I'm not sure. This is about prejudice to business in an order issued by the Governor in Council. The minister has the decision to make to be satisfied that it would be prejudicial and shouldn't be disclosed. It's not the investor or the Canadian business that decides. They have an obligation without delay, so right away, to explain to the minister what their concerns are and then the decision in the act is with the minister.
On November 6th, 2014. See this statement in context.