Special Import Measures Act

Marginal note:Information not to be disclosed

• 84 (1) Where a person

  • (a) designates information as confidential pursuant to paragraph 85(1)(a), or

  • (b) submits to the Commissioner, with respect to evidence, in this section referred to as "information", provided by him pursuant to subsection 78(3), the statement and explanation referred to in subsection 79(1),

  and that designation or submission, as the case may be, is not withdrawn by the person, no person employed in the federal public administration who comes into possession of that information while he is so employed shall, either before or after he ceases to be so employed, knowingly disclose that information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any business competitor or rival of any person to whose business or affairs the information relates.

• Marginal note:Disclosure

  (2) Subsection (1) does not apply in respect of

  • (a) any summary of information or statement referred to in paragraph 85(1)(b) or any summary referred to in subsection 79(2); or

  • (b) the disclosure by the Commissioner of information for the purposes of proceedings before a panel or the Appellate Body established under the Understanding on Rules and Procedures Governing the Settlement of Disputes set out in Annex 2 to the WTO Agreement.

• Marginal note:Disclosure to counsel

  (3) Notwithstanding subsection (1), information to which that subsection applies that has been provided to the Commissioner in any proceedings under this Act shall, on written request and on payment of the prescribed fee, be disclosed by the Commissioner, in the manner and at the time specified by the Commissioner, to counsel for any party to those proceedings or to other proceedings under this Act arising out of those proceedings for use, notwithstanding any other Act or law, by that counsel only in those proceedings, subject to any conditions that the Commissioner considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who submitted it to the Commissioner, be disclosed to any person by counsel in any manner that is calculated or likely to make it available to

  • (a) any party to the proceedings or other proceedings, including a party who is represented by that counsel; or

  • (b) any business competitor or rival of any person to whose business or affairs the information relates.

• Marginal note:Limitation

  (3.1) The Commissioner may not disclose information under subsection (3) if the Commissioner is satisfied that the disclosure might result in material harm to the business or affairs of the person who designated the information as confidential under paragraph 85(1)(a).

• Marginal note:Definition of "counsel"

  (4) In subsection (3), counsel, in relation to a party to proceedings under this Act, includes any person, other than a director, servant or employee of the party, who acts in the proceedings on behalf of the party.