Canada Evidence Act

Marginal note:Books kept in offices under Government of Canada

• 26 (1) A copy of any entry in any book kept in any office or department of the Government of Canada, or in any commission, board or other branch of the public service of Canada, shall be admitted as evidence of that entry, and of the matters, transactions and accounts therein recorded, if it is proved by the oath or affidavit of an officer of the office or department, commission, board or other branch of the public service of Canada that the book was, at the time of the making of the entry, one of the ordinary books kept in the office, department, commission, board or other branch of the public service of Canada, that the entry was made in the usual and ordinary course of business of the office, department, commission, board or other branch of the public service of Canada and that the copy is a true copy thereof.

• Marginal note:Proof of non-issue of licence or document

  (2) Where by any Act of Parliament or regulation made thereunder provision is made for the issue by a department, commission, board or other branch of the public service of Canada of a licence requisite to the doing or having of any act or thing or for the issue of any other document, an affidavit of an officer of the department, commission, board or other branch of the public service, sworn before any commissioner or other person authorized to take affidavits, setting out that he has charge of the appropriate records and that after careful examination and search of those records he has been unable to find in any given case that any such licence or other document has been issued, shall be admitted in evidence as proof, in the absence of evidence to the contrary, that in that case no licence or other document has been issued.

• Marginal note:Proof of mailing departmental matter

  (3) Where by any Act of Parliament or regulation made thereunder provision is made for sending by mail any request for information, notice or demand by a department or other branch of the public service of Canada an affidavit of an officer of the department or other branch of the public service, sworn before any commissioner or other person authorized to take affidavits, setting out that he has charge of the appropriate records, that he has a knowledge of the facts in the particular case, that the request, notice or demand was sent by registered letter on a named date to the person or firm to whom it was addressed (indicating that address) and that he identifies as exhibits attached to the affidavit the post office certificate of registration of the letter and a true copy of the request, notice or demand, shall, on production and proof of the post office receipt for the delivery of the registered letter to the addressee, be admitted in evidence as proof, in the absence of evidence to the contrary, of the sending and of the request, notice or demand.

• Marginal note:Proof of official character

  (4) Where proof is offered by affidavit pursuant to this section, it is not necessary to prove the official character of the person making the affidavit if that information is set out in the body of the affidavit.