Canadian Environmental Protection Act, 1999

Marginal note:Request for confidentiality

• 313 (1) A person who provides information to the Minister under this Act, or to a board of review in respect of a notice of objection filed under this Act, may submit with the information a request that it be treated as confidential.

• Marginal note:Contents of request

  (2) A request for confidentiality shall be submitted, with reasons taking into account the criteria set out in paragraphs 20(1)(a) to (d) of the Access to Information Act, in writing and contain any supplementary information that may be prescribed.

• Marginal note:Review of requests

  (3) The Minister shall review a statistically valid representative sample of requests granted under subsection (1) and determine whether, in respect of each of those requests, the person who made the request demonstrated that it concerned any of the following:

  • (a) trade secrets of any person;

  • (b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person;

  • (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person; or

  • (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person.

• Marginal note:Requests deemed not to have been made

  (4) If the Minister determines that the person who made the request did not demonstrate that the request, in whole or in part, concerned information described in any of paragraphs (3)(a) to (d), then, for the purpose of any part of the request that does not concern such information, the request is deemed not to have been made.

• Marginal note:Report — number of requests

  (5) The Minister shall include in the annual report required under section 342 the number of requests made under subsection (1), the number of requests reviewed, the number of requests that, in whole or in part, were deemed not to have been made and a summary of the information disclosed under sections 315 to 317.2.

• Marginal note:Designation

  (6) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.