Status of the Artist Act Procedural Regulations

16 (1) Subject to subsection (2), the Board must place a document on the public record if the document is relevant to the proceeding.

(2) The Board, on its own initiative or at the request of a participant, may declare that a document is confidential.

(3) In determining whether a document is confidential, the Board must consider whether disclosure of the document would cause specific direct harm to a person and whether the specific direct harm would outweigh the public interest in its disclosure.

(4) If the Board declares that a document is confidential, the Board may

• (a) order that the document or any part of it not be placed on the public record;

• (b) order that a version or any part of the document from which the confidential information has been removed be placed on the public record;

• (c) order that any portion of a hearing, including any argument, examination or cross-examination, that deals with the confidential document be conducted in private;

• (d) order that the document or any part of it be provided to the participants, or only to their legal counsel or authorized representative, and that the document not be placed on the public record; or

• (e) make any other order that it considers appropriate.