Acts and Regulations

E-11 - Evidence Act

Section 47
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47(1)In this section
“person” includes(personne)
(a) the Government of Canada and of any province of Canada and any department, commission, board or branch of any such government,
(b) a corporation, and
(c) the heirs, executors, administrators or other legal representatives of a person;
“photographic film” includes any photographic plate, microphotographic film and photostatic negative, and “photograph” has a corresponding meaning.(pellicule photographique)
47(2)Where a bill of exchange, promissory note, cheque, receipt, instrument, agreement, document, plan or a record or book or entry therein kept or held by any person is photographed in the course of an established practice of such person of photographing objects of the same or a similar class in order to keep a permanent record of it, a print from the photographic film is admissible in evidence in all cases and for all purposes for which the object photographed would have been admissible.
47(3)Where a bill of exchange, promissory note, cheque, receipt, instrument, agreement or other executed or signed document was destroyed by the person or an employee of the person before the expiration of six years from
(a) the date when in the ordinary course of business either the object or the matter to which it related ceased to be treated as current by the person having custody or control of the object, or
(b) the date of receipt by the person having custody or control of the object of notice in writing of any claim in respect of the object or matter prior to the destruction of the object,
whichever is the later date, the court may refuse to admit in evidence under this section a print from a photograph film of the object.
47(4)Where the photographic print is tendered or made by a government or the Bank of Canada, subsection (3) does not apply.
47(5)Proof of compliance with the conditions prescribed by this section may be given by any person having knowledge of the facts either orally or by affidavit sworn before a notary public and unless the court otherwise orders, a notarial copy of any such affidavit is admissible in evidence in lieu of the original affidavit.
R.S., c.74, s.41; 1966, c.52, s.3; 1992, c.59, s.2
Microfilms
47(1)In this section
“person” includes
(a) the Government of Canada and of any province of Canada and any department, commission, board or branch of any such government,
(b) a corporation, and
(c) the heirs, executors, administrators or other legal representatives of a person;
“photographic film” includes any photographic plate, microphotographic film and photostatic negative, and “photograph” has a corresponding meaning.
47(2)Where a bill of exchange, promissory note, cheque, receipt, instrument, agreement, document, plan or a record or book or entry therein kept or held by any person is photographed in the course of an established practice of such person of photographing objects of the same or a similar class in order to keep a permanent record of it, a print from the photographic film is admissible in evidence in all cases and for all purposes for which the object photographed would have been admissible.
47(3)Where a bill of exchange, promissory note, cheque, receipt, instrument, agreement or other executed or signed document was destroyed by the person or an employee of the person before the expiration of six years from
(a) the date when in the ordinary course of business either the object or the matter to which it related ceased to be treated as current by the person having custody or control of the object, or
(b) the date of receipt by the person having custody or control of the object of notice in writing of any claim in respect of the object or matter prior to the destruction of the object,
whichever is the later date, the court may refuse to admit in evidence under this section a print from a photograph film of the object.
47(4)Where the photographic print is tendered or made by a government or the Bank of Canada, subsection (3) does not apply.
47(5)Proof of compliance with the conditions prescribed by this section may be given by any person having knowledge of the facts either orally or by affidavit sworn before a notary public and unless the court otherwise orders, a notarial copy of any such affidavit is admissible in evidence in lieu of the original affidavit.
R.S., c.74, s.41; 1966, c.52, s.3; 1992, c.59, s.2