Proposal for the Output-Based Pricing System Regulations: chapter 20
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:
- a description of each piece of information that is being requested to be kept confidential;
- justification as to whether the information
- is a trade secret,
- if disclosed, would likely cause material financial loss to, or prejudice to the competitive position of, the person, or
- if disclosed, would likely interfere with contractual or other negotiations being conducted by the person; and
- a substantiation that the information meets all of the following criteria:
- the information is confidential to the responsible person,
- the person has taken, and intends to continue to take, measures that are reasonable in the circumstances to maintain the confidentiality of the information,
- the information is not, and has not been, reasonably obtainable using legitimate means by others, except with the consent of the person, and
- the information is not, and has never been, available to the public.
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