Special Import Measures Act

Marginal note:Designation of information as confidential

• 85 (1) Where a person who provides information to the Commissioner for the purposes of proceedings under this Act wishes some or all of the information to be kept confidential, the person shall submit, at the time the information is provided,

  • (a) a statement designating as confidential the information that he wishes to be kept confidential, together with an explanation of why he designated that information as confidential; and

  • (b) a non-confidential edited version or non-confidential summary of the information designated as confidential pursuant to paragraph (a) in sufficient detail to convey a reasonable understanding of the substance of the information or a statement

    • (i) that such a non-confidential edited version or non-confidential summary cannot be made, or

    • (ii) that such a non-confidential edited version or non-confidential summary would disclose facts that the person has a proper reason for wishing to keep confidential,

    together with an explanation that justifies the making of any such statement.

• Marginal note:Interpretation

  (2) A person who designates information as confidential pursuant to paragraph (1)(a) fails to comply with paragraph (1)(b) where

  • (a) the person does not provide a non-confidential edited version, a non-confidential summary or a statement referred to in paragraph (1)(b);

  • (b) the person provides a non-confidential edited version or a non-confidential summary of the information designated as confidential pursuant to paragraph (1)(a), but the Commissioner is satisfied that it does not comply with paragraph (1)(b);

  • (c) the person provides a statement referred to in paragraph (1)(b), but does not provide an explanation that justifies the making of the statement; or

  • (d) the person provides a statement referred to in paragraph (1)(b), but the Commissioner is satisfied that the explanation given as justification for the making of the statement does not justify the making thereof.