Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2013-04-29 and last amended on 2013-03-27. Previous Versions

PART XXVIII

MISCELLANEOUS

Electronic Documents

Marginal note:Definitions

 The definitions in this section apply in this section and in sections 842 to 847.

“data”

« données »

“data” means representations of information or concepts, in any form.

“electronic document”

« document électronique »

“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, print-out or other output of the data and any document, record, order, exhibit, notice or form that contains the data.

  • R.S., 1985, c. C-46, s. 841;
  • R.S., 1985, c. 31 (4th Supp.), s. 97;
  • 2002, c. 13, s. 84.
Marginal note:Dealing with data in court

 Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with the rules of court.

  • 2002, c. 13, s. 84.
Marginal note:Transfer of data
  •  (1) Despite anything in this Act, a court may accept the transfer of data by electronic means if the transfer is made in accordance with the laws of the place where the transfer originates or the laws of the place where the data is received.

  • Marginal note:Time of filing

    (2) If a document is required to be filed in a court and the filing is done by transfer of data by electronic means, the filing is complete when the transfer is accepted by the court.

  • 2002, c. 13, s. 84.
Marginal note:Documents in writing

 A requirement under this Act that a document be made in writing is satisfied by the making of the document in electronic form in accordance with an Act or the rules of court.

  • 2002, c. 13, s. 84.
Marginal note:Signatures

 If this Act requires a document to be signed, the court may accept a signature in an electronic document if the signature is made in accordance with an Act or the rules of court.

  • 2002, c. 13, s. 84.
Marginal note:Oaths

 If under this Act an information, an affidavit or a solemn declaration or a statement under oath or solemn affirmation is to be made by a person, the court may accept it in the form of an electronic document if

  • (a) the person states in the electronic document that all matters contained in the information, affidavit, solemn declaration or statement are true to his or her knowledge and belief;

  • (b) the person before whom it is made or sworn is authorized to take or receive informations, affidavits, solemn declarations or statements and he or she states in the electronic document that the information, affidavit, solemn declaration or statement was made under oath, solemn declaration or solemn affirmation, as the case may be; and

  • (c) the electronic document was made in accordance with the laws of the place where it was made.

  • 2002, c. 13, s. 84.