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Volume 48, No. 5

B.C. Reg. 60/2005

The British Columbia Gazette,

Part II

March 8, 2005

B.C. Reg. 60/2005, deposited February 25, 2005, pursuant

to the EVIDENCE ACT [Sections 41.1 (2) and 41.3 (3)]

and the JUSTICE MODERNIZATION STATUTES AMENDMENT ACT, 2004

[Section 10]. Order in Council 132/2005, approved and ordered February 24, 2005.

On the recommendation of the undersigned, the Lieutenant Governor,

by and with the advice and consent of the Executive Council, orders that:

(

a) section 6 of the Justice Modernization Statutes

Amendment Act, 2004 , S.B.C. 2004, c. 65, is brought into force, and

(

b) the attached Electronic Court Documents Regulation

is made.

— P. G. PLANT, Attorney General and Minister Responsible

for Treaty Negotiations; M. COELL , Presiding Member of the Executive

Council .

ELECTRONIC COURT DOCUMENTS REGULATION

Definition

1 In this regulation, "Act" means the Evidence

Act .

Electronic court systems

2 The following electronic information or record

systems are designated as electronic court systems for the purposes of

section 41.1

of the Act:

(

a) the Civil Electronic Information System;

(

b) the Court Services Online System;

(

c) the Justice Information System;

(

d) the Web Court of Appeal Tracking System;

(

e) the Supreme Court Scheduling System;

(

f) the Prisoner Information Management System;

(

g) the Search Warrant Tracking System.

Secure electronic signatures

(1) A record contained within an electronic

court system and signed electronically by a person described in subsection

(2) is a prescribed electronic record for the purpose of

section 41.3 of the Act.

(2) The persons who may electronically sign a record for the purpose of subsection (1) are the following:

(

a) a person who exercises an adjudicative function in a court, if the record being signed relates to a matter in which the person has acted as adjudicator;

(

b) a clerk of a court, if he or she is acting in the capacity of clerk in relation to the record being signed;

(

c) a peace officer or a person acting in an enforcement capacity under any enactment, if the peace officer or person is acting in their official capacity in relation to the record being signed;

(

d) a person accused or convicted of an offence under any enactment, or the person's representative, if the record being signed relates to the person accused or convicted;

(

e) a person who is an employee of the government of any jurisdiction, or who is working on contract for or on behalf of the government of any jurisdiction, if the person is acting in their official capacity in relation to the record being signed.

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