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Canadian International Trade Tribunal Act (R.S.C., 1985, c. 47 (4th Supp.))

Act current to 2019-08-15 and last amended on 2019-06-21. Previous Versions

General (continued)

Disclosure of Information (continued)

Marginal note:Information not to be disclosed

  •  (1) Where a person designates information as confidential pursuant to paragraph 46(1)(a) and that designation is not withdrawn by that person, no member and no person employed in the federal public administration who comes into possession of that information while holding that office or being so employed shall, either before or after ceasing to hold that office or being so employed, knowingly disclose that information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any business competitor or rival of any person to whose business or affairs the information relates.

  • Marginal note:Disclosure of summary or statement

    (2) Subsection (1) does not apply in respect of any non-confidential edited version or non-confidential summary of information or statement referred to in paragraph 46(1)(b).

  • Marginal note:Disclosure to counsel and experts

    (3) Notwithstanding subsection (1), information to which that subsection applies that has been provided to the Tribunal in any proceedings before the Tribunal may be disclosed by the Tribunal to counsel for any party to those proceedings or to other proceedings arising out of those proceedings or to an expert, acting under the control or direction of that counsel, for use, notwithstanding any other Act or law, by that counsel or expert only in those proceedings, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by counsel or the expert to any person in any manner that is calculated or likely to make it available to

    • (a) any party to the proceedings or other proceedings, including a party who is represented by that counsel or on whose behalf the expert is acting; or

    • (b) any business competitor or rival of any person to whose business or affairs the information relates.

  • Marginal note:Disclosure to Tribunal’s experts

    (3.1) Despite subsection (1), the Tribunal may disclose information to which that subsection applies to an expert engaged to advise or assist the Tribunal for use, despite any other Act or law, by the expert only in proceedings before the Tribunal under the Special Import Measures Act or this Act, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by the expert to any person in any manner that is calculated or likely to make it available to

    • (a) any party to the proceedings; or

    • (b) any business competitor or rival of any person to whose business or affairs the information relates.

  • Marginal note:Disclosure to persons described in subsection (5)

    (3.2) For greater certainty, disclosure of information under subsection (3) or (3.1) to a person described in subsection (5) who is an employee of an institution of the Government of Canada that is a party to the proceedings or, in the case of subsection (3), other proceedings is not disclosure to a party to those proceedings for the purposes of subsection (3) or (3.1).

  • Definition of counsel

    (4) In subsection (3), counsel, in relation to a party to proceedings, includes any person, other than a director, servant or employee of the party, who acts in the proceedings on behalf of the party.

  • Marginal note:Persons who may be recognized as experts

    (5) In subsections (3) and (3.1), “expert” includes any of the following persons whom the Tribunal recognizes as an expert:

    • (a) persons whose duties involve the carrying out of the Competition Act and who are referred to in section 25 of that Act, other than persons authorized by the Governor in Council to exercise the powers and perform the duties of the Director of Investigation and Research;

    • (b) in respect of the determination of damages and costs in procurement review proceedings, persons employed in the government institution involved in the procurement under review;

    • (b.1) persons engaged under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act to advise or assist the Tribunal; and

    • (c) any prescribed person.

  • Marginal note:Offence

    (6) Every person commits an offence who

    • (a) uses information disclosed to the person by the Tribunal under subsection (3) or (3.1) for any purpose other than the purpose for which the information was disclosed under that subsection; or

    • (b) contravenes any condition imposed by the Tribunal under subsection (3) or (3.1).

  • Marginal note:Punishment

    (7) Every person who commits an offence under subsection (6) is guilty of

    • (a) an indictable offence and liable to a fine of not more than $1,000,000; or

    • (b) an offence punishable on summary conviction and liable to a fine of not more than $100,000.

  • Marginal note:Consent

    (8) No proceedings for an offence under subsection (6) shall be instituted without the consent in writing of the Attorney General of Canada.

  • Marginal note:Bar from appearing before Tribunal

    (9) In addition to any punishment imposed under subsection (7), counsel or an expert who commits an offence under subsection (6) may be barred by the Tribunal from any further appearance before it in respect of any proceedings before the Tribunal for the period that the Tribunal considers appropriate.

  • R.S., 1985, c. 47 (4th Supp.), s. 45
  • 1994, c. 47, s. 44
  • 1999, c. 12, s. 59
  • 2003, c. 22, s. 224(E)
  • 2014, c. 20, s. 455

Marginal note:Designation of information as confidential

  •  (1) Where a person who provides information to the Tribunal for the purposes of proceedings before the Tribunal wishes some or all of the information to be kept confidential, the person shall submit to the Tribunal, at the time the information is provided,

    • (a) a statement designating as confidential the information that the person wishes to be kept confidential, together with an explanation as to why that information is designated as confidential; and

    • (b) a non-confidential edited version or non-confidential summary of the information designated as confidential pursuant to paragraph (a) in sufficient detail to convey a reasonable understanding of the substance of the information or a statement

      • (i) that such a non-confidential edited version or non-confidential summary cannot be made, or

      • (ii) that such a non-confidential edited version or non-confidential summary would disclose facts that the person has a proper reason for wishing to keep confidential,

      together with an explanation that justifies the making of the statement.

  • Marginal note:Interpretation

    (2) A person who designates information as confidential pursuant to paragraph (1)(a) fails to comply with paragraph (1)(b) where

    • (a) the person does not provide the non-confidential edited version, the non-confidential summary or the statement referred to in paragraph (1)(b);

    • (b) the person provides a non-confidential edited version or a summary of the information designated as confidential pursuant to paragraph (1)(a) but the Tribunal is satisfied that it does not comply with paragraph (1)(b);

    • (c) the person provides a statement referred to in paragraph (1)(b), but does not provide an explanation that justifies the making of the statement; or

    • (d) the person provides a statement referred to in paragraph (1)(b), but the Tribunal is satisfied that the explanation given as justification for the making of the statement does not justify the making thereof.

  • R.S., 1985, c. 47 (4th Supp.), s. 46
  • 1994, c. 47, s. 45

Marginal note:Where there has been failure to comply

  •  (1) Where a person has designated information as confidential pursuant to paragraph 46(1)(a) and the Tribunal considers that such a designation is warranted, but the person has failed to comply with paragraph 46(1)(b), the Tribunal shall cause the person to be informed of the failure, of the ground on which the person has so failed and of the application of subsection 48(3) if the person fails to take, within the time limited therefor by or pursuant to that subsection, such action as is necessary for the person to take in order to comply with paragraph 46(1)(b).

  • Marginal note:Where Tribunal considers designation unwarranted

    (2) Where a person has designated information as confidential pursuant to paragraph 46(1)(a) and the Tribunal considers that, by reason of its nature, extent or availability from other sources or of the failure of the person to provide any explanation as to why it was designated as confidential, the designation of that information as confidential is unwarranted, the Tribunal shall cause the person

    • (a) to be notified of the fact that the Tribunal considers the designation to be unwarranted and of its reasons for so considering; and

    • (b) where the person has failed to comply with paragraph 46(1)(b), to be informed as provided in subsection (1).

 
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