Marginal note:Defence

312. In a prosecution for a contravention of a provision of Division 5 of Part 7 by a company engaged in the business of assembling or altering vehicles, it is a defence for the company to establish that the contravention occurred as a result of work previously done on a vehicle by another company engaged in the manufacture of the vehicle.

Marginal note:Request for confidentiality

• 313. (1) A person who provides information to the Minister under this Act, or to a board of review in respect of a notice of objection filed under this Act, may submit with the information a request that it be treated as confidential.

• Marginal note:Contents of request

  (2) A request under subsection (1) shall be submitted in writing and contain any supplementary information that may be prescribed.

Marginal note:Prohibition of disclosure

314. The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with section 315, 316 or 317.

Marginal note:Disclosure by Minister for public interest

• 315. (1) The Minister may disclose information, other than information in respect of which section 318 applies, where

  • (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

  • (b) the public interest in the disclosure clearly outweighs in importance

    • (i) any material financial loss or prejudice to the competitive position of the person who provided the information or on whose behalf it was provided, and

    • (ii) any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

• Marginal note:Notice of disclosure

  (2) Subject to subsection (3), at least 24 hours before disclosing any information under subsection (1), the Minister shall give notice of the proposed disclosure to the person who provided the information or on whose behalf it was provided.

• Marginal note:Exception

  (3) Notice under subsection (2)

  • (a) is not required where the person to whom it is to be given cannot be found after reasonable efforts have been made to do so; or

  • (b) may be given later than the time required by that subsection where an emergency exists.

Marginal note:Certain purposes for which information may be disclosed

• 316. (1) Information may be disclosed

  • (a) with the written consent of the person who provided it or on whose behalf it was provided;

  • (b) as may be necessary for the purposes of the administration or enforcement of this Act;

  • (c) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, where

    • (i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and

    • (ii) the government, international organization, institution or other minister undertakes to keep the information confidential;

  • (d) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, where the government or organization undertakes to keep the information confidential; or

  • (e) to a physician or prescribed medical professional who requests the information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

• Marginal note:Disclosure by physician, etc.

  (2) A physician or prescribed medical professional to whom information is disclosed under paragraph (1)(e) shall not disclose the information except as may be necessary for the purposes referred to in that paragraph.

• Marginal note:Disclosure of personal information

  (3) Personal information as defined in section 3 of the Privacy Act may not be disclosed under paragraph (1)(b) or (c) unless

  • (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

  • (b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.