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Third Session, 48th General Assembly

67 Elizabeth II, 2018

BILL 19

AN ACT TO AMEND THE ENERGY CORPORATION ACT

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE SIOBHAN COADY

Minister of Natural Resources

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

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This Bill would amend the Energy Corporation Act to exclude certain information relating to an independent contractor from the definition of "commercially sensitive information".


A BILL

AN ACT TO AMEND THE ENERGY CORPORATION ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.34.1 Added

              No liability re: disclosure of information


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2007 cE-11.01
as amended

        1. (1) Paragraph 2(b.1) of the Energy Corporation Act is repealed and the following substituted:

         (b.1)  "commercially sensitive information" means information relating to the business affairs or activities of the corporation or a subsidiary, or of a third party provided to the corporation or the subsidiary by the third party, and includes

                      (i)  scientific or technical information, including trade secrets, industrial secrets, technological processes, technical solutions, manufacturing processes, operating processes and logistics methods,

                     (ii)  strategic business planning information,

                    (iii)  financial or commercial information, including financial statements, details respecting revenues, costs and commercial agreements and arrangements respecting individual business activities, investments, operations or projects and from which such information may reasonably be derived,

                    (iv)  information respecting positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the corporation, a subsidiary or a third party, or considerations that relate to those negotiations, whether the negotiations are continuing or have been concluded or terminated,

                     (v)  financial, commercial, scientific or technical information of a third party provided to the corporation or a subsidiary in confidence,

                    (vi)  information respecting legal arrangements or agreements, including copies of the agreement or arrangements, which relate to the nature or structure of partnerships, joint ventures, or other joint business investments or activities,

                   (vii)  economic and financial models used for strategic decision making, including the information used as inputs into those models, and

                  (viii)  commercial information of a kind similar to that referred to in subparagraphs (i) to (vii),

but does not include information relating to an independent contractor's

                    (ix)  name,

                     (x)  position or function with the corporation,

                    (xi)  remuneration, and

                   (xii)  payments received from the corporation;

             (2)  Section 2 of the Act is amended by adding immediately after paragraph (d) the following:

         (d.1)  "independent contractor" means a person retained under a contract to perform services for the corporation;

 

        2. The Act is amended by adding immediately after section 34 the following:

No liability re: disclosure of information

   34.1 An action or proceeding does not lie or shall not be instituted or continued against the corporation, an officer, employee or agent of the corporation, the Crown or a minister, employee or agent of the Crown based on a cause of action arising from, resulting from or incidental to the disclosure of information in accordance with this Act.