Bill 36 (Legislature 9, Session 3)

L9 S3 7724

Alberta — Bills

Bill No. 36 of 1943. A, BILL TO AMEND THE ALBERTA EVIDENCE ACT. NOTE. This Bill amends The Alberta Evidence Act by introduc ing a new

section 37 a. This

section provides that a print ,from a photographic film of entries in books, documents of government departments, banks, and other corporations mentioned, shall be admissible in evidence when it is shown tha t the film was taken in order to keep a permanent record while the document was still in the custody of the corpora tion or department, and that the original has been subse quently destroyed or delivered to a customer. Provision is made for proof of these things either orally or by affidavit. This ena.ctment would enable the corporations mentioned in the

section and government departments to obtain badly needed space now occupied by documents which have ac cumulated over long periods of years. The Department of Lands and Mines felt the need of such legislation some time ago, and legislation similar to this amendment was passed in 1941 and is now

section 10 of The Department of Lands and ... 'Yines Act,

chapter 11, R.S.A. 1942. The proposed amendment, limited however in its appli cation to banks and government departments, was adopted by the Conference of Commissioners on Uniformity of Legislation in 1941, and has since been passed by six of the provinces and is being dealt with at the present session of the Saskat,chewan Legislature. The amendment proposed by this Bill extends the opera tion of the

section to certain corporations other than banks, and an amendment to The Canada EV'idence Act in the same terms was passed by Parliament last year. W. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 36 of 1943.

An Act to amend The Alberta Evidence Act. (Assented to , 1943.) H IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Alberta Evidence Act, being

chapter 10.6 of the Revised Statutes of Alberta, 1942, is hereby amended by inserting therein immediately after

section 37 the follow ing new section: "37 a.-

(1) In this section,- "(a) 'Corporation' means the Bank of Canada, every bank to which The Bank Act applies or to which The Quebec Savings Bank Act applies, and each and every of the following carrying on business in Canada, namely; every railway; express, tele graph and telephone company (except a street rail way and tramway company), insurance company or society, trust company and loan company (except a company subject to the provisions of

Part II of The Small Loans Act, being

chapter 23 of the Stat utes of Canada, 1939) ; " (b) 'Government' means the government of Canada or of any province of Canada and includes any depart ment, commission, board or branch of any such government; "(c) 'Photographic film' includes any photographic plate, microphotographic film and photostatic negative. "

(2) A print, whether enlarged or not, from any photo graphic film of,- "(

a) an entry in any book or re,cord kept by any govern ment or corporation and destroyed, lost, or delivered to a customer after such film was taken; " (

b) any bill of exchange, promissory note, cheque, re ceipt, instrument or document held by any govern ment or corporation and destroyed, lost, or delivered to a customer after such film was taken; " (

c) any record, document, plan, book or paper belong ing to or deposited with any government or corpor ation,- shall be admissible in evidence in all cases in which and for all purposes for which the object photographed would have been received upon proof that,-

2 "(

i) while such book, record, bill of exchange, promis sory note, cheque, receipt, instrument or document, plan, book or paper was in the custody or control of the government or corporation, the photographic film was taken thereof in order to keep a permanent record thereof; and "(ii) the object photographed was subsequently destroyed by or in the presence of one or more of the em ployees of the government or corporation, or was lost or was delivered to a customer. "

(3) Proof of compliance with the conditions prescribed by this

section may be given by anyone or more of the employees of the government or corporation, having knowl edge of the taking of the photographic film, of such destruc tion, loss, or delivery to a customer, or the making of the print, as the case may be, either orally or by affidavit sworn in any part of Canada before any notary public. " (Ll) Unless the court otherwise orders, a notarial copy of any such affidavit shall be admissible in evidence in lieu of the original affidavit." 2. This Act shall come into force on the day upon which ii is assented to.

No. 36. THIRD SESSION NINTH LEGISLATURE 7 GEORGE VI 1943 BILL An A.ct to amend The Alberta Evidence Act. Received and read the First time Second time ............................ . Third time HON. MR. ABERHART. EDMONTON: A. Shnitka, King's Printer 1943 Title: 1943 (9th, 3rd) Bill 36,

An Act to amend The Alberta Evidence Act

Document details

Collection	Alberta — Bills
Citation	L9 S3 7724
Type	bill
Volume / chapter	L9 S3 7724
Language	en
Format	json
Source	PROVINCIAL
Identifier	cb0c1238ee214148e7500ece2012056adc9406f4

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