Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) — 31
Confidential treatment 31 (1) A person may file a request for confidentiality in respect of a document that they are filing. The request must include the information referred to in Schedule 17 and must be accompanied by, for each document identified as containing confidential information, (a) one public version of the document from which the confidential information has been redacted; and (b) one confidential version of the document that identifies the confidential information that has been redacted from the public version of the document and that includes, at the top of each page, the words: “CONTAINS CONFIDENTIAL INFORMATION” in capital letters. Agency’s record (2) The request for confidentiality and the public version of the document from which the confidential information has been redacted are placed on the Agency’s public record. The confidential version of the document is placed on the Agency’s confidential record pending a decision of the Agency on the request for confidentiality. Request for disclosure (3) Any party may oppose a request for confidentiality by filing a request for disclosure. The request must be filed within five business days after the day on which they receive a copy of the request for confidentiality and must include the information referred to in Schedule 18. Response to request for disclosure (4) The person that filed the request for confidentiality may file a response to a request for disclosure. The response must be filed within three business days after the day on which they receive a copy of the request for disclosure and must include the information referred to in Schedule 14. Agency’s decision (5) The Agency may (a) if the Agency determines that the document is not relevant to the dispute proceeding, decide to not place the document on the Agency’s record; (b) if the Agency determines that the document is relevant to the dispute proceeding and that no specific direct harm would likely result from its disclosure or that any demonstrated specific direct harm is not sufficient to outweigh the public interest in having it disclosed, decide to place the document on the Agency’s public record; or (c) if the Agency determines that the document is relevant to the dispute proceeding and that the specific direct harm likely to result from its disclosure justifies confidentiality, (i) decide to confirm the confidentiality of the document or any part of it and keep the document or part of the document on the Agency’s confidential record, (ii) decide to place a version of the document or any part of it from which the confidential information has been redacted on the Agency’s public record, (iii) decide to keep the document or any part of it on the Agency’s confidential record but require that the person requesting confidentiality provide a copy of the document or part of the document in confidence to any party to the dispute proceeding, or to certain of their advisors, experts and representatives, as specified by the Agency, after the person requesting confidentiality has received a signed undertaking of confidentiality from the person to which the copy is to be provided, or (iv) make any other decision that it considers just and reasonable. Filing of undertaking of confidentiality (6) The original copy of the undertaking of confidentiality must be filed with the Agency.