GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Evidence Act — C-5 38.41
Certificate of Attorney General of Canada 38.41 (1) The Attorney General of Canada may personally issue a certificate that prohibits the disclosure of information in connection with a federal proceeding for the purpose of protecting information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Foreign Interference and Security of Information Act or for the purpose of protecting national defence or national security. The certificate may only be issued after an order or decision that would result in the disclosure of the information to be subject to the certificate has been made under this or any other Act of Parliament. Service of certificate (2) The Attorney General of Canada must cause a copy of the certificate to be served on (a) the person presiding or designated to preside at the federal proceeding to which the information relates or, if no person is designated, the person who has the authority to designate a person to preside; (b) every party to the federal proceeding; (c) every person who gives notice under section 38.21 in connection with the federal proceeding; (d) every person who, in connection with the federal proceeding, may disclose, is required to disclose or may cause the disclosure of the information about which the Attorney General of Canada has received notice under section 38.21 ; (e) every party to a hearing under subsection 38.25 (5) or to an appeal of an order made under any of subsections 38.26 (1) to (3) in relation to the information; (f) any court that hears an appeal from an order made under any of subsections 38.26 (1) to (3) in relation to the information; and (g) any other person who, in the opinion of the Attorney General of Canada, should be served. Filing of certificate (3) The Attorney General of Canada must cause a copy of the certificate to be filed in the registry of the Federal Court of Appeal or the Federal Court, as the case may be, and the registry of any court that hears an appeal from an order made under any of subsections 38.26 (1) to (3). Effect of certificate (4) If the Attorney General of Canada issues a certificate, then, despite any other provision of this Act, disclosure of the information is prohibited in accordance with the terms of the certificate. Statutory Instruments Act does not apply (5) The Statutory Instruments Act does not apply to a certificate issued under subsection (1). Publication (6) The Attorney General of Canada must, without delay after a certificate is issued, cause the certificate to be published in the Canada Gazette . Restriction (7) The certificate and any matters arising out of it are not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with section 38.42 . Expiry (8) The certificate expires 10 years after the day on which it is issued and may be reissued. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.42
Application for review of certificate 38.42 (1) A party to the federal proceeding referred to in section 38.41 may apply to the Federal Court of Appeal for an order varying or cancelling a certificate issued under that section on the grounds referred to in subsection (7) or (8), as the case may be. Notice to Attorney General of Canada (2) The applicant must give notice of the application to the Attorney General of Canada. Single judge (3) Despite paragraph (a) of the definition judge in section 38.2 and section 16 of the Federal Courts Act , for the purposes of the application, the Federal Court of Appeal consists of a single judge of that Court. Admissible information (4) In considering the application, the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base a determination made under any of subsections (7) to (9) on that evidence. Special rules and protective order (5) Sections 38.3 and 38.31 apply, with any necessary modifications, to an application made under subsection (1). Expedited consideration (6) The judge must consider the application as soon as reasonably possible, but not later than 10 days after the application is made under subsection (1). Varying certificate (7) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity, or to national defence or national security, the judge must make an order varying the certificate accordingly. Cancelling certificate (8) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity, or to national defence or national security, the judge must make an order cancelling the certificate. Confirming certificate (9) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity, or to national defence or national security, the judge must make an order confirming the certificate. Determination is final (10) Despite any other Act of Parliament, a determination of a judge under any of subsections (7) to (9) is final and is not subject to review or appeal by any court. Publication (11) If a certificate is varied or cancelled under this section, the Attorney General of Canada must, as soon as possible after the decision of the judge and in a manner that mentions the original publication of the certificate, cause to be published in the Canada Gazette (a) the certificate as varied under subsection (7); or (b) a notice of the cancellation of the certificate under subsection (8). Definition of foreign entity (12) In this section, foreign entity has the same meaning as in subsection 2(1) of the Foreign Interference and Security of Information Act . 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.43
Regulations 38.43 The Governor in Council may make any regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of sections 38.2 to 38.42 , including regulations respecting the notices and certificates. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.44
Annual report 38.44 The report referred to in section 38.17 must also set out the operation of section 38.41 for the previous year and include the number of certificates issued under that section. 2024, c. 16, s. 84
Canada Evidence Act — C-5 38.45
Rules 38.45 (1) The Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court may each establish a committee to make rules governing the practice and procedure in relation to the participation of special counsel in federal proceedings before the court over which they preside. The rules are binding despite any rule of practice that would otherwise apply. Composition of committees (2) Each committee established is to be composed of the appropriate Chief Justice, the Attorney General of Canada or one or more representatives of the Attorney General of Canada, and one or more members of the bar of any province who have experience in a field of law relevant to federal proceedings. Each Chief Justice may also designate additional members of their committee. Chief Justice to preside (3) Each Chief Justice, or a member designated by them, is to preside over their committee. 2024, c. 16, s. 84
Canada Evidence Act — C-5 39
Objection relating to a confidence of the Queen’s Privy Council 39 (1) Where a minister of the Crown or the Clerk of the Privy Council objects to the disclosure of information before a court, person or body with jurisdiction to compel the production of information by certifying in writing that the information constitutes a confidence of the Queen’s Privy Council for Canada, disclosure of the information shall be refused without examination or hearing of the information by the court, person or body. Definition (2) For the purpose of subsection (1), a confidence of the Queen’s Privy Council for Canada includes, without restricting the generality thereof, information contained in (a) a memorandum the purpose of which is to present proposals or recommendations to Council; (b) a discussion paper the purpose of which is to present background explanations, analyses of problems or policy options to Council for consideration by Council in making decisions; (c) an agendum of Council or a record recording deliberations or decisions of Council; (d) a record used for or reflecting communications or discussions between ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; (e) a record the purpose of which is to brief Ministers of the Crown in relation to matters that are brought before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d); and (f) draft legislation. Definition of Council (3) For the purposes of subsection (2), Council means the Queen’s Privy Council for Canada, committees of the Queen’s Privy Council for Canada, Cabinet and committees of Cabinet. Exception (4) Subsection (1) does not apply in respect of (a) a confidence of the Queen’s Privy Council for Canada that has been in existence for more than twenty years; or (b) a discussion paper described in paragraph (2)(b) (i) if the decisions to which the discussion paper relates have been made public, or (ii) where the decisions have not been made public, if four years have passed since the decisions were made. R.S., 1985, c. C-5, s. 39; 1992, c.1, s. 144(F)
Canada Evidence Act — C-5
document has the same meaning as in section 487.011 of the Criminal Code . ( document )
Canada Evidence Act — C-5
journalist means a person whose main occupation is to contribute directly, either regularly or occasionally, for consideration, to the collection, writing or production of information for dissemination by the media, or anyone who assists such a person. ( journaliste )
Canada Evidence Act — C-5
journalistic source means a source that confidentially transmits information to a journalist on the journalist’s undertaking not to divulge the identity of the source, whose anonymity is essential to the relationship between the journalist and the source. ( source journalistique )
Canada Evidence Act — C-5 40
How applicable 40 In all proceedings over which Parliament has legislative authority, the laws of evidence in force in the province in which those proceedings are taken, including the laws of proof of service of any warrant, summons, subpoena or other document, subject to this Act and other Acts of Parliament, apply to those proceedings. R.S., c. E-10, s. 37
Canada Evidence Act — C-5 41
Solemn declaration 41 Any judge, notary public, justice of the peace, provincial court judge, recorder, mayor or commissioner authorized to take affidavits to be used either in the provincial or federal courts, or any other functionary authorized by law to administer an oath in any matter, may receive the solemn declaration of any person voluntarily making the declaration before him, in the following form, in attestation of the execution of any writing, deed or instrument, or of the truth of any fact, or of any account rendered in writing: I, , solemnly declare that ( state the fact or facts declared to ), and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. Declared before me at this day of 19 R.S., 1985, c. C-5, s. 41; R.S., 1985, c. 27 (1st Supp.), s. 203
Canada Evidence Act — C-5
I, , solemnly declare that ( state the fact or facts declared to ), and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.
Canada Evidence Act — C-5 42
Affidavits, etc. 42 Any affidavit, solemn affirmation or declaration required by any insurance company authorized by law to do business in Canada, in regard to any loss of or injury to person, property or life insured or assured therein, may be taken before any commissioner or other person authorized to take affidavits, before any justice of the peace or before any notary public for any province, and the commissioner, person, justice of the peace or notary public is required to take the affidavit, solemn affirmation or declaration. R.S., c. E-10, s. 39
Canada Evidence Act — C-5 43
Foreign courts 43 This Part applies to the taking of evidence relating to proceedings in courts out of Canada. R.S., c. E-10, s. 40
Canada Evidence Act — C-5 44
Definitions 44 In this Part, cause includes a proceeding against a criminal; ( cause ) court means any superior court in any province; ( tribunal ) judge means any judge of any superior court in any province; ( juge ) oath includes a solemn affirmation in cases in which, by the law of Canada, or of a province, as the case may be, a solemn affirmation is allowed instead of an oath. ( serment ) R.S., c. E-10, s. 41; 1984, c. 40, s. 27
Canada Evidence Act — C-5
cause includes a proceeding against a criminal; ( cause )
Canada Evidence Act — C-5
court means any superior court in any province; ( tribunal )
Canada Evidence Act — C-5
judge means any judge of any superior court in any province; ( juge )
Canada Evidence Act — C-5
oath includes a solemn affirmation in cases in which, by the law of Canada, or of a province, as the case may be, a solemn affirmation is allowed instead of an oath. ( serment )
Canada Evidence Act — C-5 45
Construction 45 This Part shall not be so construed as to interfere with the right of legislation of the legislature of any province requisite or desirable for the carrying out of the objects hereof. R.S., c. E-10, s. 42
Canada Evidence Act — C-5 46
Order for examination of witness in Canada 46 (1) If, on an application for that purpose, it is made to appear to any court or judge that any court or tribunal outside Canada, before which any civil, commercial or criminal matter is pending, is desirous of obtaining the testimony in relation to that matter of a party or witness within the jurisdiction of the first mentioned court, of the court to which the judge belongs or of the judge, the court or judge may, in its or their discretion, order the examination on oath on interrogatories, or otherwise, before any person or persons named in the order, of that party or witness accordingly, and by the same or any subsequent order may command the attendance of that party or witness for the purpose of being examined, and for the production of any writings or other documents mentioned in the order and of any other writings or documents relating to the matter in question that are in the possession or power of that party or witness. Video links, etc. (2) For greater certainty, testimony for the purposes of subsection (1) may be given by means of technology that permits the virtual presence of the party or witness before the court or tribunal outside Canada or that permits that court or tribunal, and the parties, to hear and examine the party or witness. R.S., 1985, c. C-5, s. 46; 1999, c. 18, s. 89
Canada Evidence Act — C-5 47
Enforcement of the order 47 On the service on the party or witness of an order referred to in section 46, and of an appointment of a time and place for the examination of the party or witness signed by the person named in the order for taking the examination, or, if more than one person is named, by one of the persons named, and on payment or tender of the like conduct money as is properly payable on attendance at a trial, the order may be enforced in like manner as an order made by the court or judge in a cause pending in that court or before that judge. R.S., c. E-10, s. 44
Canada Evidence Act — C-5 48
Expenses and conduct money 48 Every person whose attendance is required in the manner described in section 47 is entitled to the like conduct money and payment for expenses and loss of time as on attendance at a trial. R.S., c. E-10, s. 45
Canada Evidence Act — C-5 49
Administering oath 49 On any examination of parties or witnesses, under the authority of any order made in pursuance of this Part, the oath shall be administered by the person authorized to take the examination, or, if more than one person is authorized, by one of those persons. R.S., c. E-10, s. 46
Canada Evidence Act — C-5 50
Right of refusal to answer or produce document 50 (1) Any person examined under any order made under this Part has the like right to refuse to answer questions tending to criminate himself, or other questions, as a party or witness, as the case may be, would have in any cause pending in the court by which, or by a judge whereof, the order is made. Laws about witnesses to apply — video links etc. (1.1) Despite subsection (1), when a party or witness gives evidence under subsection 46(2), the evidence shall be given as though they were physically before the court or tribunal outside Canada, for the purposes of the laws relating to evidence and procedure but only to the extent that giving the evidence would not disclose information otherwise protected by the Canadian law of non-disclosure of information or privilege. Contempt of court in Canada (1.2) When a party or witness gives evidence under subsection 46(2), the Canadian law relating to contempt of court applies with respect to a refusal by the party or witness to answer a question or to produce a writing or document referred to in subsection 46(1), as ordered under that subsection by the court or judge. Nature of right (2) No person shall be compelled to produce, under any order referred to in subsection (1), any writing or other document that he could not be compelled to produce at a trial of such a cause. R.S., 1985, c. C-5, s. 50; 1999, c. 18, s. 90
Canada Evidence Act — C-5 51
Rules of court 51 (1) The court may frame rules and orders in relation to procedure and to the evidence to be produced in support of the application for an order for examination of parties and witnesses under this Part, and generally for carrying this Part into effect. Letters rogatory (2) In the absence of any order in relation to the evidence to be produced in support of the application referred to in subsection (1), letters rogatory from a court or tribunal outside Canada in which the civil, commercial or criminal matter is pending, are deemed and taken to be sufficient evidence in support of the application. R.S., 1985, c. C-5, s. 51; 1999, c. 18, s. 91
Canada Evidence Act — C-5 52
Application of this Part 52 This Part extends to the following classes of persons: (a) officers of any of Her Majesty’s diplomatic or consular services while performing their functions in any foreign country, including ambassadors, envoys, ministers, charges d’affaires, counsellors, secretaries, attaches, consuls general, consuls, vice-consuls, pro-consuls, consular agents, acting consuls general, acting consuls, acting vice-consuls and acting consular agents; (b) officers of the Canadian diplomatic, consular and representative services while performing their functions in any foreign country or in any part of the Commonwealth and Dependent Territories other than Canada, including, in addition to the diplomatic and consular officers mentioned in paragraph (a), high commissioners, permanent delegates, acting high commissioners, acting permanent delegates, counsellors and secretaries; (c) Canadian Government Trade Commissioners and Assistant Canadian Government Trade Commissioners while performing their functions in any foreign country or in any part of the Commonwealth and Dependent Territories other than Canada; (d) honorary consular officers of Canada while performing their functions in any foreign country or in any part of the Commonwealth and Dependent Territories other than Canada; (e) judicial officials in a foreign country in respect of oaths, affidavits, solemn affirmations, declarations or similar documents that the official is authorized to administer, take or receive; and (f) persons locally engaged and designated by the Deputy Minister of Foreign Affairs or any other person authorized by that Deputy Minister while performing their functions in any foreign country or in any part of the Commonwealth and Dependent Territories other than Canada. R.S., 1985, c. C-5, s. 52; 1994, c. 44, s. 92; 1997, c. 18, s. 118
Canada Evidence Act — C-5 53
Oaths taken abroad 53 Oaths, affidavits, solemn affirmations or declarations administered, taken or received outside Canada by any person mentioned in section 52 are as valid and effectual and are of the like force and effect to all intents and purposes as if they had been administered, taken or received in Canada by a person authorized to administer, take or receive oaths, affidavits, solemn affirmations or declarations therein that are valid and effectual under this Act. R.S., c. E-10, s. 50
Canada Evidence Act — C-5 54
Documents to be admitted in evidence 54 (1) Any document that purports to have affixed, impressed or subscribed on it or to it the signature of any person authorized by any of paragraphs 52(a) to (d) to administer, take or receive oaths, affidavits, solemn affirmations or declarations, together with their seal or with the seal or stamp of their office, or the office to which the person is attached, in testimony of any oath, affidavit, solemn affirmation or declaration being administered, taken or received by the person, shall be admitted in evidence, without proof of the seal or stamp or of the person’s signature or official character. Status of statements (2) An affidavit, solemn affirmation, declaration or other similar statement taken or received in a foreign country by an official referred to in paragraph 52(e) shall be admitted in evidence without proof of the signature or official character of the official appearing to have signed the affidavit, solemn affirmation, declaration or other statement. R.S., 1985, c. C-5, s. 54; 1994, c. 44, s. 93
Canada Evidence Act — C-5 1
1 A judge of the Federal Court, for the purposes of section 21 of the Canadian Security Intelligence Service Act
Canada Evidence Act — C-5 3
3 A judge of the Federal Court, the Federal Court of Appeal or the Immigration Division or Immigration Appeal Division of the Immigration and Refugee Board, for the purposes of sections 77 to 87.1 of the Immigration and Refugee Protection Act
Canada Evidence Act — C-5 9
9 A board of inquiry convened under section 45 of the National Defence Act
Canada Evidence Act — C-5 10
10 A court martial or a military judge for the purposes of Part III of the National Defence Act
Canada Evidence Act — C-5 11
11 The Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act , for the purposes of a grievance process under the Federal Public Sector Labour Relations Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the Board by the employee
Canada Evidence Act — C-5 12
12 The Information Commissioner, for the purposes of the Access to Information Act
Canada Evidence Act — C-5 13
13 The Privacy Commissioner, for the purposes of the Privacy Act
Canada Evidence Act — C-5 14
14 The Privacy Commissioner, for the purposes of the Personal Information Protection and Electronic Documents Act
Canada Evidence Act — C-5 15
15 A judge of the Federal Court, for the purposes of section 41 of the Access to Information Act
Canada Evidence Act — C-5 16
16 A judge of the Federal Court, for the purpose of sections 41 to 43 of the Privacy Act
Canada Evidence Act — C-5 17
17 A judge of the Federal Court, for the purpose of sections 14 to 17 of the Personal Information Protection and Electronic Documents Act
Canada Evidence Act — C-5 18
18 The National Security and Intelligence Review Agency, for the purposes of sections 16 to 19 of the National Security and Intelligence Review Agency Act , with the exception of any information provided to the Agency by the complainant or an individual who has been denied a security clearance