Confidentiality and disclosure guidelines for Special Import Measures Act proceedings

Submit electronically using secure e-filing

To submit information to the Trade Remedies Registry, navigate to the ACE web application. After you register as a user of the ACE web application, you can access the secure e-filing tool.

For more information about file size limitations, acceptable file types and upload/download limits for the ACE web application, please consult the section below and the ACE web application user guide.

Organize your electronic files

Follow these requirements when preparing the electronic files for your submission:

Do

• Include a confidentiality status in each filename (public, non-confidential, protected, confidential) so the purpose of every document is clear
• Keep your folder structure simple. Use simple folders inside a single zip file to keep your structure easy to navigate
• Use accepted files types, follow naming convention requirements and stay within upload limits (see: Upload documents using secure e-filing)

Do not

• Use nested zip files or long, complex file paths
• Password-protected or encrypt files or folders. The CBSA cannot accept protected or encrypted content for security reasons, and your submission will be rejected
• Use embedded hyperlinks in non-confidential documents
• Exceed file size, use invalid file naming or upload unacceptable file types (see: Upload documents using secure e-filing)

Submission of non-confidential information only

To submit information to the CBSA in a SIMA proceeding, navigate to the ACE web application login. After you register as a user of the ACE web application, all users can access non-confidential (public) exhibits from the CBSA’s administrative records for ongoing proceedings under SIMA. Eligible users will also be able to access confidential/protected exhibits. These individuals will only be granted special access in compliance with requirements under SIMA and in accordance with CBSA guidelines.

Use the YYYY-MM-DD format for all dates. For example, write October 23, 2019 as 2019-10-23.

Narrative or text responses must be provided in a Microsoft Word compatible format. Spreadsheets or data responses must be provided in a Microsoft Excel compatible format. Files may be submitted in a compressed ZIP format, but not RAR.

For more information about file size limitations, acceptable file types and upload/download limits for the ACE web application, please consult the ACE web application user guide.

Your response must state each numbered question followed by a complete response. If a question does not apply to your company or requests information in a format that is different than that in which it is maintained, an explanation as to why the question does not apply or how the information was adjusted to respond to the question is required.

Your response must be in either English or French. Any source material that you provide must be in the document’s original language and must be accompanied by a translation in either English or French.

Submission of non-confidential information only

Where a submission contains no confidential information, each page must be labelled as “non-confidential” or “public”, and the classification must also be included in the electronic naming convention of the document. The submission must be accompanied by a cover letter stating that it does not contain any confidential information and can be released to the public.

Submission of confidential information

In the case that a submission contains confidential information, the confidential version must:

• clearly identify confidential information by enclosing it within square brackets and highlighting all confidential information therein and
• have every page labelled as "confidential" or “protected”, including all attachments, and the classification must also be included in the electronic naming convention of the document

Further, when you are providing confidential information for the first time in respect of a SIMA proceeding, a designation of confidential information must also be provided. Please refer to the designation of confidential information template available in the Templates.

In order for submissions containing confidential information to be accepted as exhibits and taken into consideration by the CBSA, a designation of confidential information must be on record with the CBSA regarding the subject proceeding, and a non-confidential version of the information must be provided in each instance.

The non-confidential version is a public version of the same document with the confidential information fully removed, and must contain sufficient detail to enable readers to understand the nature of the submitted information, as they are provided to other parties involved in the proceeding and members of the public upon request.

A non-confidential version may be submitted either as a bracketed version, or as summary, as described below:

1. Non-confidential bracketed version

This is a duplicate of the confidential version with all confidential information removed. The parts where confidential information was deleted should clearly be identified in square brackets and highlighted. Only confidential information may be removed, and a sufficient level of detail must be left in the non-confidential bracketed version to provide a clear understanding of the substance of the information.

The non-confidential versions must have every page labelled as “non-confidential” or “public”, including all attachments, and the classification must also be included in the electronic naming convention of the document.

2. Non-confidential summary version

Where deleting information for a non-confidential bracketed version would not leave enough detail to provide an understanding of the confidential information removed, a non-confidential summary of the deleted information must be included, describing the confidential information that has been removed, the name of the party and the reason why the information must remain confidential.

Disclosure undertaking

By signing a disclosure undertaking, counsel agrees:

• to use the information exclusively for duties performed in respect of the proceeding;
• not to divulge the information except to personnel of the Trade Programs and Operations Directorate
• to protect the information in a specified manner;
• to destroy the information on completion of the proceeding, or if they no longer represent the party, and notify the CBSA of the destruction of the information; and
• to report any violations or suspected violations of a disclosure undertaking to the CBSA.

The disclosure undertaking must be signed by counsel certifying to these matters. Please refer to the disclosure undertaking template available in the Templates.

A disclosure undertaking is valid from the date it has been approved and expires on December 31 of the fifth year. If counsel represents parties in future SIMA proceedings, he/she can submit a copy of the valid disclosure undertaking and a letter of authorization signed by the party he/she represents in order to obtain access to confidential exhibits.

Counsel will be notified if the disclosure undertaking has been approved by a director of the Trade Programs and Operations Directorate. Where disclosure is not granted, a letter to counsel will provide reasons.

The CBSA may reject a disclosure undertaking request where there is reason to believe that counsel has violated a disclosure undertaking in the past with the CBSA, with the Canadian International Trade Tribunal or with a NAFTA or CUSMA Binational Panel.

The CBSA may also suspend a counsel's disclosure undertaking if a certificate of destruction is not submitted in a timely manner. For more information, please refer to Change of counsel and Destruction of confidential information.

Obtaining confidential information

Only eligible users will be able to access and download confidential exhibits when logged in to their ACE web application user account. These eligible users will be granted special access in compliance with requirements under SIMA.

Eligible users must meet the following criteria to be granted access:

• Meet the requirements of counsel as defined by SIMA and be a resident of Canada
• Have a valid disclosure undertaking on file with the CBSA
• Be representing a party in an ongoing SIMA proceeding
• Be a member of a firm account in good standing, located within Canada
• Be verified by the Trade Remedies Registry

For more information, please see the ACE web application user guide or contact the Trade Remedies Registry via email.

Requesting permission to share company-specific information

In the course of a SIMA proceeding, counsel may submit exhibits with confidential information relating to companies other than their clients. Counsel with a valid disclosure undertaking may request permission from the director of the Trade Programs and Operations Directorate to share the confidential version of an exhibit with the company they are representing, where the information contained in the exhibit is specific to that company.

Change of counsel

Where a party to a proceeding changes counsel, the party must submit a letter identifying the previous counsel and stating that such counsel no longer acts on its behalf and a letter of authorization identifying the new counsel. In such cases, the first counsel must destroy confidential exhibits and materials that have been obtained pursuant to the proceeding and confirm their destruction, by providing the CBSA with a certificate of destruction. Please refer to the certificate of destruction template available in the Templates. These activities must be completed within 30 days after the party filed notice with the CBSA that counsel has changed.

Destruction of confidential information

Counsel must destroy all exhibits and materials containing information disclosed under the conditions of the disclosure undertaking, including notes, charts and memoranda based on such information at the completion of a SIMA proceeding. Counsel must provide a written statement to the CBSA certifying to these matters, within:

• 45 days of the completion of a SIMA proceeding, other than a scope proceeding or an expiry review proceeding
• 105 days of the completion of a scope proceeding
• 205 days of the completion of an expiry review proceeding or
• 30 days of the end of counsel's participation in a proceeding

Where counsel with disclosure authorization under a particular firm leaves the employ of that firm, that counsel will no longer be representing parties in SIMA proceedings pursuant to their undertaking. In these cases, counsel leaving the firm must destroy confidential documents and materials which have been obtained under subsection 84(3) of the Act and notify the president of their destruction within 30 days after leaving the employ of the firm.

Please refer to the certificate of destruction template available in the Templates.

Postponement of destruction

In cases of an appeal to a CBSA finding, to the Federal Court of Appeal or the CITT, and/or judicial review, a postponement of destruction of confidential information may be requested by counsel. Requests for the postponement of the destruction of confidential information may be submitted through the ACE web application for consideration.

For more information, please contact the Trade Remedies Registry.