Special Import Measures Act

Marginal note:Where there has been failure to comply

• 86 (1) Where a person has designated information as confidential pursuant to paragraph 85(1)(a) and the Commissioner considers that the designation is warranted, but the person has failed to comply with paragraph 85(1)(b), the Commissioner shall cause the person to be informed of that failure, of the ground on which he has so failed and of the application of subsection 87(3) if the person fails to take, within the time limited therefor by or pursuant to that subsection, such action as it is necessary for him to take in order to comply with paragraph 85(1)(b).

• Marginal note:Where Commissioner considers designation unwarranted

  (2) Where, pursuant to paragraph 85(1)(a), a person has designated information as confidential and the Commissioner considers that, because of its nature, extent, availability from other sources or the failure of the person to provide any explanation of why he designated it as confidential, the designation of that information as confidential is unwarranted, the Commissioner shall cause the person

  • (a) to be notified of the fact that the Commissioner considers the designation of that information as confidential unwarranted and of the Commissioner’s reasons for so considering; and

  • (b) where the person has failed to comply with paragraph 85(1)(b), to be informed as provided in subsection (1).