a) "Business Confidential Information" includes:

i) trade secrets;

ii) financial, commercial, scientific or technical information that is treated consistently in a confidential manner by the Party, provincial, territorial or municipal government or third party to which it relates, including pricing and costing information, marketing and strategic planning documents, market share data, or detailed accounting or financial records not otherwise disclosed in the public domain;

iii) information the disclosure of which could result in material financial loss or gain to the Party, provincial, territorial or municipal government or third party to which it relates;

iv) information the disclosure of which could interfere with contractual or other negotiations of the Party, provincial, territorial or municipal government or third party to which it relates; or

v) other communications treated as confidential in furtherance of settlement between the Parties.

b) "Confidential Information" means information that is not publicly available and is designated by a Party as confidential on the grounds that it is:

i) Business Confidential Information of a Party or a provincial, territorial or municipal government;

ii) Business Confidential Information relating to a third party;

iii) information otherwise protected from disclosure under the applicable domestic law of the disputing State party including, but not limited to, and as amended, Canada’s Access to Information Act, the Canada Evidence Act, Canada’s Privacy Act, and Ontario’s Freedom of Information and Protection of Privacy Act;

iv) information that is deemed to be financial, commercial, scientific or technical information supplied by third parties that has been treated as Confidential Information by those third parties; or

v) information subject to a confidentiality order issued by a court or tribunal in proceedings unrelated to the present proceedings.

c) "Confidential Version" means the version of a Written Submission, transcript, correspondence from the Tribunal to the Parties, order or award that contains Confidential Information that has not been redacted and contains no Restricted Access Information or has been redacted to remove all Restricted Access Information.

d) "Party" means either Tennant Energy LLC or the Government of Canada.

e) "Public Document" means a Written Submission, transcript, correspondence from the Tribunal to the Parties, order or award that contains no Restricted Access Information or Confidential Information and no redactions of such information.

f) "Public Version" means the version of a Written Submission, transcript, correspondence from the Tribunal to the Parties, order or award that has been redacted to remove all Restricted Access Information and Confidential Information.

g) "Restricted Access Information" means Confidential Information within the meaning of paragraph 1(b) that is designated by a Party as restricted access on the grounds that:

i) the disclosure of this information to the other Party could result in a serious material gain or loss which could potentially prejudice the competitive position of the Party, provincial, territorial or municipal government or a third party to whom that information relates; or

ii) the information is highly sensitive Business Confidential Information that belongs or relates to a Party, provincial, territorial or municipal government or third party.

h) "Restricted Access Version" means the version of a Written Submission, transcript, correspondence from the Tribunal to the Parties, order or award that contains Restricted Access Information and Confidential Information that has not been redacted.

i) "Tribunal" refers to the members of the Tribunal, whether acting collectively or individually.

j) "Written Submission" includes substantive written submission made by way of letter or email, all Memorials, (Memorial, Counter-Memorial, Reply Memorial and Rejoinder Memorial) and accompanying documents filed with the Memorial, including, but not limited to: expert reports, witness statements, and exhibits.

a) a final Restricted Access Version of the Written Submission reflecting the final designations of Restricted Access and Confidential Information;

b) a final Confidential Version of the Written Submission reflecting the final designations of Confidential Information but with all Restricted Access Information redacted; and

c) a final Public Version of the Written Submission, with all Confidential and Restricted Access Information, redacted.

a) A Restricted Access Version of the award;

b) A Confidential Version of the award with all Restricted Access Information redacted; and

c) A Public Version of the award, with all Confidential and Restricted Access Information, redacted.

a) Members of the Tribunal (and their assistants, if any) and officials of the Registry to whom disclosure is reasonably considered by one or more Members of the Tribunal to be necessary;

b) counsel to a Party (and their support staff) or counsel to provincial, territorial or municipal governments whose involvement in the preparation or conduct of these proceedings is reasonably considered by a Party to be necessary in connection with the preparation of the Party’s case;

c) officials or employees of the Parties or of provincial, territorial, or municipal governments to whom disclosure is reasonably considered by the Party to be necessary in connection with the preparation of the Party’s case;

d) Representatives of Non-Disputing Parties;

e) independent experts or consultants retained or consulted by the Parties or by provincial, territorial, or municipal governments in connection with these proceedings;

f) witnesses, who in good faith are reasonably expected by a Party to otter evidence in these proceedings but only to the extent material to their expected testimony; or

g) court reporters and other hearing support staff.

a) Members of the Tribunal (and their assistants, if any) and officials of the Registry to whom disclosure is reasonably considered by one or more Members of the Tribunal to be necessary;

b) counsel to a Party (and their support staff) or counsel to provincial, territorial or municipal governments whose involvement in the preparation or conduct of these proceedings is reasonably considered by a Party to be necessary in connection with preparation of the Party’s case, excluding counsel to the Claimant who are also officials or employees of the Claimant;

c) independent experts or consultants retained or consulted by the Parties or by provincial, territorial, or municipal governments in connection with these proceedings; or

d) court reporters and other hearing support staff.

a. the Tribunal shall restrict access to that portion of the hearing only to: (i) authorized persons in accordance with the terms of this Order; and (ii) originators of the Confidential or Restricted Access Information; and

b. transcripts of those portions of the hearing in which Confidential Information and Restricted Access Information is used or discussed shall not be made public.