34.1 (1) In this section, “data” means representations, in any form, of information or concepts; (“données”) “electronic record” means data that is recorded or stored on any medium in or by a computer system or other similar device, that can be read or perceived by a person or a computer system or other similar device, and includes a display, printout or other output of that data, other than a printout referred to in subsection (6); (“document électronique”) “electronic records system” includes the computer system or other similar device by or in which data is recorded or stored, and any procedures related to the recording and storage of electronic records. (“système d’archivage électronique”)  1999, c. 12, Sched. B, s. 7 (2). Application (2) This section does not modify any common law or statutory rule relating to the admissibility of records, except the rules relating to authentication and best evidence.  1999, c. 12, Sched. B, s. 7 (2). Power of court (3) A court may have regard to evidence adduced under this section in applying any common law or statutory rule relating to the admissibility of records.  1999, c. 12, Sched. B, s. 7 (2). Authentication (4) The person seeking to introduce an electronic record has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic record is what the person claims it to be.  1999, c. 12, Sched. B, s. 7 (2). Application of best evidence rule (5) Subject to subsection (6), where the best evidence rule is applicable in respect of an electronic record, it is satisfied on proof of the integrity of the electronic record.  2000, c. 26, Sched. A, s. 7 (1). Same (5.1) The integrity of an electronic record may be proved by evidence of the integrity of the electronic records system by or in which the data was recorded or stored, or by evidence that reliable encryption techniques were used to support the integrity of the electronic record.  2000, c. 26, Sched. A, s. 7 (1). What constitutes record (6) An electronic record in the form of a printout that has been manifestly or consistently acted on, relied upon, or used as the record of the information recorded or stored on the printout, is the record for the purposes of the best evidence rule.  1999, c. 12, Sched. B, s. 7 (2). Presumption of integrity (7) In the absence of evidence to the contrary, the integrity of the electronic records system by or in which an electronic record is recorded or stored is proved for the purposes of subsection (5), (a) by evidence that supports a finding that at all material times the computer system or other similar device was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic record, and there are no other reasonable grounds to doubt the integrity of the electronic records system; (b) if it is established that the electronic record was recorded or stored by a party to the proceeding who is adverse in interest to the party seeking to introduce it; or (c) if it is established that the electronic record was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceeding and who did not record or store it under the control of the party seeking to introduce the record.  1999, c. 12, Sched. B, s. 7 (2). Standards (8) For the purpose of determining under any rule of law whether an electronic record is admissible, evidence may be presented in respect of any standard, procedure, usage or practice on how electronic records are to be recorded or stored, having regard to the type of business or endeavour that used, recorded or stored the electronic record and the nature and purpose of the electronic record.  1999, c. 12, Sched. B, s. 7 (2). Proof by affidavit (9) The matters referred to in subsections (6), (7) and (8) may be established by an affidavit given to the best of the deponent’s knowledge and belief.  1999, c. 12, Sched. B, s. 7 (2). Cross-examination (10) A deponent of an affidavit referred to in subsection (9) that has been introduced in evidence may be cross-examined as of right by a party to the proceeding who is adverse in interest to the party who has introduced the affidavit or has caused the affidavit to be introduced.  1999, c. 12, Sched. B, s. 7 (2). Same (11) Any party to the proceeding may, with leave of the court, cross-examine a person referred to in clause (7) (c).  1999, c. 12, Sched. B, s. 7 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. B, s. 7 (2) - 30/06/2000 2000, c. 26, Sched. A, s. 7 (1) - 15/04/2001 Business records