TSB Policy on Representations on Confidential Draft Reports

In accordance with the CTAISB Act, Subsection 24(1), upon completion of any investigation, the Board must prepare a report on its findings and make it available to the public. However, before making the report public, the Board is required, pursuant to Subsection 24(2) of the Act, to send, on a confidential basis, a copy of the draft report to each Minister and any other person who, in the opinion of the Board, has a direct interest in the findings of the Board.

Policy

The Board will provide a reasonable opportunity for representations on the confidential draft reports of its investigations to those persons or organizations deemed necessary to assist the Board. As underlying principles, the Board strives to ensure that fairness, accuracy, confidentiality, international commitments, and legal obligations, as outlined in the Act, are taken into account when making such a determination.

For ease of reference and day-to-day use, this phase of the investigation will be referred to as the "Confidential Draft Report Review" (CDR Review). Persons and/or organizations invited to make representations shall be referred to as "Designated Reviewers" of the CDR.

Factors the Board will consider in determining who will be a Designated Reviewer are:

  • Those whose performance or behaviour or products may be commented on in the report and who may see themselves as being adversely affected by the report. This may include the next of kin of a deceased person so affected or the Bankruptcy Trustee of such a company.
  • Those who because of a substantial and identifiable interest in the matter or because of their involvement in the investigation, may otherwise contribute to the completeness and accuracy of the report, e.g. government regulator, accredited representatives of another country.

Note: Designated Reviewers may choose to have someone else make representations on their behalf.

Designated Reviewers will be provided with a Confidential Draft Report, or those sections which may affect them, and be invited to make representations.

These representations will normally be in writing and forwarded to the Board within 30 days. The Board's disposition of these representations will be communicated back to the Designated Reviewer in writing.

14 November 2001