PART XIV ENFORCEMENT
447.6
447.6 (1) A copy of any record under the control of the clerk of the municipality purporting to be certified by the clerk and under the seal of the municipality may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the seal or of the signature or official character of the person signing it, unless the court or tribunal otherwise directs.  2006, c. 32, Sched. A, s. 184.  Certified copies, local boards (2) A copy of any record under the control of an officer of a local board purporting to be certified by the officer and under the seal of the local board or containing a statement by the officer that there is no seal may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the seal or statement or of the signature or official character of the person signing it, unless the court or tribunal otherwise directs.  2006, c. 32, Sched. A, s. 184. Same, records (3) A copy of any record transferred to a person pursuant to an agreement under section 254 and certified by the person or an officer of the person having responsibility for the record may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the signature or official character of the person signing it, unless the court or tribunal otherwise directs.  2006, c. 32, Sched. A, s. 184. Prescribed records (3.1) A copy of any prescribed record purporting to have been made under this Act or under a by-law made under this Act and purporting to be certified by a prescribed person may be filed and used in any court or tribunal instead of the original and is admissible in evidence without proof of the signature or official character of the person signing it, unless the court or tribunal otherwise directs. 2017, c. 10, Sched. 1, s. 79. Statement of licensing status (4) In any prosecution or proceeding under a business licensing by-law providing for a system of licences for a business, a statement as to the licensing or non-licensing of any premises or person purporting to be signed by the clerk of a municipality, by the chief administrative officer of a police services board or by the chief administrative officer of any other person or body to whom the municipality has delegated its licensing powers is, without proof of the office or signature of the clerk or officer, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the statement for all purposes in the prosecution or proceeding.  2006, c. 32, Sched. A, s. 184. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 447.6 (4) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 33 (20)) Statements, other than licensing status (4.1) In any prosecution or proceeding under this Act or under a by-law made under this Act, a statement as to a prescribed matter purporting to be signed by a prescribed person is, without proof of the office or signature of the person, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the statement for all purposes in the prosecution or proceeding. 2017, c. 10, Sched. 1, s. 79. Proof of seal or signature not required (5) Every by-law purporting to be under the seal of a municipality and signed by head of council or presiding officer at the meeting at which the by-law is passed, when produced by the clerk or any other officer of the municipality charged with the custody of it, is admissible in evidence in all courts without proof of the seal or signature.  2006, c. 32, Sched. A, s. 184. Photocopies (6) A by-law or resolution passed under section 255 may provide that a specified copy of a record is deemed to be the original for the purposes of this section if the original has been destroyed in accordance with section 255 or the by-law or resolution under that section.  2006, c. 32, Sched. A, s. 184. Admissibility (7) Nothing in subsection (6) renders admissible in evidence a copy of a record that is not otherwise admissible by statute or the law of evidence.  2006, c. 32, Sched. A, s. 184. Evidence re debentures (8) If there is no original written record of or related to a debenture, any writing produced from an electronic or magnetic medium that is in a readily understandable form is admissible in evidence to the same extent as if it were an original written record.  2006, c. 32, Sched. A, s. 184. Regulations (9) The Minister may make regulations prescribing anything referred to in subsections (3.1) and (4.1) as being prescribed. 2017, c. 10, Sched. 1, s. 79. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 2017, c. 10, Sched. 1, s. 79 - 30/05/2017 2018, c. 3, Sched. 5, s. 35 (20) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (20) - not in force