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, of its own motion or on 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• (b) [Repealed, SOR/2025-206, s. 13]

• (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 persons that the Board designates; or

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