Acts and Regulations

E-11 - Evidence Act

Section 47.1
Disposition versions

Full text
Document copied and stored electronically
47.1(1)In this section and in section 47.2
“document” includes, unless the context requires otherwise, any record of information, however recorded or stored, whether in printed form, on film, by electronic means or otherwise;(document)
“person” includes(personne)
(a) the Government of Canada and of any province or territory 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.
47.1(2)Where a document kept or held by a person is copied by a process of electronic imaging or similar process and is recorded or stored electronically in the course of an established practice in order to keep a permanent record of the document, a printout of the document generated by or produced from a computer record or other electronic medium is admissible in evidence in all cases and for all purposes for which the original document would have been admissible.
47.1(3)A printout described in subsection (2) is not admissible in evidence unless
(a) the original document was copied by a process of electronic imaging or similar process and was recorded or stored electronically in the course of an established practice in order to keep a permanent record of it,
(b) the original document was destroyed after being copied and recorded or stored in accordance with paragraph (a), and
(c) the printout is a true copy of the original document.
47.1(4)Proof of compliance with the requirements of this section may be given by any person who has knowledge, or who has informed himself or herself, 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.
1996, c.52, s.1
Electronically stored documents
47.1(1)In this section and in section 47.2
“document” includes, unless the context requires otherwise, any record of information, however recorded or stored, whether in printed form, on film, by electronic means or otherwise;
“person” includes
(a) the Government of Canada and of any province or territory 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.
47.1(2)Where a document kept or held by a person is copied by a process of electronic imaging or similar process and is recorded or stored electronically in the course of an established practice in order to keep a permanent record of the document, a printout of the document generated by or produced from a computer record or other electronic medium is admissible in evidence in all cases and for all purposes for which the original document would have been admissible.
47.1(3)A printout described in subsection (2) is not admissible in evidence unless
(a) the original document was copied by a process of electronic imaging or similar process and was recorded or stored electronically in the course of an established practice in order to keep a permanent record of it,
(b) the original document was destroyed after being copied and recorded or stored in accordance with paragraph (a), and
(c) the printout is a true copy of the original document.
47.1(4)Proof of compliance with the requirements of this section may be given by any person who has knowledge, or who has informed himself or herself, 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.
1996, c.52, s.1