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CHAPTER V ADJUDICATION PROCESSES
PART 8
Confidentiality of Information
Request for confidentiality
28. (1) A document filed at the Authority by a party in any proceeding shall be placed in the public record,
unless the party filing the document asserts a claim of confidentiality, contemplated in subrule (2), at the
time of filing
(2) Subject to subrule (4) any party participating in a proceeding before the Authority may request that
information contained in a document filed by that party at the Authority be considered confidential and not to
be disclosed to the public.
(3) The information is presumed confidential at the time of filing, after receipt of a claim of confidentiality (4)
a claim of confidentiality may be:
(a)
made only by the party to whom the confidential information belongs; and
(b)
requested for any information relating to the:
(i)
intellectual property;
(ii)
trade secrets;
(iii)
proprietary information, including information pertaining to financial capacity or
business plans of any person; or
(iv)
any other matter reasonably justifying confidentiality as provided by common law or
statute
(5) The request for confidential treatment shall be made at the time of filing with the Authority of the
document containing the purported confidential information and:
(a)
accompanied by a concise statement indicating the type of information and why the
information is confidential; and
(b)
the confidential information shall be included in a separately sealed envelope! which is
marked with the filing date, file number, title of the proceeding, the name of the party to
whom the information belongs and the signature of the person requesting the confidential
treatment.
(6) In each filing containing a request for confidential treatment of information, an abridged version of the
filing shall be placed in the public record of the proceeding! containing blank pages indicating that purported
confidential information is contained on those pages and these blank pages shall be inserted into each filing
in place of the pages containing the said information.
Burden of proof of confidentiality
29. (1) If the Authority requests public disclosure of information contained in a filing the burden of proof that
the information is confidential is on the party seeking confidential treatment.