Online News Act (S.C. 2023, c. 23)

Marginal note:Confidential information

• 55 (1) For the purposes of this section, an individual or entity that 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 individual or entity that submitted it; or

  • (c) information the disclosure of which could reasonably be expected to

    • (i) result in material financial loss or gain to any individual or entity,

    • (ii) prejudice the competitive position of any individual or entity, or

    • (iii) affect contractual or other negotiations of any individual or entity.

• Marginal note:Prohibition — disclosure

  (2) Subject to subsections (4), (5), (7) and (8), if an individual or entity designates information as confidential and the designation is not withdrawn by them, it is prohibited for an individual described in subsection (3) to knowingly disclose the information, or knowingly allow it to be disclosed, to any individual or entity in any manner that is calculated or likely to make it available for the use of any individual or entity that may benefit from the information or use it to the detriment of any other individual or entity to whose business or affairs the information relates.

• Marginal note:Application to individuals

  (3) Subsection (2) applies to any individual referred to in any of the following paragraphs who comes into possession of designated information while holding the office or employment described in that paragraph, whether or not the individual has ceased to hold that office or be so employed:

  • (a) a member of, or individual employed by, the Commission;

  • (b) in respect of information disclosed under paragraph (4)(b) or (5)(b), the Commissioner of Competition appointed under subsection 7(1) of the Competition Act or an individual whose duties involve the carrying out of that Act and who is referred to in section 25 of that Act; and

  • (c) in respect of information provided under subsection 54(1), the Minister, the Chief Statistician of Canada or an agent of or an individual employed in the federal public administration.

• Marginal note:Disclosure of information submitted in proceedings

  (4) If designated information is submitted in the course of proceedings before the Commission, the Commission may

  • (a) disclose it or require its disclosure if it determines, after considering any representations from interested individuals and entities, that the disclosure is in the public interest; and

  • (b) disclose it or require its disclosure to the Commissioner of Competition on the Commissioner’s request if the Commission determines that the information is relevant to competition issues being considered in the proceedings.

• Marginal note:Disclosure of other information

  (5) If designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may

  • (a) disclose it or require its disclosure if, after considering any representations from interested individuals and entities, it determines that the information is relevant to the determination of a matter before it and determines that the disclosure is in the public interest; and

  • (b) disclose it or require its disclosure to the Commissioner of Competition on the Commissioner’s request if it determines that the information is relevant to competition issues being raised in the matter before it.

• Marginal note:Use of information disclosed to Commissioner of Competition

  (6) It is prohibited for the Commissioner of Competition and any individual whose duties involve the administration and enforcement of the Competition Act and who is referred to in section 25 of that Act to use information that is disclosed

  • (a) under paragraph (4)(b) other than to facilitate the Commissioner’s participation in proceedings referred to in subsection (4); or

  • (b) under paragraph (5)(b) other than to facilitate the Commissioner’s participation in a matter referred to in subsection (5).

• Marginal note:Disclosure

  (7) The Commission may disclose designated information obtained by it if requested to do so under sub­section 54(1).

• Marginal note:Information inadmissible

  (8) 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 for forgery, perjury or false declaration in relation to the submission of the information.