8.1 The following information is required, at the request of a screening officer under subsection 13(1.1) of the Act, for the purpose of substantiating a claim for exemption from the disclosure of information :

• (a) the number of employees, officers or directors of the claimant who have knowledge of or access to the information;

• (b) whether, to the knowledge of the claimant, any persons inside or outside Canada other than persons referred to in paragraph (a) have knowledge of or access to the information and, if so and the number is known to the claimant, the number of those persons;

• (c) the details of the measures implemented by the claimant in order to restrict knowledge of or access to the information, including the measures relating to site security, document security and computer security that have been implemented for that purpose;

• (d) whether or not each person who, to the knowledge of the claimant, has knowledge of or access to the information has signed a confidentiality agreement in respect of that information;

• (e) a statement indicating the amount of money spent or other business resources used to develop the information, if the claimant considers that amount or those resources to be substantial in the circumstances, and why the claimant considers that amount or those resources to be substantial in the circumstances; and

• (f) either

  • (i) the estimated value of the material financial loss to the claimant that would result if the information for which the claim for exemption is made were disclosed, including the method of calculation used to determine that value, and an explanation of why the claimant considers that the financial loss would be material, or

  • (ii) the estimated value of the material financial gain to the claimant’s competitors that would result if the information for which the claim for exemption is made were disclosed, including the method of calculation used to determine that value, and an explanation of why the claimant considers that the financial gain would be material.

9. A claim for exemption shall be filed

• (a) by sending it by registered mail to the head office of the Commission;

• (b) in person by the claimant or the claimant’s agent by delivering it to the head office of the Commission; or

• (c) by transmitting it by any electronic means, including facsimile or electronic mail, to the head office of the Commission, if the Commission has the necessary facilities for accepting the secure transmission of the claim by that means.

10. A screening officer shall assign a registry number or have a registry number assigned to a claim for exemption as soon as practicable after receiving

• (a) a claim for exemption that is in accordance with section 8;

• (b) the material safety data sheet or label to which the claim for exemption relates; and

• (c) the required fee.