1. For the purposes of this Confidentiality Order:

(a) “disputing party” means either Mercer International Inc. or the Government of Canada;

(b) “confidential information” means information designated by a disputing party as confidential on the grounds that it is:

(i) business confidential information of a disputing party,

(ii) business confidential information relating to a third party, and

(iii) information otherwise protected from disclosure by legislation, including, but not limited to and as amended, the Access to Information Act, R.S., 1985, c. A-1, the Canada Evidence Act, R.S., 1985, c. C-5, the Privacy Act, R.S. 1985, c. P-21, and the British Columbia Freedom of Information and Protection of Privacy Act, RSBC 1996, Chapter 165;