Third

Session, 48th General Assembly

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

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

S.2 Amdt.

Definitions

S.34.1 Added

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(1) Paragraph 2(b.1) of the Energy Corporation Act is repealed and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

Queen's Printer