Section 31 Canadian Evidence Act

Section 31 Canadian Evidence Act 1985 is about Definitions. It is under Documentary Evidence of Part I of the act. The Evidence Act of Canada is an Act respecting witnesses and evidence.

Definitions

(1) In this section,

corporation means any bank, including the Bank of Canada and the Business Development Bank of Canada, any authorized foreign bank within the meaning of section 2 of the Bank Act and each of the following carrying on business in Canada, namely, every railway, express, telegraph and telephone company (except a street railway and tramway company), insurance company or society, trust company and loan company; (personne morale)

government means the government of Canada or of any province and includes any department, commission, board or branch of any such government; (gouvernement)

photographic film includes any photographic plate, microphotographic film and photostatic negative. (pellicule photographique)

When print admissible in evidence

(2) A print, whether enlarged or not, from any photographic film of

(a) an entry in any book or record kept by any government or corporation and destroyed, lost or delivered to a customer after the film was taken,

(b) any bill of exchange, promissory note, cheque, receipt, instrument or document held by any government or corporation and destroyed, lost or delivered to a customer after the film was taken, or

(c) any record, document, plan, book or paper belonging to or deposited with any government or corporation, is admissible in evidence in all cases in which and for all purposes for which the object photographed would have been admitted on proof that

(d) while the book, record, bill of exchange, promissory note, cheque, receipt, instrument or document, plan, book or paper was in the custody or control of the government or corporation, the photographic film was taken thereof in order to keep a permanent record thereof, and

(e) the object photographed was subsequently destroyed by or in the presence of one or more of the employees of the government or corporation, or was lost or was delivered to a customer.

Evidence of compliance with conditions

(3) Evidence of compliance with the conditions prescribed by this section may be given by any one or more of the employees of the government or corporation, having knowledge of the taking of the photographic film, of the destruction, loss or delivery to a customer, or of the making of the print, as the case may be, either orally or by affidavit sworn in any part of Canada before any notary public or commissioner for oaths.

Proof by notarial copy

(4) Unless the court otherwise orders, a notarial copy of an affidavit under subsection (3) is admissible in evidence in lieu of the original affidavit.

See also:

– Section 30 Canadian Evidence Act (Business records to be admitted in evidence)

– Section 29 Canadian Evidence Act (Copies of entries)