Nalcor is clarifying comments from Independent MHA Paul Lane suggesting that Nalcor is exempted from the Access to Information and Protection of Privacy Act through the new Energy Corporation Act.

Lane says the new Oil and Gas Corporation will operate under what he calls the same “veil of secrecy” as did Nalcor when it comes to commercially-sensitive information.

Lane says he sought changes to the legislation in the House of Assembly, claiming Nalcor is exempt from ATTIPA, as is OilCo.

Nalcor Energy says Nalcor and all its subsidiaries are subject to ATIPPA legislation, and their responses are posted publicly.

The new Energy Corporation Act does contain a section related to commercially-sensitive information. In those cases, the CEO can decide not to disclose that information if it is deemed to be harmful to its competitive or negotiation position, or result in financial loss or harm to the corporation, a subsidiary or third party.

Lane says the problem is that there are no checks on what is determined to be commercially-sensitive.

He says Nalcor or OilCo don’t have to explain or demonstrate why information might be considered commercially-sensitive, and there’s no mechanism for appeal.