For the purposes of this Confidentiality Order:

(a) "disputing party" means, in the case of the Claimant, St. Marys VCNA, LLC.; and in the case of the Respondent, the Government of Canada (for the purposes of this Order defined to include the Government of Ontario, the City of Hamilton, the Regional Municipality of Halton, the Town of Milton, and Halton Region Conservation Authority), collectively the "disputing parties";

(b) "confidential information" means any information designated by a disputing party as confidential and which the Arbitral Tribunal accepts as confidential. A disputing party may designate as confidential, and protect from public disclosure, any information that may otherwise be released under the terms of this Confidentiality Order, on any of the following grounds:

(i) business confidentiality;

(ii) business confidentiality relating to a third party;

(iii) personal information (i.e., information about an identifiable individual to be protected from disclosure on grounds of personal privacy); and

(IV) information that is deemed to be financial, commercial, scientific or technical information supplied by third parties that has been treated as confidential information by those third parties.