PART 9
MISCELLANEOUS
Protection of confidentiality
77.—(1) A court may, on the application of the Commissioner, make any of the following orders in or for any proceedings that involve or may involve a protected document:
- (a) an order that the protected document must not be disclosed in the proceedings;
- (b) an order that the protected document may be disclosed in the proceedings after the document has been redacted in the manner directed by the court.
(2) In deciding whether to make an order under subsection (1), the court may have regard to the following factors:
- (a) the security risk to any protected infrastructure if the protected document is disclosed in the proceedings;
- (b) the relevance of the protected document to the proceedings;
- (c) the injustice that would be caused to any party if the protected document is not disclosed in the proceedings.
(3) Any court proceedings involving a protected document must be heard in camera.
(4) A person must not, without the leave of court, inspect or take a copy of a protected document disclosed in any court proceedings.
(5) Where any protected document is disclosed in any proceedings, a person must not publish, without the leave of court, the protected document, or any information about or contained in the protected document.
(6) Any person who fails to comply with subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(7) In this section, unless the context otherwise requires—
- “proceedings” include arbitration and mediation proceedings;
