Proposal for the Output-Based Pricing System Regulations: chapter 20

Confidentiality

Section 254 of the Act provides that any person that provides information to the Minister under Part 2 can request, in writing and with supporting justifications, that the information be treated as confidential. The regulations will specify the information that must be provided to the Minister in a request for confidentiality.

Request for confidentiality of information

34. (1) Pursuant to section 254 of the Act and subject to subsection (2), a person responsible for a facility may request in writing to the Minister that certain information be kept confidential.

Content of request

(2) The request referred to in subsection (1) must contain the following information:

  1. a description of each piece of information that is being requested to be kept confidential;
  2. justification as to whether the information
    1. is a trade secret,
    2. if disclosed, would likely cause material financial loss to, or prejudice to the competitive position of, the person, or
    3. if disclosed, would likely interfere with contractual or other negotiations being conducted by the person; and
  3. a substantiation that the information meets all of the following criteria:
    1. the information is confidential to the responsible person,
    2. the person has taken, and intends to continue to take, measures that are reasonable in the circumstances to maintain the confidentiality of the information,
    3. the information is not, and has not been, reasonably obtainable using legitimate means by others, except with the consent of the person, and
    4. the information is not, and has never been, available to the public.
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