord see mental health information?

Landlords generally cannot demand mental health records as part of standard tenant screening. A landlord may request limited information when it is directly relevant to a tenancy accommodation (for example, when a disability-related request affects the rental unit) or if safety concerns must be assessed. You are usually able to provide a letter or form from a health professional describing functional needs without releasing full clinical details. For more on tenancy rights in Manitoba, see Tenant Rights and Landlord Rights in Manitoba.

Official forms you may use and when

• Request for Access to Personal Health Information (PHIA) — use this written request when you want a copy of your mental health records from a provider; include who you are, the records requested, and ID to speed processing.^[1]
• Application to the Residential Tenancies Branch (RTB) — use the RTB application if a dispute with a landlord involves privacy, accommodation refusal, or improper sharing of health information; this starts the dispute-resolution process with the provincial authority.^[2]
• RTB forms and guidance — check the RTB resources for the exact application documents and examples of how to explain your situation to the tribunal.^[3]

FAQ

Can my landlord ask for my mental health records?

Generally no; landlords cannot demand your mental health records. They may request limited, relevant information for accommodation or safety, and you can usually provide a brief note from a health professional instead of full clinical files.

How do I request my mental health records in Manitoba?

Submit a written access request to the health provider under PHIA naming the records you want and providing photo ID; providers follow PHIA timelines and may charge a reasonable copying fee.

What if my health record is used in a tenancy dispute?

You can ask the provider for redaction or correction of errors and raise privacy concerns with the provider; for tenancy disputes about disclosure or accommodation, file an application with the Residential Tenancies Branch.

How-To

1. Identify who holds the records—your clinic, hospital, or mental health professional.
2. Submit a written access request to the provider and ask for an estimated response time; include identification and specify the date range of records.
3. Collect and keep copies of correspondence and any evidence showing why limited disclosure is necessary for accommodation.
4. If privacy or tenancy issues remain unresolved, file an application with the Residential Tenancies Branch to request dispute resolution.

Help and Support / Resources

• Residential Tenancies Branch, Government of Manitoba
• Personal Health Information Act (PHIA) — Government of Manitoba
• Manitoba Ombudsman

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1. [1] Personal Health Information Act (PHIA) — Government of Manitoba
2. [2] Residential Tenancies Branch — Government of Manitoba
3. [3] Residential Tenancies Branch forms and resources — Government of Manitoba

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