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Marginal note:Copies of entries

• 29 (1) Subject to this section, a copy of any entry in any book or record kept in any financial institution shall in all legal proceedings be admitted in evidence as proof, in the absence of evidence to the contrary, of the entry and of the matters, transactions and accounts therein recorded.

• Marginal note:Admission in evidence

  (2) A copy of an entry in the book or record described in subsection (1) shall not be admitted in evidence under this section unless it is first proved that the book or record was, at the time of the making of the entry, one of the ordinary books or records of the financial institution, that the entry was made in the usual and ordinary course of business, that the book or record is in the custody or control of the financial institution and that the copy is a true copy of it, and such proof may be given by any person employed by the financial institution who has knowledge of the book or record or the manager or accountant of the financial institution, and may be given orally or by affidavit sworn before any commissioner or other person authorized to take affidavits.

• Marginal note:Cheques, proof of “no account”

  (3) Where a cheque has been drawn on any financial institution or branch thereof by any person, an affidavit of the manager or accountant of the financial institution or branch, sworn before any commissioner or other person authorized to take affidavits, setting out that he is the manager or accountant, that he has made a careful examination and search of the books and records for the purpose of ascertaining whether or not that person has an account with the financial institution or branch and that he has been unable to find such an account, shall be admitted in evidence as proof, in the absence of evidence to the contrary, that that person has no account in the financial institution or branch.

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• Marginal note:Compulsion of production or appearance

  (5) A financial institution or officer of a financial institution is not in any legal proceedings to which the financial institution is not a party compellable to produce any book or record, the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions and accounts therein recorded unless by order of the court made for special cause.

• Marginal note:Order to inspect and copy

  (6) On the application of any party to a legal proceeding, the court may order that that party be at liberty to inspect and take copies of any entries in the books or records of a financial institution for the purposes of the legal proceeding, and the person whose account is to be inspected shall be notified of the application at least two clear days before the hearing thereof, and if it is shown to the satisfaction of the court that he cannot be notified personally, the notice may be given by addressing it to the financial institution.

• Marginal note:Warrants to search

  (7) Nothing in this section shall be construed as prohibiting any search of the premises of a financial institution under the authority of a warrant to search issued under any other Act of Parliament, but unless the warrant is expressly endorsed by the person under whose hand it is issued as not being limited by this section, the authority conferred by any such warrant to search the premises of a financial institution and to seize and take away anything in it shall, with respect to the books or records of the institution, be construed as limited to the searching of those premises for the purpose of inspecting and taking copies of entries in those books or records, and section 490 of the Criminal Code does not apply in respect of the copies of those books or records obtained under a warrant referred to in this section.

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• (9) In this section,

  legal proceeding

  legal proceeding  means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration. (procédure judiciaire)

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Marginal note:Business records to be admitted in evidence

• 30 (1) Where oral evidence in respect of a matter would be admissible in a legal proceeding, a record made in the usual and ordinary course of business that contains information in respect of that matter is admissible in evidence under this section in the legal proceeding on production of the record.

• Marginal note:Inference where information not in business record

  (2) Where a record made in the usual and ordinary course of business does not contain information in respect of a matter the occurrence or existence of which might reasonably be expected to be recorded in that record, the court may on production of the record admit the record for the purpose of establishing that fact and may draw the inference that the matter did not occur or exist.

• Marginal note:Copy of records

  (3) Where it is not possible or reasonably practicable to produce any record described in subsection (1) or (2), a copy of the record accompanied by two documents, one that is made by a person who states why it is not possible or reasonably practicable to produce the record and one that sets out the source from which the copy was made, that attests to the copy’s authenticity and that is made by the person who made the copy, is admissible in evidence under this section in the same manner as if it were the original of the record if each document is

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  • (b) a certificate or other statement pertaining to the record in which the person attests that the certificate or statement is made in conformity with the laws of a foreign state, whether or not the certificate or statement is in the form of an affidavit attested to before an official of the foreign state.

• Marginal note:Where record kept in form requiring explanation

  (4) Where production of any record or of a copy of any record described in subsection (1) or (2) would not convey to the court the information contained in the record by reason of its having been kept in a form that requires explanation, a transcript of the explanation of the record or copy prepared by a person qualified to make the explanation is admissible in evidence under this section in the same manner as if it were the original of the record if it is accompanied by a document that sets out the person’s qualifications to make the explanation, attests to the accuracy of the explanation, and is

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  • (b) a certificate or other statement pertaining to the record in which the person attests that the certificate or statement is made in conformity with the laws of a foreign state, whether or not the certificate or statement is in the form of an affidavit attested to before an official of the foreign state.

• Marginal note:Court may order other part of record to be produced

  (5) Where part only of a record is produced under this section by any party, the court may examine any other part of the record and direct that, together with the part of the record previously so produced, the whole or any part of the other part thereof be produced by that party as the record produced by him.

• Marginal note:Court may examine record and hear evidence

  (6) For the purpose of determining whether any provision of this section applies, or for the purpose of determining the probative value, if any, to be given to information contained in any record admitted in evidence under this section, the court may, on production of any record, examine the record, admit any evidence in respect thereof given orally or by affidavit including evidence as to the circumstances in which the information contained in the record was written, recorded, stored or reproduced, and draw any reasonable inference from the form or content of the record.

• Marginal note:Notice of intention to produce record or affidavit

  (7) Unless the court orders otherwise, no record or affidavit shall be admitted in evidence under this section unless the party producing the record or affidavit has, at least seven days before its production, given notice of his intention to produce it to each other party to the legal proceeding and has, within five days after receiving any notice in that behalf given by any such party, produced it for inspection by that party.

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• Marginal note:Examination on record with leave of court

  (9) Subject to section 4, any person who has or may reasonably be expected to have knowledge of the making or contents of any record produced or received in evidence under this section may, with leave of the court, be examined or cross-examined thereon by any party to the legal proceeding.

• (10) Nothing in this section renders admissible in evidence in any legal proceeding

  • (a) such part of any record as is proved to be

    • (i) a record made in the course of an investigation or inquiry,

    • (ii) a record made in the course of obtaining or giving legal advice or in contemplation of a legal proceeding,

    • (iii) a record in respect of the production of which any privilege exists and is claimed, or

    • (iv) a record of or alluding to a statement made by a person who is not, or if he were living and of sound mind would not be, competent and compellable to disclose in the legal proceeding a matter disclosed in the record;

  • (b) any record the production of which would be contrary to public policy; or

  • (c) any transcript or recording of evidence taken in the course of another legal proceeding.

• (11) The provisions of this section shall be deemed to be in addition to and not in derogation of

  • (a) any other provision of this or any other Act of Parliament respecting the admissibility in evidence of any record or the proof of any matter; or

  • (b) any existing rule of law under which any record is admissible in evidence or any matter may be proved.

• (12) In this section,

  copy

  copy and photographic film , in relation to any record, includes a print, whether enlarged or not, from a photographic film of the record, and photographic film  includes a photographic plate, microphotographic film or photostatic negative; (copie et pellicule photographique)

  legal proceeding

  legal proceeding  means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes an arbitration; (procédure judiciaire)

  record

  record includes the whole or any part of any book, document, paper, card, tape or other thing on or in which information is written, recorded, stored or reproduced, and, except for the purposes of subsections (3) and (4), any copy or transcript admitted in evidence under this section pursuant to subsection (3) or (4). (pièce)

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Marginal note:Order in respect of evidence

• 79 (1) A judge may, for the purposes of acquiring evidence for a request for extradition, on the ex parte application of a competent authority, make any order that is necessary to

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  • (b) secure the production as evidence of data that is recorded in any form;

  • (c) receive and record the evidence; and

• Marginal note:Part XXII of the Criminal Code to apply

  (2) Part XXII of the Criminal Code applies, with any modifications that the circumstances require, to orders under subsection (1).

Marginal note:Confidentiality

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• Marginal note:Confidentiality — reports and records

  (1.1) Subject to subsections (2) to (7), 12(3), 12.2(3), 13(3), 19(1), 23(3) and 23.1(1) and section 25, the Commissioner or any person acting on behalf or under the direction of the Commissioner shall not disclose any information contained in a report made under subsection 10.1(1) or in a record obtained under subsection 10.3(2).

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• (4) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information in the course of

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  • (b) a prosecution for an offence under section 132 of the Criminal Code (perjury) in respect of a statement made under this Part;

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• Marginal note:Disclosure of breach of security safeguards

  (6) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose to a government institution or a part of a government institution, any information contained in a report made under subsection 10.1(1) or in a record obtained under subsection 10.3(2) if the Commissioner has reasonable grounds to believe that the information could be useful in the investigation of a contravention of the laws of Canada or a province that has been, is being or is about to be committed.

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Marginal note:Protection of Commissioner

• 22 (1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith as a result of the performance or exercise or purported performance or exercise of any duty or power of the Commissioner under this Part.

• (2) No action lies in defamation with respect to

  • (a) anything said, any information supplied or any record or thing produced in good faith in the course of an investigation or audit carried out by or on behalf of the Commissioner under this Part; and

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