Special Import Measures Act

Marginal note:Withdrawal of designation or submission of explanation

• 87 (1) Where a person is notified pursuant to paragraph 86(2)(a) with respect to any information that he has designated as confidential pursuant to paragraph 85(1)(a), the person may, within fifteen days after being so notified,

  • (a) withdraw the designation, or

  • (b) submit to the Commissioner an explanation or further explanation of why he designated the information as confidential,

  and where the person does neither of those things within the fifteen days, that information shall not thereafter be taken into account by the Commissioner in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, unless the Commissioner obtains it elsewhere than from that person.

• Marginal note:Commissioner to reconsider

  (2) Where, pursuant to subsection (1), a person submits to the Commissioner, within the fifteen days referred to in that subsection, an explanation or further explanation of why the person designated information as confidential, the Commissioner shall again consider whether, taking into account that explanation or further explanation, the designation of the information as confidential is warranted and, if the Commissioner decides that it is not warranted, shall cause the person to be notified that the information will not thereafter be taken into account by the Commissioner in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, in which case the information shall not thereafter be taken into account by the Commissioner in any such proceedings, unless he obtains it elsewhere than from that person.

• Marginal note:Where failure to comply not rectified

  (3) Subject to subsection (4), where a person who has been informed pursuant to section 86 that he has failed to comply with paragraph 85(1)(b) with respect to any information does not, within fifteen days after being so informed or within such longer time not exceeding thirty days after being so informed as the Commissioner, either before or after the expiration of the fifteen days, in his discretion allows, take such action as it is necessary for the person to take in order to comply with paragraph 85(1)(b), the Commissioner shall cause the person to be notified that the information will not thereafter be taken into account by the Commissioner in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, in which case the information shall not thereafter be taken into account by the Commissioner in any such proceedings, unless he obtains it elsewhere than from that person.

• Marginal note:Exception

  (4) Subsection (3) does not apply in respect of any information that the Commissioner is prohibited by subsection (1) or (2) from taking into account in the proceedings for the purposes of which it was provided.