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S.M. 2013, c. 26
Bill 8, 3rd Session, 40th Legislature
The Provincial Court Amendment Act
(Assented to December 5, 2013)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Provincial Court Act is amended by this Act.
2 The following is added after section 26 and before Part IV:
26.1 The purpose of this Part is to facilitate the use of electronic documents in the court.
26.2 The following definitions apply in this Part.
"data" means representations of information or concepts, in any form. (« données »)
"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 by a computer system or other similar device. It includes a display, printout or other output of the data and any document, record, order, exhibit, notice or form that contains the data. (« document électronique »)
"electronic signature" means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document, and includes an electronically generated image of a signature. (« signature électronique »)
"enactment" means a provincial or federal Act, or a regulation made under the authority of a provincial or federal Act, in respect of which the court has jurisdiction. (« texte »)
26.3 The court may create, sign, collect, receive, store, transfer, reproduce, distribute, publish or otherwise deal with electronic documents in accordance with the regulations.
26.4 The 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.
26.5 If a document is filed in the court and the filing is done by the transfer of data by electronic means, the filing is complete when the transfer is accepted by the court.
26.6 A requirement under an enactment that a document be made in writing is satisfied by an electronic document that meets the requirements established or adopted by the regulations.
26.7 If an enactment requires a document to be signed by a person, the court may accept an electronic signature that meets the requirements established or adopted by the regulations.
26.8 If, under an enactment, 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, including any electronic signatures, meets the requirements established or adopted by the regulations.
26.9(1) The Lieutenant Governor in Council may make regulations
(a) respecting creating, signing, collecting, receiving, storing, transferring, reproducing, distributing, publishing or otherwise dealing with electronic documents in the court;
(b) respecting the making of documents in electronic form;
(c) respecting the making of electronic signatures and applying them to electronic documents;
(d) establishing or adopting requirements for electronic documents or electronic signatures;
(e) respecting the making of an information, an affidavit or a solemn declaration or a statement under oath or solemn affirmation, in the form of an electronic document;
(f) respecting the conversion of any document from a paper or electronic format to the other format;
(g) respecting certifying a printout made from an electronic document as a true reproduction of the information contained in the electronic document;
(h) defining any word or phrase used but not defined in this Part;
(i) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.
26.9(2) A regulation may establish or adopt different requirements for different types of electronic documents or electronic signatures.
26.9(3) A regulation may incorporate by reference any requirement, standard or specification, in whole or in part, established by any government, person or organization with respect to electronic documents or electronic signatures, and the regulation may incorporate it as amended from time to time, and subject to any changes the Lieutenant Governor in Council considers necessary or advisable.
3 This Act comes into force on a day to be fixed by proclamation.