A-5 – Security of Third Party Business Information Submitted to Measurement Canada

Date: 2014-12-08
Bulletin: A-5, rev. 1
Category: Programs for authorized service providers
Document(s): Criteria for the Accreditation of Organizations to Perform Inspections Pursuant to the Electricity and Gas Inspection Act and the Weights and Measures Act (S-A-01); Registration Program Terms and Conditions.
Supersedes: A-5


Table of Contents


Note:

For the purpose of this bulletin, "trade sector" has the same meaning as "category of trade".

1.0 Purpose

The purpose of this bulletin is to inform organizations seeking to be recognized as authorized service providers under one of the Measurement Canada alternative service delivery programs of the disposal and disclosure of third party information. The content of this bulletin was previously available in a communiqué dated April 12, 2005.

2.0 Background

Measurement Canada is subject to subsection 20(1) of the Access to Information Act, which provides for non-disclosure of certain third party information provided to the agency:

20(1) Subject to this section, the head of a government institution shall refuse to disclose any record requested under this Act that contains (a) trade secrets of a third party; (b) financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party and is treated consistently in a confidential manner by the third party; (b.1) information that is supplied in confidence to a government institution by a third party for the preparation, maintenance, testing or implementation by the government institution of emergency management plans within the meaning of section 2 of the Emergency Management Act and that concerns the vulnerability of the third party's buildings or other structures, its networks or systems, including its computer or communications networks or systems, or the methods used to protect any of those buildings, structures, networks or systems; c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, a third party; or (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party.

All requests made to Measurement Canada for disclosure of third party information are forwarded to Industry Canada's Access to Information and Privacy Office. Industry Canada's Handling and Safeguarding of Classified and Protected Information and Assets policy assigns protected status for third party information. No protected information is released outside of Measurement Canada without the permission of the third party. No protected information is released within Measurement Canada unless it is assured that the recipient has the appropriate security clearance and a need to know requirement. Before disposing of any quality management system documentation associated with Measurement Canada's accreditation program, Measurement Canada contacts the accredited organization to determine if the documents should be returned to it or destroyed by shredding or incineration at approved Industry Canada disposal sites. If the documents are returned to the accredited organization, it is done in person or by means which ensure there is a receipt to confirm the return of the documents. All other third party information in the possession of Measurement Canada is disposed of by shredding or incineration at approved Industry Canada disposal sites.

3.0 Revisions

The initial version of this bulletin became effective March 4, 2009.

3.1 The purpose of revision 1 (December 8, 2014) is to:

  • clarify that the term "trade sector" has the same meaning as the term "category of trade";
  • make minor editorial corrections.

4.0 Additional information

For additional information regarding this bulletin, please consult the contact us section of the Measurement Canada website or your departmental contact. The copy of this document located on Measurement Canada's website is considered to be the controlled copy.

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