Directive on Requesting Confidentiality
Issued by the Commission Registry
Effective Date: September 15, 2025
This directive outlines how participants in Commission hearings can submit a request under Rule 12 of the CNSC Rules of Procedure for information to be kept confidential, including Indigenous Knowledge. Note de bas de page 1
As a court of record, the Commission operates transparently, adhering to the open-court principle. Its proceedings and the record for any proceeding are public, unless a confidentiality request is made by a participant and granted by the Commission.
Requesting Confidentiality
Generally, material received as part of a matter before the Commission is made available to the public. To limit public access to material filed with the Commission, participants must obtain a Request for Confidentiality form from the Commission Registry. Note de bas de page 2 The completed request must include a strong rationale, clearly demonstrating how it meets the criteria in Rule 12. The request should also address why the information needs protecting, what past efforts were taken to ensure the information remained protected, and how the proposed protective measures will minimally impair the public nature of the proceeding.
Rule 12 allows the Commission to protect information relating to national or nuclear security, confidential information of a financial, commercial, scientific, technical, personal or other nature that is treated consistently as confidential, and other information that may endanger the life, liberty, or security of a person if made publicly available.
Protective measures include:
- restricting or prohibiting the disclosure or publication of information;
- conducting all or part of a proceeding in private, excluding members of the public other than certain participants and their counsel or agent, if any; and/or
- establishing appropriate measures, such as a confidentiality agreement, where participants may need to access certain protected information.
Rule 12 balances the need for protection against the public’s right to access the information, ensuring that any protective measures do not unduly affect the openness of the proceeding.
Prescribed information, as defined in Section 21of the General Nuclear Safety and Control Regulations, is treated as confidential without the need to submit a request for confidentiality. However, participants providing prescribed information to the Commission Registry must identify it clearly, by including a “Prescribed Information” stamp on the cover page of the document and on each page containing prescribed information.
Timing of Requests
To avoid delays and enhance public participation, requests for confidentiality should be submitted when the application or submission is filed, or as soon as the requestor knows that the material requires protection.
Access to Information
Material filed with the Commission, including confidential documents, may be subject to requests under the Access to Information Act and the Privacy Act. These laws require the CNSC to disclose information in certain circumstances.
Direction
- Submission: The Request for Confidentiality form must be submitted to the Commission Registry. It must be signed by an authorized representative.
-
Required documents:
- for requests covering part of a document: A redacted (non-confidential) version of the document(s).
- for requests covering an entire document: A non-confidential summary of the document(s).
- for all requests: The un-redacted document(s) clearly marked "CONFIDENTIAL," with all confidential portions indicated (e.g., using shading, brackets, highlighting, etc.).
- Processing: Upon receipt, the Registry will process the request for the Commission’s review and post it on the CNSC’s website along with the redacted or summarized version of the document(s).
- Assessment: The Commission will evaluate the request and may seek participant views as necessary.
- Decision: The decision will specify what protective measures, if any, will be applied to the information.
- Withdrawal: If the Commission rejects the request, the participant will be notified and may withdraw the information and submit an alternative version. Withdrawn information will not be retained.
- Notification: The Commission Registry will inform the requestor of the Commission’s decision.
- Publication: The Commission’s decision will be posted on the CNSC website.
Approved by Candace Salmon
Commission Registrar
September 15, 2025
References
Page details
- Date modified: