35. (1) Where a document is filed with the Council by a party in relation to any proceeding, the Council may place the document on the public record unless the party filing the document asserts a claim of confidentiality at the time of such filing.
(2) Any claim for confidentiality made in connection with a document filed with the Council or requested by the Council or any party shall be accompanied by the reasons therefor, and, where it is asserted that specific direct harm would be caused to the party claiming confidentiality, sufficient details shall be provided as to the nature and extent of such harm.
(3) A party claiming confidentiality in connection with a document shall indicate whether he objects to an abridged version of the document on the public record and, if so, shall state his reasons for the objection.
(4) The Council may place a claim for confidentiality referred to in subsection (2) on the public record and copies of such claim may be provided to such parties to the proceeding as the Council may specify.
(5) Where a claim for confidentiality is made in connection with a document that has not been filed by a party, the Council may require the party to file the document and, after the document has been filed, the Council shall
(a) review the document in confidence; and
(b) deal with the document in accordance with subsection (10) or (11), whichever is applicable.
(6) Any party wishing public disclosure of a document filed with the Council in relation to which there has been a publicized claim for confidentiality may file with the Council
(a) a request for such disclosure setting out the reasons therefor, including the public interest in the disclosure of all information relevant to the Council’s supervisory responsibilities; and
(b) any material in support of the reasons for public disclosure.
(7) A copy of a request for public disclosure referred to in subsection (6) shall be served on the party claiming confidentiality and that party may, unless the Council otherwise determines, file a reply with the Council and serve a copy thereof on the party requesting public disclosure.
(8) Where the Council requests of a party that a document, for which confidentiality has been claimed, be placed on the public record, the party claiming confidentiality shall have 10 days to file a reply, unless the Council otherwise determines.
(9) The Council may dispose of a claim for confidentiality on the basis of the documentation filed or may, if it considers such procedure to be just and proper,
(a) refer the matter to a conference under section 30;
(b) require depositions to be taken before a person appointed to conduct an examination under subsection 39(2); or
(c) refer the matter to an oral hearing.
(10) Where the Council is, in respect of the disclosure of a document, of the opinion that, based on all the material before it, no specific direct harm would be likely to result from disclosure, or where any such specific direct harm is shown but is not sufficient to outweigh the public interest in disclosing the document, the document may be placed on the public record.
(11) Where the Council is of the opinion that, based on all the material before it, the specific direct harm likely to result from public disclosure of a document justifies a claim for confidentiality, the Council, may,
(a) order that the document not be placed on the public record;
(b) order disclosure of an abridged version of part of the document; or
(c) order that the document be disclosed to parties designated by Council at a hearing to be conducted in camera.
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