Acts and Regulations

R-4.5 - Recording of Evidence Act

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Amendments to Evidence Act
22Section 26 of the Evidence Act, chapter E-11 of the Revised Statutes, 1973, is amended
(a) by adding before subsection (1) the following:
26(0.1)This section applies to evidence or proceedings before a board, commission, tribunal, body or commissioner.
(b) in subsection (1) by striking out “the evidence or proceedings” and substituting “evidence or proceedings”;
(c) in subsection (2) by striking out “any evidence or proceedings” and substituting “evidence or proceedings”;
(d) by repealing subsection (4) and substituting the following:
26(4)Subject to subsection (4.1), any application for an order under subsection (3) is to be made to the board, commission, tribunal, body or commissioner before which or whom the evidence was given or the proceedings were held.
(e) by adding after subsection (4) the following:
26(4.1)In the case of any record of evidence or proceedings before any board, commission, tribunal, body or commissioner that or who has ceased to have authority to act in the matter in respect of which the evidence was given or the proceedings were held, an application for an order under subsection (3) is to be made to the Minister of Justice and Consumer Affairs.
(f) in subsection (5) by striking out “subsection (4)” and substituting “subsection (4) or (4.1)”.
Amendments to Evidence Act
22Section 26 of the Evidence Act, chapter E-11 of the Revised Statutes, 1973, is amended
(a) by adding before subsection (1) the following:
26(0.1)This section applies to evidence or proceedings before a board, commission, tribunal, body or commissioner.
(b) in subsection (1) by striking out “the evidence or proceedings” and substituting “evidence or proceedings”;
(c) in subsection (2) by striking out “any evidence or proceedings” and substituting “evidence or proceedings”;
(d) by repealing subsection (4) and substituting the following:
26(4)Subject to subsection (4.1), any application for an order under subsection (3) is to be made to the board, commission, tribunal, body or commissioner before which or whom the evidence was given or the proceedings were held.
(e) by adding after subsection (4) the following:
26(4.1)In the case of any record of evidence or proceedings before any board, commission, tribunal, body or commissioner that or who has ceased to have authority to act in the matter in respect of which the evidence was given or the proceedings were held, an application for an order under subsection (3) is to be made to the Minister of Justice and Consumer Affairs.
(f) in subsection (5) by striking out “subsection (4)” and substituting “subsection (4) or (4.1)”.