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PUBLIC VERSION

Global Affairs Canada
Department of Justice
Affaires mondiales Canada
Ministère de la Justice

CANADA

125 Sussex Drive
Ottawa, Ontario
K1A 0G2

November 12, 2019

VIA EMAIL

Mr. Cavinder Bull, SC
Drew & Napier LLC
10 Collyer Quay
10th Floor Ocean Financial
Centre
Singapore 049315
cavinder.bull@drewnapier
.com
Mr. Doak Bishop
King & Spalding LLP
1100 Louisiana
Suite 4000
Houston, Texas 77002
[email protected]
Sir Daniel Bethlehem
QC

20 Essex Street
London, WC2R 3AL
[email protected]
om

Dear Members of the Tribunal:

Re: Tennant Energy LLC v. Government of Canada

Pursuant to paragraph 17 of the Confidentiality Order (“CO”), please find attached Annex A, containing Canada’s responses to the Claimant’s objections to Canada’s Confidentiality Designations, made on October 9, 2019.

In the Claimant’s letter of October 29, it raised objections to Canada’s designations that were not set out in the Annex provided by the Claimant. Specifically, the Claimant’s letter stated “Canada has redacted a large amount of information (at pages 5-7) referring to the existence of [Redacted] as well as to references to [Redacted]...”. Nevertheless, Canada maintains that the designated information does in fact meet the definition of Confidential Information, as set out in paragraph 1(b) of the CO.

For the reasons set out in the attached Annex, Canada requests that the Tribunal reject the Claimant’s objections, and uphold all of the designations asserted by Canada in its Response to the Claimant’s Request for Interim Measures dated September 23, 2019, and exhibits R-021 and R-022.

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Yours very truly,

Signature

Lori Di Pierdomenico
Senior Counsel
Trade Law Bureau

cc:

Barry Appleton, [email protected] (Appleton & Associates)
Ed Mullins, Cristina M. Cárdenas (Reed Smith LLP)
Christel Tham, Diana Pyrikova (Permanent Court of Arbitration)
Annie Ouellet, Susanna Kam, Mark Klaver, Maria Cristina Harris, Johannie Dallaire (Trade Law Bureau)