Acts and Regulations

C-5.2 - Clean Air Act

Section 39
Disposition versions

Full text
Evidence
39(1)In a prosecution with respect to an offence under this Act or the regulations, an original or a certified copy of a registration, permit, approval, order, notice, certificate, plan or other document purporting to be signed by the Minister, or a statement purporting to be signed by the Minister that a person does not hold a registration, permit or approval under this Act or the regulations with respect to an activity designated in the statement, shall be
(a) received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,
(b) in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and
(c) where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.
39(2)A document, copy or statement referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the document, copy or statement.
39(3)Subject to subsection 40(2), a person against whom a document, copy or statement referred to in subsection (1) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.
2002, c.27, s.20
Evidence
39(1)In a prosecution with respect to an offence under this Act or the regulations, an original or a certified copy of a registration, permit, approval, order, notice, certificate, plan or other document purporting to be signed by the Minister, or a statement purporting to be signed by the Minister that a person does not hold a registration, permit or approval under this Act or the regulations with respect to an activity designated in the statement, shall be
(a) received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,
(b) in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and
(c) where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.
39(2)A document, copy or statement referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the document, copy or statement.
39(3)Subject to subsection 40(2), a person against whom a document, copy or statement referred to in subsection (1) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.
2002, c.27, s.20
Evidence
39(1)In a prosecution with respect to an offence under this Act or the regulations, an original or a certified copy of a registration, permit, approval, order, notice, certificate, plan or other document purporting to be signed by the Minister, or a statement purporting to be signed by the Minister that a person does not hold a registration, permit or approval under this Act or the regulations with respect to an activity designated in the statement, shall be
(a) received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,
(b) in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and
(c) where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.
39(2)A document, copy or statement referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the document, copy or statement.
39(3)Subject to subsection 40(2), a person against whom a document, copy or statement referred to in subsection (1) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.