Marathon Joint Review Panel Revises Procedures
JOINT REVIEW PANEL MARATHON PGM-Cu MINE
Marathon Joint Review Panel Secretariat
160 Elgin Street, 22nd Floor Ottawa, ON K1A 0H3
MarathonMine.Review@ceaa-acee.gc.ca
MARATHON, ON – February 17, 2012, the Joint Review Panel reviewing the propose Marathon Platinum Group Metals and Copper Mine project invited comments on draft Procedures for Requesting Confidentiality. All comments received are available on the public registry.
Based on the comments received, the Panel has modified the following sections of the Procedures for Requesting Confidentiality:
- Section 2.3, 5th bullet
- Section 2.6
- Section 2.8
The final Procedures for Requesting Confidentiality are below.
Sincerely,
<Originally signed>
Louis Lapierre, Chair
Joint Review Panel Marathon PGM-Cu Mine
FINAL PROCEDURE FOR REQUESTING CONFIDENTIALITY
1.0 Introduction
1.1 Article 2.9 of the Marathon Joint Review Panel’s Terms of Reference indicates that all information obtained by the Joint Review Panel (the Panel) shall be made publically available, unless the Panel determines that sections 35(3), 35(4) or 35(4.1) of the Canadian Environmental Assessment Act (the Act) apply to the information provided by a participant.
1.2 Section 35 of the Act provides a review panel with the power to order that the evidence, documents or other information of a participant be held confidential and not be disclosed if disclosure would cause specific, direct and substantial harm to a witness or would cause specific harm to the environment.
1.3 Therefore, the Panel wishes to establish a process for participants to request confidentiality prior to the commencement of the public comment period and the public hearing and for the Panel to consider and decide on such requests.
2.0 Procedure for Requesting Confidentiality
2.1 Any participant intending to submit to the Panel information or documents which the participant wishes to keep confidential must make a request in writing to the Panel.
2.2 A request for confidentiality should be made as early as possible, and prior to or concurrent with submitting the information or documents for which the participant is requesting confidentiality. Notwithstanding, the Panel shall retain discretion to consider requests made at any time.
2.3 The request must clearly identify the following:
- which information or documents the participant wishes to keep confidential;
- the nature of the information or documents the participant wishes to keep confidential;
- from whom the participant wishes to keep the information or documents confidential;
- whether the participant making the request is also requesting that the Panel modify the Hearing Procedures to allow for the presentation of information at the hearing in such a way as to keep the information confidential (for example, by the Panel holding an in camera session); and the grounds on which the request is made, including an explanation of what harm the participant or the environment would suffer should the information or documents not be held confidential.
2.4 A request for confidentiality will be placed in the public registry. The Panel will provide all interested parties with the opportunity to comment on a request for confidentiality. The participant making the request will then be afforded the opportunity to respond to comments submitted.
2.5 After it has received a request for confidentiality, any comments on that request and any response to those comments by the party making the request, the Panel will consider and make a decision on the request. In deciding a request for confidentiality, the Panel may approve or deny the request or approve it subject to conditions intended to protect the confidential information while at the same time ensuring that the assessment of the project and the public hearing are conducted in a manner that encourages public input and participation.
2.6 Without limiting the Panel’s discretion, an approval may be made conditional on one or more parties, including the Proponent, signing a Confidentiality Agreement setting forth the terms on which that party may see or use the confidential information that is before the Panel.
2.7 In the event the Panel denies a request for confidentiality regarding information that has already been submitted, the information which the requesting party had sought to keep confidential shall be returned by the Panel to that party and will be considered to have been withdrawn, unless the party expressly advises the Panel that it wishes to file the information and waive confidentiality.
2.8 In its final report, the Panel will describe how any confidential information has been considered and used in its conclusions and recommendations.
