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Bill C-6

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PART 3

R.S., c. C-5; R.S., c. 27 (1st Supp.), c. 19 (3rd Supp.); 1992, cc. 1, 47; 1993, cc. 28, 34; 1994, c. 44; 1995, c. 28; 1997, c. 18; 1998, c. 9

AMENDMENTS TO THE CANADA EVIDENCE ACT

52. Section 19 of the Canada Evidence Act is replaced by the following:

Copies by Queen's Printer

19. Every copy of any Act of Parliament, public or private, published by the Queen's Printer, is evidence of that Act and of its contents, and every copy purporting to be published by the Queen's Printer shall be deemed to be so published, unless the contrary is shown.

53. Paragraph 20(c) of the Act is replaced by the following:

    (c) by the production of a copy of them purporting to be published by the Queen's Printer.

54. Paragraphs 21(b) and (c) of the Act are replaced by the following:

    (b) by the production of a copy of the proclamation, order, regulation or appointment, purporting to be published by the Queen's Printer;

    (c) by the production of a copy of the treaty purporting to be published by the Queen's Printer;

55. Paragraph 22(1)(b) of the Act is replaced by the following:

    (b) by the production of a copy of the proclamation, order, regulation or appointment purporting to be published by the government or Queen's Printer for the province; and

56. The Act is amended by adding the following after section 31:

Authenti-
cation of electronic documents

31.1 Any person seeking to admit an electronic document as evidence has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic document is that which it is purported to be.

Application of best evidence rule - electronic documents

31.2 (1) The best evidence rule in respect of an electronic document is satisfied

    (a) on proof of the integrity of the electronic documents system by or in which the electronic document was recorded or stored; or

    (b) if an evidentiary presumption established under section 31.4 applies.

Printouts

(2) Despite subsection (1), in the absence of evidence to the contrary, an electronic document in the form of a printout satisfies the best evidence rule if the printout has been manifestly or consistently acted on, relied on or used as a record of the information recorded or stored in the printout.

Presumption of integrity

31.3 For the purposes of subsection 31.2(1), in the absence of evidence to the contrary, the integrity of an electronic documents system by or in which an electronic document is recorded or stored is proven

    (a) by evidence capable of supporting a finding that at all material times the computer system or other similar device used by the electronic documents system was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic document and there are no other reasonable grounds to doubt the integrity of the electronic documents system;

    (b) if it is established that the electronic document was recorded or stored by a party who is adverse in interest to the party seeking to introduce it; or

    (c) if it is established that the electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party and who did not record or store it under the control of the party seeking to introduce it.

Presumptions regarding secure electronic signatures

31.4 The Governor in Council may make regulations establishing evidentiary presumptions in relation to electronic documents signed with secure electronic signatures, including regulations respecting

    (a) the association of secure electronic signatures with persons; and

    (b) the integrity of information contained in electronic documents signed with secure electronic signatures.

Standards may be considered

31.5 For the purpose of determining under any rule of law whether an electronic document is admissible, evidence may be presented in respect of any standard, procedure, usage or practice concerning the manner in which electronic documents are to be recorded or stored, having regard to the type of business, enterprise or endeavour that used, recorded or stored the electronic document and the nature and purpose of the electronic document.

Proof by affidavit

31.6 (1) The matters referred to in subsection 31.2(2) and sections 31.3 and 31.5 and in regulations made under section 31.4 may be established by affidavit.

Cross-examin ation

(2) A party may cross-examine a deponent of an affidavit referred to in subsection (1) that has been introduced in evidence

    (a) as of right, if the deponent is an adverse party or is under the control of an adverse party; and

    (b) with leave of the court, in the case of any other deponent.

Application

31.7 Sections 31.1 to 31.4 do not affect any rule of law relating to the admissibility of evidence, except the rules relating to authentication and best evidence.

Definitions

31.8 The definitions in this section apply in sections 31.1 to 31.6.

``computer system''
« système informati-
que »

``computer system'' means a device that, or a group of interconnected or related devices one or more of which,

      (a) contains computer programs or other data; and

      (b) pursuant to computer programs, performs logic and control, and may perform any other function.

``data''
« données »

``data'' means representations of information or of concepts, in any form.

``electronic document ''
« document électroni-
que »

``electronic document'' means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data.

``electronic documents system''
« système d'archivage électroni-
que »

``electronic documents system'' includes a computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic documents.

``secure electronic signature''
« signature électronique sécurisée »

``secure electronic signature'' means a secure electronic signature as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act.

57. Subsection 32(2) of the Act is replaced by the following:

Copies published in Canada Gazette

(2) All copies of official and other notices, advertisements and documents published in the Canada Gazette are admissible in evidence as proof, in the absence of evidence to the contrary, of the originals and of their contents.

PART 4

R.S., c. S-22; R.S., c. 31 (1st Supp.), cc. 31, 51 (4th Supp.); 1993, cc. 28, 34

AMENDMENTS TO THE STATUTORY INSTRUMENTS ACT

58. Section 10 of the Statutory Instruments Act is renumbered as subsection 10(1) and is amended by adding the following:

Publication

(2) The Governor in Council may determine the form and manner in which the Canada Gazette, or any part of it, is published, including publication by electronic means.

59. Subsection 16(3) of the Act is replaced by the following:

Deemed publication in Canada Gazette

(3) For the purposes of this section,

    (a) if a regulation is included in a copy of the Consolidated Regulations of Canada, 1978 purporting to be printed by the Queen's Printer, that regulation is deemed to have been published in the Canada Gazette; and

    (b) if a regulation is included in a copy of a revision of regulations purporting to be printed by the Queen's Printer, that regulation is deemed to have been published in the Canada Gazette.

PART 5

R.S., c. S-20; 1992, c. 1

AMENDMENTS TO THE STATUTE REVISION ACT

60. Section 1 of the Statute Revision Act is replaced by the following:

Short title

1. This Act may be cited as the Legislation Revision and Consolidation Act.

61. (1) The definition ``revision'' in section 2 of the Act is replaced by the following:

``revision''
« révision »

``revision'' means

      (a) for the purposes of Part I, the arrangement, revision and consolidation of the public general statutes of Canada authorized under that Part; and

      (b) for the purposes of Part II, the arrangement, revision and consolidation of the regulations authorized under that Part.

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

``regula-
tions''
« règlements »

``regulations'' means

      (a) statutory orders and regulations published in the Consolidated Regulations of Canada, 1978,

      (b) regulations, statutory instruments and other documents published in the Canada Gazette, Part II, after the publication of the Consolidated Regulations of Canada, 1978, and

      (c) any other regulations, statutory instruments or documents that, in the opinion of the Minister, are of continuing effect or apply to more than one person or body and that are not exempted from publication pursuant to regulations made under paragraph 20(c) of the Statutory Instruments Act;

62. Section 5 of the Act is replaced by the following:

Revision of statutes

5. The Commission shall, from time to time, revise the public general statutes of Canada.

1992, c. 1, s. 132

63. The heading before section 8 and sections 8 to 10 of the Act are repealed.

64. The heading before section 11 and sections 11 and 12 of the Act are replaced by the following:

Revision

Revision of regulations

10. The Commission shall, from time to time, revise the regulations.

Powers of Commission

11. In preparing and maintaining the Revised Regulations and in keeping the Revised Regulations up to date, the Commission may exercise, in respect of the regulations, the powers that it has under section 6 in respect of a revision under Part I.

Deposit of revision

12. (1) On receipt of a written report from the Commission in respect of the completion of all or any part of the Revised Regulations, the Governor in Council may cause a printed Roll of the regulations, attested under the signature of the Minister and the President of the Privy Council, to be deposited in the office of the Clerk of the Privy Council, and the Roll shall be held to be the original of the regulations included in it.

Schedule

(2) There shall be appended to each Roll a schedule similar in form to the Schedule to Appendix I appended to the Revised Statutes of Canada, 1985, and the Commission may include in the schedule a list of all regulations and parts of regulations that, although not expressly repealed, are superseded by the regulations included in the Roll, or are inconsistent with them, and a list of all regulations and parts of regulations that were for a temporary purpose the force of which is spent.

65. (1) Subsection 13(2) of the Act is replaced by the following:

Effect

(2) On the day referred to in subsection (1) in respect of any Roll, the regulations included in that Roll shall accordingly come into force and have effect as law as part of the Revised Regulations to all intents as if each regulation had been made by the appropriate regulation-making authority and all the requirements with respect to the making of that regulation had been complied with.

(2) Subsection 13(3) of the English version of the Act is replaced by the following:

Repeal

(3) On the day referred to in subsection (1), all regulations and parts of regulations listed in the schedule to the Roll are repealed to the extent mentioned in that schedule.

66. Sections 15 to 17 of the Act are replaced by the following:

Bound volumes

17. If the Commission has, as of a day selected by it, revised all the regulations that it is required to revise under section 10 to that day, it shall cause the Revised Regulations to be published in the form of bound volumes, and the regulations to be included in them shall be those that have been revised as of that day, and that day shall be indicated in each of the volumes.

67. (1) Subsection 18(1) of the English version of the Act is replaced by the following:

Old regulations not revived

18. (1) The repeal of the regulations and parts of regulations listed in the schedule appended to a Roll does not

    (a) revive any regulation or part of any regulation so repealed;

    (b) affect any saving clause in the regulations or parts of regulations so repealed; or

    (c) prevent the application of any of those regulations or parts of regulations, or of any regulation or any part of a regulation formerly in force, to any transaction, matter or thing before the repeal to which they would otherwise apply.

(2) Subsections 18(2) to (4) of the Act are replaced by the following:

Not new law

(2) A regulation included in the Revised Regulations shall not be held to operate as a new regulation, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the regulation and parts of regulations as revised, and for which the regulation included in the Revised Regulations is substituted.

Where revision differs

(3) Where, on any point, the provisions of a regulation included in the Revised Regulations are not in effect the same as those of the repealed provisions for which they are substituted, in respect of all transactions, matters and things subsequent to the time when the regulation included in the Revised Regulations takes effect, the provisions contained in that regulation prevail, but in respect of all transactions, matters and things before that time, the repealed provisions prevail.

Construction of references

(4) A reference in any regulation remaining in force and not revised, or in any instrument or document, to any regulation or part of a regulation repealed under subsection 13(3) by inclusion in the Revised Regulations shall, after the regulation in the Revised Regulations takes effect, be deemed, in respect of any subsequent transaction, matter or thing, to be a reference to the regulation or part of a regulation in the Revised Regulations having the same effect as the repealed regulation or part of a regulation.

68. Sections 19 to 21 of the Act are replaced by the following:

Effect of inclusion in schedule

19. (1) The inclusion of any regulation or part of a regulation in the schedule appended to a Roll shall not be considered to be a declaration that the regulation or part was or was not in force immediately before the coming into force of the portion of the Revised Regulations that includes that regulation or part.

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