Canada Evidence Act (R.S.C., 1985, c. C-5)

Marginal note:Authentication 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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.