Adjudication: Request for confidentiality (Form 17)

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Instructions

Who should use this form?

A person who is filing a request for confidentiality in respect of a document that they are filing.

Purpose

To request that documents filed with the Agency be treated confidentially and not be placed on the public record.

When should you file this form?

At the same time as you file a document with the Agency for which you are claiming confidentiality.

What happens next?

A party may oppose your request for confidentiality within 5 business days after the day on which they receive it by filing a request for disclosure. You may respond to any request for disclosure in accordance with subsection 31(4) (Form 14) within 3 business days after the day on which you receive the request for disclosure.

The Agency will consider whether to grant the request after reviewing all the submissions of the parties.

If the Agency denies your request for confidentiality, your document will be placed on the public record.

If your request is granted, the Agency may order that a part or the whole document be placed on the confidential record or be provided to the other parties on the basis that it be kept strictly confidential.

Refer to section 31 of the Dispute Adjudication Rules for more information.

What do I need before I begin?

You will need to provide:

  • One public version of the document from which the confidential information has been redacted, which is sent to all parties; and
  • One confidential version of the document , which:
    • contains and identifies the confidential information that was redacted from the public version; and
    • states “CONTAINS CONFIDENTIAL INFORMATION” on the top of each page.

The confidential version is only filed with the Agency at this stage in the proceedings.

Personal Information Collection Statement
Privacy Statement

All personal information created, held or collected by the Canadian Transportation Agency (Agency) is protected under the Privacy Act. This means that you will be informed of the purpose for which it is being collected and how to exercise your right of access to that information. You will be asked for your consent where appropriate.

The information provided in this form is collected in order to allow us to process your application. The personal information is collected pursuant to the Canada Transportation Act. The information is included in the personal information banks:

Any personal information the Agency receives from the online form is only provided to those members of our staff and Members who require it in order to respond to your application. The information may be shared with transportation service providers and any other parties involved in order to resolve your dispute.

As per the open court principle and the Canadian Transportation Agency Dispute Adjudication Rules, all information filed with the Agency as part of an adjudicated dispute becomes part of the public record and may be made available for public viewing. For adjudicated disputes, the Agency posts applications, pleadings documents and decisions issued on its website. For further information please see our Privacy Policy.

The information you submit on the online form will be encrypted (a secure means of transmission) when it is sent electronically to the Agency. For your reference purposes, the information you submit is temporarily retained in an encrypted folder on a secure server hosted on our internal network until 30 days following the issuance of a decision or upon withdrawal of your application and Agency acceptance. The information is stored in the Agency Corporate Repository and Case Management System where it will be retained for 10 years upon file closure, and then destroyed.

If after reading this statement, you prefer not to submit your application via the Internet, you may use one of the following methods:

By Courier or in Person: Canadian Transportation Agency, 60 Laval Street, Unit 01, Gatineau, Quebec, J8X 3G9

By Teletypewriter: 1-800-669-5575

If you do not provide all of the required information on this form, the Agency will not be able to begin processing your application.

Privacy Inquiry

You have the right to request access to your personal information and also to request corrections if you believe that your personal information is erroneous or incomplete.

Any questions, comments, concerns or complaints regarding the administration of the Privacy Act and privacy policies may be directed to the departmental Privacy Coordinator by email to OTC.AIPRP-ATIP.CTA@otc-cta.gc.ca, by calling 819-743-7259 or writing to: Access to Information and Privacy Coordinator, 60 Laval Street, Unit 1, Gatineau, Quebec, J8X 3G9.

If you are not satisfied with our response to your privacy concern, you may wish to contact the Office of the Privacy Commissioner by e-mail at info@priv.gc.ca or by telephone at 1-800-282-1376.
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