Canadian International Trade Tribunal Rules

16 (1) A counsel for a party who wishes to have access to confidential information under subsection 45(3) of the Act must provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the information in the record of a proceeding, as well as in respect of that counsel’s disposal of the information at the close of the proceeding or in the event of a change of counsel.

(2) [Repealed, SOR/2018-87, s. 9]

(3) An expert who wishes to have access to confidential information under subsection 45(3) or (3.1) of the Act must provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as in respect of that expert’s disposal of the confidential information at the close of the proceeding or in the event of a change of expert.

(4) Any party or interested person may request, by way of motion in accordance with rule 24, that the Tribunal not disclose some or all of the confidential information to a counsel or expert.

(5) The Tribunal must notify the counsel or the expert, as the case may be, of its decision as to whether to disclose the confidential information and on what terms and conditions that disclosure would be made.