1. Each Party shall, before the date of entry into force of this Agreement, appoint an individual (the "screener") to review requests made under Article 1711(1) or (2). The screener shall be independent of government and capable of making an independent decision on the merits of the request. Notice of the appointment shall be delivered to the other Parties and the Secretariat.
2. The screener shall follow the Screener Process Guidelines filed with the Secretariat.
3. Where notice is provided under Article 1711(3), the screener of the Party that delivered notice to a person under Article 1710(4) or (5) or Article 513(5) or (6) (Complaint Procedures -Provinces) shall, within 30 days after the date of its delivery, review the request to determine whether the person should be permitted to commence dispute resolution Proceedings.
4. In deciding whether the person should be permitted to commence dispute resolution Proceedings, the screener shall take into account the following:
(a) whether the complaint is frivolous or vexatious;
(b) whether the complaint has been instituted merely to harass the Party complained against; and
(c) whether there is a reasonable case of injury or denial of benefit to the person or, in the case of a trade union, injury or denial of benefit to its members.
5. Where a dispute resolution Proceeding is commenced under Article 1711(1)(a), the screener shall also determine the chapter of Part IV under which the person shall proceed.
6. The screener shall decide whether to accept or reject the person’s request within 30 days after the date of delivery of the request. If the screener rejects the person’s request, the screener shall, within that 30 day period, provide written notice to the person of the screener’s decision, including the reasons for the decision. If the screener determines that the person may proceed, the screener shall, within that 30 day period, provide written notice, including the reasons, to the person, the Party that refused to initiate Proceedings or request a panel, the Party complained against and the Secretariat. Failure to provide such notice to the person within the 30 day period is deemed to be an approval.
7. If the screener determines under paragraph 6 that the person may proceed, then the person and the Party complained against may agree to proceed directly under Article 1714.