Disposition of Claim for Confidentiality
Marginal note:Agency's powers
24. (1) The Agency may dispose of a claim for confidentiality on the basis of
(a) documents filed with the Agency or oral evidence heard by it;
(b) documents or evidence obtained at a conference if the matter has been referred to a conference under section 35; or
(c) documents or evidence obtained through depositions taken before a member or officer of the Agency or any other person appointed by the Agency.
Marginal note:Placing of document on public record
(2) The Agency shall place a document in respect of which a claim for confidentiality has been made on the public record if the document is relevant to the proceeding and no specific direct harm would likely result from its disclosure or any demonstrated specific direct harm is not sufficient to outweigh the public interest in having it disclosed.
Marginal note:Order for Withdrawal
(3) If the Agency determines that a document in respect of which a claim for confidentiality has been made is not relevant to a proceeding, the Agency may order that the document be withdrawn.
Marginal note:Document confidential and relevant
(4) If the Agency determines that a document in respect of which a claim for confidentiality has been made is relevant to a proceeding and the specific direct harm likely to result from its disclosure justifies a claim for confidentiality, the Agency may
(a) order that the document not be placed on the public record but that it be maintained in confidence;
(b) order that a version or a part of the document from which the confidential information has been removed be placed on the public record;
(c) order that the document be disclosed at a hearing to be conducted in private;
(d) order that the document or any part of it be provided to the parties to the proceeding, or only to their solicitors, and that the document not be placed on the public record; or
(e) make any other order that it considers appropriate.
Agency Determination of Confidentiality
25. The Agency may make a determination of confidentiality on its own initiative after giving the other parties to the proceeding an opportunity to comment on the issue of confidentiality, in accordance with the procedure set out in section 23, with such modifications as the circumstances or the Agency requires.
Documents Containing Financial or Corporate Information
Marginal note:Confidential Documents
26. If financial or corporate information is filed with the Agency, the Agency shall treat the information as confidential unless the person who provides it agrees in writing that the Agency need not treat it as confidential.
Postponements and Adjournments
27. Subject to section 66, a party may request in writing a postponement or an adjournment of a proceeding.
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