Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 122.1
Notice — subsection 122(11) 122.1 (1) If the Regulator intends to disclose any information or documentation under subsection 122(11), the Regulator shall make every reasonable effort to give the person who provided it written notice of the Regulator’s intention to disclose it. Waiver of notice (2) Any person to whom a notice is required to be given under subsection (1) may waive the requirement, and if they have consented to the disclosure they are deemed to have waived the requirement. Contents of notice (3) A notice given under subsection (1) shall include (a) a statement that the Regulator intends to disclose information or documentation under subsection 122(11); (b) a description of the information or documentation that was provided by the person to whom the notice is given; and (c) a statement that the person may, within 20 days after the day on which the notice is given, make written representations to the Regulator as to why the information or documentation, or a portion of it, should not be disclosed. Representations (4) If a notice is given to a person by the Regulator under subsection (1), the Regulator shall (a) give the person the opportunity to make, within 20 days after the day on which the notice is given, written representations to the Regulator as to why the information or documentation, or a portion of it, should not be disclosed; and (b) after the person has had the opportunity to make representations, but no later than 30 days after the day on which the notice is given, make a decision as to whether or not to disclose the information or documentation and give written notice of the decision to the person. Contents of notice of decision to disclose (5) A notice given under paragraph (4)(b) of a decision to disclose information or documentation shall include (a) a statement that the person to whom the notice is given may request a review of the decision under subsection (7) within 20 days after the day on which the notice is given; and (b) a statement that if no review is requested under subsection (7) within 20 days after the day on which the notice is given, the Regulator shall disclose the information or documentation. Disclosure of information or documentation (6) If, under paragraph (4)(b), the Regulator decides to disclose the information or documentation, the Regulator shall disclose it on the expiry of 20 days after a notice is given under that paragraph, unless a review of the decision is requested under subsection (7). Review (7) Any person to whom the Regulator is required under paragraph (4)(b) to give a notice of a decision to disclose information or documentation may, within 20 days after the day on which the notice is given, apply to the Supreme Court of Nova Scotia for a review of the decision. Hearing in summary way (8) An application made under subsection (7) shall be heard and determined in a summary way in accordance with any applicable rules of practice and procedure of that Court. Court to take precautions against disclosing (9) In any proceedings arising from an application under subsection (7), the Supreme Court of Nova Scotia shall take every reasonable precaution, including, when appropriate, conducting hearings in camera , to avoid the disclosure by the Court or any person of any information or documentation that, under this Act, is privileged or is not to be disclosed. 2015, c. 4, s. 83 2024, c. 20, s. 204 2024, c. 20, s. 205(E)