BCN 2006/27 Adoption of BC Policy 13-602 Confidentiality of Records [BCN]
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Effective December 15, 2006, the Commission adopts BC Policy 13-602 Confidentiality of Records. The Policy provides guidance to market participants about the confidentiality of records filed with the Commission. It indicates what the Commission considers when making a decision to hold a record confidential and how to make an application for a record to be held confidential. It also explains that, despite deciding to hold a record confidential, the Commission might later decide to release a record if it receives a request under the Freedom of Information and Protection of Privacy Act.
On September 13, 2006, we published the Policy for comment. During the comment period, we received only one comment. The commenter asked if we should clarify that the Policy does not affect section 6.1(2) of Companion Policy 21-101 Marketplace Operation (which says the Commission will keep confidential the forms filed by a marketplace under the related instrument). The clarification is not necessary because the Policy only provides guidance about what the Commission considers when making a decision under section 169(4). It does not affect any decisions the Commission has already made under section 169(4), either on individual records or on types of records like those referred to in 21-101CP.
The Policy supercedes section 21.9 of BC Policy 45-601 Statutory and discretionary exemptions.
You may refer questions to:
Senior Legal Counsel
British Columbia Securities Commission
December 8, 2006
Douglas M. Hyndman
Ref: BCN 2006/19 Request for Comment on Proposed BC Policy 13-602 Confidentiality of Records
BC Policy 13-602 Confidentiality of Records
BC Policy 45-601 Statutory and discretionary exemptions
This Notice may refer to other documents. These documents can be found at the B.C. Securities Commission public website at www.bcsc.bc.ca in the section Securities Law & Policy: Policies & Instruments.