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Request for Disclosure of Registrant Information

Accessible version follows:

Request for Disclosure of Registrant Information – Rules and Procedures
Version 1.8 (April 8, 2022)

Background

These Rules and Procedures are implemented pursuant to CIRA’s Privacy Policy, to provide the process for certain persons to request the disclosure, under certain limited and specified circumstances, of certain specific information of Registrants that is not publicly available through CIRA’s WHOIS search tool.

Except as expressly specified herein or in the Policy, any other request for disclosure of information of Registrants must be by way of an order, ruling, decision, subpoena, warrant, or judgment.

These Rules and Procedures outline:

  • What specific information of Registrants may be disclosed under these Rules and Procedures, pursuant to a request for disclosure;
  • Who may request such information be disclosed by CIRA, pursuant to these Rules and Procedures (“Requestors”); and
  • What express requirements the Requestors must meet, before CIRA will consider disclosure of information, pursuant to a request.

All capitalized terms used herein but not defined, shall have the meanings as set out in CIRA’s Registrant Agreement or Registrar Agreement.

Rules and Procedures

  1. Information Subject to Disclosure

    These Rules and Procedures provide for the potential disclosure of the following information of Registrants, as found in the CIRA Registry:

    1. The name of the Registrant;
    2. The postal address and email address of the Registrant (if available);
    3. The name of the Registrant’s Administrative Contact and Technical Contact; and
    4. The postal address and email address of the Registrant’s Administrative Contact and Technical Contact;

    (collectively, “Information”). .

    CIRA will not disclose any other information under these Rules and Procedures.

  2. Who May Request Disclosure of Information

    Requestors must be a person who complies with all of the obligations of Section 3 below.

  3. Requirements

    To be able to request Information, a Requestor must meet all of the following requirements:

    1. The Information is not publicly available through CIRA’s WHOIS search tool.
    2. The Requestor must have a current, good faith Dispute with a Registrant. For purposes of these Rules and Procedures, “Dispute” means that a Requestor reasonably believes in good faith that a Registrant’s domain name and/or its content:
      1. infringes Requestor’s Canadian: (i) registered trademark, (ii) registered copyright, or (iii) issued patent;
      2. infringes Requestor’s Canadian registered (Federal or Provincial) corporate, business or trade name; or
      3. is making use of the Requester’s personal information without their knowledge or consent to pass off as or impersonate them in order to commit a crime (such as fraud, theft or forgery), to procure money, credit, loans, goods or services without authorization. (Identity Theft)

      Nothing else shall constitute a Dispute hereunder.

    3. The Requestor or their authorized representative must provide such supporting documentation regarding the applicable Dispute as may be required by CIRA, from time to time (the “Supporting Documentation”).
    4. The Requestor or their authorized representative must be requesting the Information only in order to try and resolve the Dispute, and the Information, if provided, may not be used (in whole or in part) for any other reason.
    5. The Requestor or their authorized representative must have both: (a) attempted to send a message regarding the Dispute to the Registrant through the Interested Party Contact Procedure (accessible on the CIRA website), no less than 14 calendar days prior to this request; and (b) was not able to resolve the Dispute through this mechanism. Communications through other means, or regarding other matters, do not satisfy this requirement.
    6. The request for the Information of the Registrant must be in the applicable form as specified by CIRA from time to time. The form must be: (i) accurately and fully completed; (ii) signed by the Requestor or their appointed representative, certifying full compliance with the requirements of these Rules and Procedures and that the information in the form is truthful and correct; and (iii) the original sent by postal mail, courier or delivered in person to the address specified in the form.
    7. The form must be accompanied by the applicable Supporting Documentation
  4. CIRA Response

    CIRA will respond to the request as quickly as possible after receipt of a form. CIRA reserves the right not to respond to a request, or to refuse a request where the Requestor did not, or CIRA believes may not, fully comply with all of the requirements of these Rules and Procedures.

  5. Notice to Registrant

    If CIRA approves a request hereunder, CIRA shall, unless prohibited by law, not less than 30 and not more than 60 days after disclosure of the Information, use reasonable efforts to send an email to the Administrative Contact of the Registrant indicating: (a) that CIRA has disclosed the Information; and (b) the name of the Requestor to whom CIRA has disclosed the Information.

REQUEST FOR DISCLOSURE OF REGISTRANT INFORMATION

  1. Contact information for person making the request (“Requestor”):

    Name: _____________________________________

    Postal Address:
    _____________________________________
    _____________________________________
    _____________________________________

    Email Address: _____________________________________

  2. If this request is made on behalf of another person, the contact information for that person:

    Name: _____________________________________

    Postal Address:
    _____________________________________
    _____________________________________
    _____________________________________

    Email Address: _____________________________________

  3. 3. Specify the CIRA domain name for which the Information is being requested (Note: If Information is being requested regarding more than one domain, a separate Request Form is required for each domain):
    _______________________________________
  4. Check mark the type of Dispute for which you are making this request, and attach the required Supporting Documentation:
    Dispute Required Supporting Documentation
    [  ] Registered Canadian Trade-mark Required Supporting Documentation
    [  ] Registered Canadian Copyright Certified or Notarized copy of Canadian Trademark Registration
    [  ] Registered Federal or Provincial corporate, business or trade name Federal or Provincial Corporations: Current Certificate of Status or equivalent document, e.g. Certificate of Compliance, Certificate of Good Standing

    Certified Business or Trade Names: Certified Detailed Business Name Report

    [  ] Issued patent Certified or Notarized copy of Canadian Patent
    [  ] Identity theft 1. Completed Identity Theft Statement, available from the Consumer Measures Committee : Available at http://www.cmcweb.ca/epic/site/cmc-cmc.nsf/vwapj/IDTheftStatement.pdf/$FILE/IDTheftStatement.pdf

    and

    2. Proof of identity (Notarized Copy of a valid document issued by a federal, provincial, municipal authority, which must include the bearer’s name and signature. For example: Provincial driver’s licence, Provincial health care card, Other provincial identification card, Other federal identification card, Certificate of Indian Status, Old Age Security card, Federal, provincial or municipal employee identification card, or Canadian passport).

  5. Indicate the specific date in which you sent correspondence to the Registrant through the Interested Party Contact Procedure, regarding the Dispute.(dd/mm/yy): _______________________________________
  6. I certify that I have fully complied with the requirements of these Rules and Procedures, including without limitation:
    1. I, or the person I am authorized to represent, have a current, good faith Dispute with a Registrant, as indicated above;
    2. I have attempted to communicate with the Registrant regarding the Dispute through the Interested Party Contact Procedure, no less than 14 calendar days prior to this request, but have not been able to resolve the Dispute through this mechanism;
    3. This request is made in good faith for the purposes of attempting to resolve the Dispute with the Registrant, and I will use the Information received through this request solely for the purposes of resolving the Dispute with the Registrant, and for no other purpose; and
    4. All the information set out in this request form is complete and correct.

Signature: _____________________________________

Name: _____________________________________

Title or capacity (if applicable): _____________________________________

Date: _____________________________________

Please submit one original signed copy of the completed form in person, by postal mail or courier to:

Disclosure Requests
Canadian Internet Registration Authority
979 Bank Street, Suite 400
Ottawa (Ontario) K1S 5K5

Please also email a copy of your correspondence to [email protected]

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