Proposals for a Uniform Electronic Evidence Act 1995

SECTION VI COMPUTERIZED RECORDS

2837. Where the data respecting a juridical act are entered on a computer system, the document reproducing them makes proof of the content of the act if it is intelligible and if its reliability is sufficiently guaranteed.

To assess the quality of the document, the court shall take into account the circumstances under which the data were entered and the document was reproduced.

2838. The reliability of the entry of the data of a juridical act on a computer system is presumed to be sufficiently guaranteed where it is carried out systematically and without gaps and the computerized data are protected against alterations. The same presumption is made in favour of third persons where the data were entered by an enterprise.

2839. A document which produces the data of a computerized juridical act may be contested on any grounds.

2870.The reliability of documents drawn up in the ordinary course of business of an enterprise, of documents entered in a register kept as required by law and of spontaneous and contemporaneous statements concerning the occurrence of fact is, in particular, presumed to be sufficiently guaranteed.

These provisions require proof of these specific factors: intelligibility, reliability, the circumstances under which the data were entered, the circumstances under which the document was reproduced, systematic entry of data, and protection of data against alterations. Also "the ordinary course of business of an enterprise" is applied to create a presumption in regard to the reliability of documents other than juridical acts.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018