Environmental Protection Review Canada
Symbol of the Government of Canada

Declaration and Undertaking

Subject Matter: __________________________________________

File No.: ________________________________

I, _________________________________________________, act as counsel
of record for __________________________________________________________.

In this capacity, I request access to the confidential information in the record of the proceeding.

Declaration

I hereby declare that:

I am a member of the Bar of Province or Territory in Canada.

Undertaking

I hereby undertake:

  1. to use the information disclosed under the conditions of this Undertaking exclusively for duties performed in respect of the subject proceeding;
  2. not to divulge information disclosed under the conditions of the Undertaking except to a person granted access to such information or to personnel of Environmental Protection Review Canada;
  3. not to reproduce, in any manner, information disclosed under the conditions of this Undertaking without prior written approval by Environmental Protection Review Canada;
  4. to keep confidential and to protect the information in any form (including electronic) disclosed under the conditions of the Undertaking in the following manner, namely,
    1. will keep in my office or under my control, at all times, the complete set of documents made available to me under the conditions of this Undertaking;
    2. will store all documents and materials containing information disclosed under the conditions of this Undertaking in a locked vault, safe or other secure storage device when the documents and materials are not being used; and
    3. confidential documents, exhibits and other information will not be sent to counsel by electronic means. Where electronic information is provided, counsel will be asked to provide in their Declaration and Undertaking a statement regarding the safeguarding of electronic information and an undertaking to delete all information from computers and networks.
  5. to return to the Secretary, under the direction of the Secretary, all documents and materials containing information disclosed under the conditions of this Undertaking, including notes, charts and memoranda based on such information, or to destroy such documents and materials and to file with the Secretary a certificate of destruction pertaining to the destroyed documents and materials at the end of the proceeding or within 10 days after the end of my participation in the proceeding;
  6. if the party that I represent files a Notice of Change of Counsel of Record, within 10 days after the filing of that Notice,
    1. to return to the Secretary, under the direction of the Secretary, all documents and materials containing information disclosed under the conditions of this Undertaking, including notes, charts, memoranda based on such information;
    2. to destroy such documents and materials and to file with the Secretary a certificate of destruction pertaining to such destroyed documents and materials; or
    3. to entrust such documents and materials to the new counsel who is replacing me in the proceeding, who has signed a Declaration and Undertaking and who has been granted access to such information.
  7. to report promptly to Environmental Protection Review Canada any violation of a Declaration and Undertaking; and
  8. to inform Environmental Protection Review Canada immediately of any changes in the facts referred to in this Undertaking.

Dated at ____________________ this _______ day of ______ ______ 20_____.

Signature: ________________________________________________________
Name (print): ________________________________________________________
Address: ________________________________________________________
________________________________________________________

Telephone: ________________________________________________________
Fax: ________________________________________________________
E-mail: ________________________________________________________

Form 02-2003