Acts and Regulations

2017, c.18 - Local Governance Act

Full text
Evidence – resolutions, by-laws and other documents
154(1)A copy of a resolution of a council or of a by-law certified by the clerk to have been compared with the original and to be a true copy is evidence in all courts of the passage and existence of the resolution or by-law, without proof of the official character or handwriting of the clerk.
154(2)When a certified copy of a resolution or by-law states the date on which the resolution was adopted or the by-law made, it is evidence of the date of adoption or of making, as the case may be.
154(3)When a copy of a by-law certified in the manner prescribed by this section is filed with a judge of the Provincial Court, it is for the purpose of all proceedings before the judge a public record of which judicial notice is to be taken.
154(4)When a judge of the Provincial Court takes judicial notice of a by-law under subsection (3) and the proceedings in which the notice is taken are the subject of an appeal or review of any kind, the judge shall include a copy of the by-law in any record transmitted by the judge to the court or judge before whom the appeal or review is pending.
154(5)A copy of a minute, record, map, plan, document or writing or of any part of it filed or deposited in the office of a clerk, certified by the clerk as the person having charge of the original to have been compared with the original and to be a true copy, is evidence in all courts of the minute, record, map, plan, document or writing, without proof of the official character or handwriting of the clerk.
Evidence – resolutions, by-laws and other documents
154(1)A copy of a resolution of a council or of a by-law certified by the clerk to have been compared with the original and to be a true copy is evidence in all courts of the passage and existence of the resolution or by-law, without proof of the official character or handwriting of the clerk.
154(2)When a certified copy of a resolution or by-law states the date on which the resolution was adopted or the by-law made, it is evidence of the date of adoption or of making, as the case may be.
154(3)When a copy of a by-law certified in the manner prescribed by this section is filed with a judge of the Provincial Court, it is for the purpose of all proceedings before the judge a public record of which judicial notice is to be taken.
154(4)When a judge of the Provincial Court takes judicial notice of a by-law under subsection (3) and the proceedings in which the notice is taken are the subject of an appeal or review of any kind, the judge shall include a copy of the by-law in any record transmitted by the judge to the court or judge before whom the appeal or review is pending.
154(5)A copy of a minute, record, map, plan, document or writing or of any part of it filed or deposited in the office of a clerk, certified by the clerk as the person having charge of the original to have been compared with the original and to be a true copy, is evidence in all courts of the minute, record, map, plan, document or writing, without proof of the official character or handwriting of the clerk.