46Decision on application for confidential information not to be publicly disclosed

46 Decision on application for confidential information not to be publicly disclosed

(1) If an application is made under subsection 44(1) in relation to confidential information, the Minister must decide whether or not to approve the application. Matters the Minister must have regard to (2) In deciding whether or not to approve the application, the Minister must have regard to: (a) whether public disclosure of the confidential information could reasonably be expected to substantially prejudice the commercial interests of an applicant; and (b) whether the prejudice outweighs the public interest in the public disclosure of the confidential information. Minister must not approve the application in certain cases (3) The Minister must not approve the application to the extent that the application relates to confidential information that is: (a) physical and chemical data about a relevant industrial chemical that does not reveal the chemical’s composition; or (b) summaries of data relating to risks to human health or the environment from the export, import, manufacture or use of a relevant industrial chemical. Notice of decision (4) If the Minister decides to approve the application, the Minister must, within 14 days after making the decision, give the applicant or applicants written notice of the decision. (5) If the Minister decides to not approve the application, the Minister must, within 14 days after making the decision, give the applicant or applicants written notice of the following: (a) the decision; (b) the reasons for the decision; (c) the effect of section 61; (d) information regarding their rights to seek reconsideration or review of the decision under sections 47 and 48.

Note: If the Minister decides not to approve the application, the Minister may publicly disclose the confidential information to which the application related if any such rights have been exhausted or have expired: see section 61.