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

Act current to 2013-04-29 and last amended on 2012-10-05. Previous Versions

Marginal note:Order signed by Secretary of State

  • 32. (1) An order signed by the Secretary of State of Canada and purporting to be written by command of the Governor General shall be admitted in evidence as the order of the Governor General.

  • Marginal note: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.

  • R.S., 1985, c. C-5, s. 32;
  • 2000, c. 5, s. 57.
Marginal note:Proof of handwriting of person certifying

  • 33. (1) No proof shall be required of the handwriting or official position of any person certifying, in pursuance of this Act, to the truth of any copy of or extract from any proclamation, order, regulation, appointment, book or other document.

  • Marginal note:Printed or written

    (2) Any copy or extract referred to in subsection (1) may be in print or in writing, or partly in print and partly in writing.

  • R.S., c. E-10, s. 33.
Marginal note:Attesting witness

  • 34. (1) It is not necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite.

  • Marginal note:Instrument, how proved

    (2) Any instrument referred to in subsection (1) may be proved by admission or otherwise as if there had been no attesting witness thereto.

  • R.S., c. E-10, s. 34.
Marginal note:Impounding of forged instrument

35. Where any instrument that has been forged or fraudulently altered is admitted in evidence, the court or the judge or person who admits the instrument may, at the request of any person against whom it is admitted in evidence, direct that the instrument shall be impounded and be kept in the custody of an officer of the court or other proper person for such period and subject to such conditions as to the court, judge or person admitting the instrument seem meet.

  • R.S., c. E-10, s. 35.
Marginal note:Construction

36. This Part shall be deemed to be in addition to and not in derogation of any powers of proving documents given by any existing Act or existing at law.

  • R.S., c. E-10, s. 36.

Interpretation

Marginal note:Definition of “official”

36.1 In sections 37 to 38.16, “official” has the same meaning as in section 118 of the Criminal Code.

  • 2001, c. 41, s. 43.