Hazardous Materials Information Review Regulations

3 (1) Subject to subsection (2), for the purpose of determining whether a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, the Minister must have regard exclusively to the following criteria:

• (a) whether the information is not publicly available;

• (b) whether the claimant has taken measures that are reasonable in the circumstances to ensure that the information remains not publicly available; and

• (c) whether the information has actual or potential economic value to the claimant or to the claimant’s competitors because it is not publicly available and its disclosure would result in a material financial loss to the claimant or a material financial gain to the claimant’s competitors.

(2) For the purpose of determining that a claim for exemption from disclosing information in accordance with section 11 of the Act is valid, but not for the purpose of determining that such a claim for exemption is not valid, the Minister must also, as a criterion, have regard to whether the money expended and the other business resources employed by the claimant to develop the information are substantial in the circumstances.

(3) For the purpose of paragraph (1)(a), information does not cease to be not publicly available by reason only that it is known to persons who have

• (a) obtained the information in confidence, express or implied, and are obligated by contract or trust, express or implied, or otherwise by law or equity to maintain the confidentiality of the information; or

• (b) possession of the information without colour of right or lawful authority.