Content of Messages
Marginal note:Content of messages
36. Except where the Commission approves otherwise, a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public.
Provision of Information
Marginal note:Information requirements
37. (1) The Commission may require a Canadian carrier
(a) to adopt any method of identifying the costs of providing telecommunications services and to adopt any accounting method or system of accounts for the purposes of the administration of this Act; or
(b) to submit to the Commission, in periodic reports or in such other form and manner as the Commission specifies, any information that the Commission considers necessary for the administration of this Act or any special Act.
(2) Where the Commission believes that a person other than a Canadian carrier is in possession of information that the Commission considers necessary for the administration of this Act or any special Act, the Commission may require that person to submit the information to the Commission in periodic reports or in such other form and manner as the Commission specifies, unless the information is a confidence of the executive council of a province.
(3) The Commission shall, on request, provide the Minister or the Chief Statistician of Canada with any information submitted to the Commission.
- 1993, c. 38, s. 37;
- 1999, c. 31, s. 203(F).
Marginal note:Access to information
38. Subject to section 39, the Commission shall make available for public inspection any information submitted to the Commission in the course of proceedings before it.
Marginal note:Designation of information
39. (1) For the purposes of this section, a person who submits any of the following information to the Commission may designate it as confidential:
(a) information that is a trade secret;
(b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or
(c) information the disclosure of which could reasonably be expected
(i) to result in material financial loss or gain to any person,
(ii) to prejudice the competitive position of any person, or
(iii) to affect contractual or other negotiations of any person.
Marginal note:Information not to be disclosed
(2) Subject to subsections (4), (5) and (6), where a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, or knowingly allow it to be disclosed, to any other person in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 person who may benefit from the information or use the information to the detriment of any person to whose business or affairs the information relates.
Marginal note:Persons who must not disclose information
(3) Subsection (2) applies to
(a) any member of, or person employed by, the Commission, and
(b) in respect of information provided under subsection 37(3), the Minister, the Chief Statistician of Canada and any person employed in the federal public administration
who comes into possession of designated information while holding that office or being so employed, whether or not the person has ceased to hold that office or be so employed.
Marginal note:Disclosure of information submitted in proceedings
(4) Where designated information is submitted in the course of proceedings before the Commission, the Commission may disclose or require its disclosure where it determines, after considering any representations from interested persons, that the disclosure is in the public interest.
Marginal note:Disclosure of other information
(5) Where designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may disclose or require its disclosure if, after considering any representations from interested persons, it considers the information to be relevant to the determination of a matter before it and determines that the disclosure is in the public interest.
Marginal note:Information inadmissible
(6) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or any special Act or for forgery, perjury or false declaration in relation to the submission of the information.
- 1993, c. 38, s. 39;
- 2003, c. 22, s. 224(E).
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