Order in Council No 132

March 4, 2005

Order in Council No 132 Approved and Ordered February 24, 2005Executive Council Chambers, VictoriaOn the recommendation of the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that     (a)  section 6 of the Justice Modernization Statutes Admendment Act, 2004, S.B.C. 2004, c.65, is brought into force, and     (b)  the following Electronic Court Documents Regulation is made.RE:  ELECTRONIC COURT DOCUMENTS REGULATIONDefinition1   In this regulation, “Act” means the Evidence Act.Electronic court systems2   The following electronic information or record systems are designated as electronic court systems      for the purpose of section 41.1 of the Act.      (a)  the Civil Electronic Information Systems.     (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 System;     (g)  the Search Warrant Tracking System.Secure electronic signatures3   (1)   A record contained within an electronic court system and signed electronically by the 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 purposes of subsection (1) are the            following:     (a)  a person who exerices 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 any employee of the government of any jurisdication, 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.The Electronic Court Documents Regulation under B.C. Regulation No. 60/2005 was deposited February 25, 2005.If you have any question regarding this Order in Council or would like a copy of this Order in Council, please contact our Dye & Durham Litigation Department at 604-257-1854 or email [email protected]

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