|
|
|
|
| R.S., c. C-5;
R.S., c. 27 (1st
Supp.), c. 19
(3rd Supp.);
1992, cc. 1,
47; 1993, cc.
28, 34; 1994,
c. 44; 1995, c.
28; 1997, c.
18; 1998, c. 9
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52. Section 19 of the Canada Evidence Act
is replaced by the following:
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| Copies by
Queen's
Printer
|
19. Every copy of any Act of Parliament,
public or private, published by the Queen's
Printer, is evidence of that Act and of its
contents, and every copy purporting to be
published by the Queen's Printer shall be
deemed to be so published, unless the contrary
is shown.
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53. Paragraph 20(c) of the Act is replaced
by the following:
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|
(c) by the production of a copy of them
purporting to be published by the Queen's
Printer.
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54. Paragraphs 21(b) and (c) of the Act
are replaced by the following:
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|
(b) by the production of a copy of the
proclamation, order, regulation or
appointment, purporting to be published by
the Queen's Printer;
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(c) by the production of a copy of the treaty
purporting to be published by the Queen's
Printer;
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55. Paragraph 22(1)(b) of the Act is
replaced by the following:
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(b) by the production of a copy of the
proclamation, order, regulation or
appointment purporting to be published by
the government or Queen's Printer for the
province; and
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56. The Act is amended by adding the
following after section 31:
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Authenti-
cation of
electronic
documents
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31.1 Any person seeking to admit an
electronic document as evidence has the
burden of proving its authenticity by evidence
capable of supporting a finding that the
electronic document is that which it is
purported to be.
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| Application of
best evidence
rule -
electronic
documents
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31.2 (1) The best evidence rule in respect of
an electronic document is satisfied
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|
(a) on proof of the integrity of the electronic
documents system by or in which the
electronic document was recorded or
stored; or
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|
(b) if an evidentiary presumption
established under section 31.4 applies.
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| Printouts
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(2) Despite subsection (1), in the absence of
evidence to the contrary, an electronic
document in the form of a printout satisfies the
best evidence rule if the printout has been
manifestly or consistently acted on, relied on
or used as a record of the information recorded
or stored in the printout.
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| Presumption
of integrity
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31.3 For the purposes of subsection 31.2(1),
in the absence of evidence to the contrary, the
integrity of an electronic documents system
by or in which an electronic document is
recorded or stored is proven
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(a) by evidence capable of supporting a
finding that at all material times the
computer system or other similar device
used by the electronic documents system
was operating properly or, if it was not, the
fact of its not operating properly did not
affect the integrity of the electronic
document and there are no other reasonable
grounds to doubt the integrity of the
electronic documents system;
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|
(b) if it is established that the electronic
document was recorded or stored by a party
who is adverse in interest to the party
seeking to introduce it; or
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(c) if it is established that the electronic
document was recorded or stored in the
usual and ordinary course of business by a
person who is not a party and who did not
record or store it under the control of the
party seeking to introduce it.
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| Presumptions
regarding
secure
electronic
signatures
|
31.4 The Governor in Council may make
regulations establishing evidentiary
presumptions in relation to electronic
documents signed with secure electronic
signatures, including regulations respecting
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(a) the association of secure electronic
signatures with persons; and
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(b) the integrity of information contained in
electronic documents signed with secure
electronic signatures.
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| Standards
may be
considered
|
31.5 For the purpose of determining under
any rule of law whether an electronic
document is admissible, evidence may be
presented in respect of any standard,
procedure, usage or practice concerning the
manner in which electronic documents are to
be recorded or stored, having regard to the
type of business, enterprise or endeavour that
used, recorded or stored the electronic
document and the nature and purpose of the
electronic document.
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| Proof by
affidavit
|
31.6 (1) The matters referred to in
subsection 31.2(2) and sections 31.3 and 31.5
and in regulations made under section 31.4
may be established by affidavit.
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| Cross-examin
ation
|
(2) A party may cross-examine a deponent
of an affidavit referred to in subsection (1) that
has been introduced in evidence
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(a) as of right, if the deponent is an adverse
party or is under the control of an adverse
party; and
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(b) with leave of the court, in the case of any
other deponent.
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| Application
|
31.7 Sections 31.1 to 31.4 do not affect any
rule of law relating to the admissibility of
evidence, except the rules relating to
authentication and best evidence.
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|
| Definitions
|
31.8 The definitions in this section apply in
sections 31.1 to 31.6.
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``computer
system''
« système
informati-
que »
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``computer system'' means a device that, or a
group of interconnected or related devices
one or more of which,
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(a) contains computer programs or other
data; and
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(b) pursuant to computer programs,
performs logic and control, and may
perform any other function.
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``data''
« données »
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``data'' means representations of information
or of concepts, in any form.
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``electronic
document ''
« document
électroni-
que »
|
``electronic document'' means data that is
recorded or stored on any medium in or by
a computer system or other similar device
and that can be read or perceived by a
person or a computer system or other
similar device. It includes a display,
printout or other output of that data.
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``electronic
documents
system''
« système
d'archivage
électroni-
que »
|
``electronic documents system'' includes a
computer system or other similar device by
or in which data is recorded or stored and
any procedures related to the recording or
storage of electronic documents.
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``secure
electronic
signature''
« signature
électronique
sécurisée »
|
``secure electronic signature'' means a secure
electronic signature as defined in
subsection 31(1) of the Personal
Information Protection and Electronic
Documents Act.
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57. Subsection 32(2) of the Act is replaced
by the following:
|
|
| Copies
published in
Canada
Gazette
|
(2) All copies of official and other notices,
advertisements and documents published in
the Canada Gazette are admissible in
evidence as proof, in the absence of evidence
to the contrary, of the originals and of their
contents.
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|
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|
|
| R.S., c. S-22;
R.S., c. 31 (1st
Supp.), cc. 31,
51 (4th
Supp.); 1993,
cc. 28, 34
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|
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|
58. Section 10 of the Statutory Instruments
Act is renumbered as subsection 10(1) and
is amended by adding the following:
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| Publication
|
(2) The Governor in Council may
determine the form and manner in which the
Canada Gazette, or any part of it, is published,
including publication by electronic means.
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|
59. Subsection 16(3) of the Act is replaced
by the following:
|
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| Deemed
publication in
Canada
Gazette
|
(3) For the purposes of this section,
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|
|
(a) if a regulation is included in a copy of the
Consolidated Regulations of Canada, 1978
purporting to be printed by the Queen's
Printer, that regulation is deemed to have
been published in the Canada Gazette; and
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|
|
|
(b) if a regulation is included in a copy of a
revision of regulations purporting to be
printed by the Queen's Printer, that
regulation is deemed to have been
published in the Canada Gazette.
|
|
|
|
|
|
| R.S., c. S-20;
1992, c. 1
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|
|
|
60. Section 1 of the Statute Revision Act is
replaced by the following:
|
|
| Short title
|
1. This Act may be cited as the Legislation
Revision and Consolidation Act.
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|
61. (1) The definition ``revision'' in
section 2 of the Act is replaced by the
following:
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|
``revision''
« révision »
|
``revision'' means
|
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|
|
(a) for the purposes of Part I, the
arrangement, revision and consolidation
of the public general statutes of Canada
authorized under that Part; and
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|
|
(b) for the purposes of Part II, the
arrangement, revision and consolidation
of the regulations authorized under that
Part.
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|
|
(2) Section 2 of the Act is amended by
adding the following in alphabetical order:
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|
``regulations''
« règlements »
|
``regulations'' means
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|
|
(a) statutory orders and regulations
published in the Consolidated
Regulations of Canada, 1978,
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|
|
(b) regulations, statutory instruments and
other documents published in the
Canada Gazette, Part II, after the
publication of the Consolidated
Regulations of Canada, 1978, and
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|
(c) any other regulations, statutory
instruments or documents that, in the
opinion of the Minister, are of continuing
effect or apply to more than one person or
body and that are not exempted from
publication pursuant to regulations made
under paragraph 20(c) of the Statutory
Instruments Act;
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|
|
62. Section 5 of the Act is replaced by the
following:
|
|
| Revision of
statutes
|
5. The Commission shall, from time to
time, revise the public general statutes of
Canada.
|
|
| 1992, c. 1,
s. 132
|
63. The heading before section 8 and
sections 8 to 10 of the Act are repealed.
|
|
|
|
64. The heading before section 11 and
sections 11 and 12 of the Act are replaced by
the following:
|
|
|
|
|
|
| Revision of
regulations
|
10. The Commission shall, from time to
time, revise the regulations.
|
|
| Powers of
Commission
|
11. In preparing and maintaining the
Revised Regulations and in keeping the
Revised Regulations up to date, the
Commission may exercise, in respect of the
regulations, the powers that it has under
section 6 in respect of a revision under Part I.
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|
| Deposit of
revision
|
12. (1) On receipt of a written report from
the Commission in respect of the completion
of all or any part of the Revised Regulations,
the Governor in Council may cause a printed
Roll of the regulations, attested under the
signature of the Minister and the President of
the Privy Council, to be deposited in the office
of the Clerk of the Privy Council, and the Roll
shall be held to be the original of the
regulations included in it.
|
|
| Schedule
|
(2) There shall be appended to each Roll a
schedule similar in form to the Schedule to
Appendix I appended to the Revised Statutes
of Canada, 1985, and the Commission may
include in the schedule a list of all regulations
and parts of regulations that, although not
expressly repealed, are superseded by the
regulations included in the Roll, or are
inconsistent with them, and a list of all
regulations and parts of regulations that were
for a temporary purpose the force of which is
spent.
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|
|
65. (1) Subsection 13(2) of the Act is
replaced by the following:
|
|
| Effect
|
(2) On the day referred to in subsection (1)
in respect of any Roll, the regulations included
in that Roll shall accordingly come into force
and have effect as law as part of the Revised
Regulations to all intents as if each regulation
had been made by the appropriate
regulation-making authority and all the
requirements with respect to the making of
that regulation had been complied with.
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|
|
(2) Subsection 13(3) of the English
version of the Act is replaced by the
following:
|
|
| Repeal
|
(3) On the day referred to in subsection (1),
all regulations and parts of regulations listed
in the schedule to the Roll are repealed to the
extent mentioned in that schedule.
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|
|
66. Sections 15 to 17 of the Act are
replaced by the following:
|
|
| Bound
volumes
|
17. If the Commission has, as of a day
selected by it, revised all the regulations that
it is required to revise under section 10 to that
day, it shall cause the Revised Regulations to
be published in the form of bound volumes,
and the regulations to be included in them
shall be those that have been revised as of that
day, and that day shall be indicated in each of
the volumes.
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|
|
67. (1) Subsection 18(1) of the English
version of the Act is replaced by the
following:
|
|
| Old
regulations
not revived
|
18. (1) The repeal of the regulations and
parts of regulations listed in the schedule
appended to a Roll does not
|
|
|
|
(a) revive any regulation or part of any
regulation so repealed;
|
|
|
|
(b) affect any saving clause in the
regulations or parts of regulations so
repealed; or
|
|
|
|
(c) prevent the application of any of those
regulations or parts of regulations, or of any
regulation or any part of a regulation
formerly in force, to any transaction, matter
or thing before the repeal to which they
would otherwise apply.
|
|
|
|
(2) Subsections 18(2) to (4) of the Act are
replaced by the following:
|
|
| Not new law
|
(2) A regulation included in the Revised
Regulations shall not be held to operate as a
new regulation, but shall be construed and
have effect as a consolidation and as
declaratory of the law as contained in the
regulation and parts of regulations as revised,
and for which the regulation included in the
Revised Regulations is substituted.
|
|
| Where
revision
differs
|
(3) Where, on any point, the provisions of
a regulation included in the Revised
Regulations are not in effect the same as those
of the repealed provisions for which they are
substituted, in respect of all transactions,
matters and things subsequent to the time
when the regulation included in the Revised
Regulations takes effect, the provisions
contained in that regulation prevail, but in
respect of all transactions, matters and things
before that time, the repealed provisions
prevail.
|
|
| Construction
of references
|
(4) A reference in any regulation remaining
in force and not revised, or in any instrument
or document, to any regulation or part of a
regulation repealed under subsection 13(3) by
inclusion in the Revised Regulations shall,
after the regulation in the Revised Regulations
takes effect, be deemed, in respect of any
subsequent transaction, matter or thing, to be
a reference to the regulation or part of a
regulation in the Revised Regulations having
the same effect as the repealed regulation or
part of a regulation.
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|
|
68. Sections 19 to 21 of the Act are
replaced by the following:
|
|
| Effect of
inclusion in
schedule
|
19. (1) The inclusion of any regulation or
part of a regulation in the schedule appended
to a Roll shall not be considered to be a
declaration that the regulation or part was or
was not in force immediately before the
coming into force of the portion of the Revised
Regulations that includes that regulation or
part.
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