Electronic Documents Related to Offences Regulation

Electronic Documents Related to Offences Regulation, M.R. 225/2014 The Provincial Court Act , C.C.S.M. c. C275 Regulation 225/2014 Registered September 8, 2014 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions 2-5 Repealed INFORMATIONS 6 Completing an information electronically 7 Signing an information electronically 8 Laying an information electronically 9 Printing an information filed electronically DEALING WITH ELECTRONIC DATA IN COURT 10 Data added to information after filing 11 Court may deal with electronic data WARRANTS AND JUDICIAL AUTHORIZATIONS 11.1 Electronic applications for warrants and judicial authorizations 11.2 Issuing warrant or judicial authorization electronically COMING INTO FORCE 12 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "information" , unless the context requires otherwise, means an information laid by a peace officer to commence a proceeding in relation to an offence (a) [repealed] M.R. 97/2017 ; (b) under the Criminal Code (Canada) or any other federal law. (« dénonciation ») "justice" means a justice of the peace or a judge of the court. (« juge ») "PDF format" means the electronic document format known as Portable Document Format. (« format PDF ») "peace officer" , in relation to an offence under the Criminal Code (Canada) or other federal law, means a peace officer or a public officer as "peace officer" and "public officer" are defined in the Criminal Code . (« agent de la paix ») "prescribed form" means, as the context may require, a form prescribed by (a) an Act of the Parliament of Canada; (b) an Act of the Legislature; or (c) a regulation made under an Act referred to in clause (a) or (b). (« formule désignée ») "provincial database" means an information system used by Manitoba Justice for generating, sending, receiving, storing or otherwise processing electronic data related to informations. (« banque de données provinciale ») "transfer" of data means the process of transferring an electronic document or electronic data to a provincial database with no alteration in content or context. (« transfert ») M.R. 97/2017 ; 43/2021 2 to 5 [Repealed] M.R. 97/2017 INFORMATIONS Completing an information electronically 6(1) An information may be completed electronically if the data recorded for it meets the following criteria: 1. It is substantially the same as the form of information that is required by the Criminal Code (Canada), and is capable of being printed in an understandable form in accordance with section 9. 2. It is intelligible and cannot be altered after the information has been signed electronically in accordance with section 7, other than to compress or encrypt coded data as necessary for transfer to a provincial database, or as permitted by section 10. 6(2) A legal requirement for a peace officer to indicate information on an information is satisfied by the information being provided as part of the automated function of an electronic data system used to complete the information electronically. Signing an information electronically 7(1) An information may be signed electronically in accordance with this section by the peace officer laying the information. 7(2) An information that is signed electronically must contain a unique code, name or number assigned to the peace officer signing the information that identifies the peace officer as the originator of the data entered or attested to by him or her. 7(3) The code, name or number mentioned in subsection (2) must (a) be attached to the data entered or attested to by the peace officer mentioned in subsection (2); and (b) be reasonably secure against unauthorized use. 7(4) For the purpose of clause (3)⁠(b), a code, name or number is presumed reasonably secure against unauthorized use if (a) the physical means of generating it are protected; or (b) the electronic means of generating it are themselves a secure code or are protected by a unique password issued in confidence to the signer. 7(5) A requirement that an information be signed by a peace officer is satisfied by an electronic signature made in accordance with this section. Laying an information electronically 8(1) An information completed and signed electronically in accordance with sections 6 and 7 may be laid before a justice by the electronic transfer of data to a provincial database. 8(2) A peace officer who lays an information electronically must, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to the officer's knowledge and belief, and such a statement is deemed to be a statement made under oath. Printing an information filed electronically 9 An information that is completed, signed and filed electronically in accordance with sections 6 to 8 must be capable of being printed in an understandable form and, if printed, must be in a format containing all of the information required under the Criminal Code (Canada). M.R. 97/2017 DEALING WITH ELECTRONIC DATA IN COURT Data added to information after filing 10(1) A person must not alter or add to the data for an information that is filed electronically, except as permitted by this section. 10(2) When authorized by law, a justice may make or authorize a correction or amendment to an information that is filed electronically. 10(3) A requirement under any law that a justice endorse information on an information is satisfied by the justice adding or authorizing the addition of data to the court record respecting an information that is filed electronically. 10(4) A justice may add or authorize the addition of data to complete the court record respecting an information that is filed electronically, including (a) the disposition of the proceeding in relation to the offence alleged in the information; (b) the details of any enforcement measures; (c) the details of the court decision. 10(5) A person authorized to add data under this section may do so only if the person has access to the data respecting informations through a unique password issued to the person in confidence. 10(6) Decoding and expanding coded data or abbreviations based on tables of concordance does not constitute alteration of the data of an information. M.R. 97/2017 Court may deal with electronic data 11 The court may, in all respects, deal with electronic informations that meet the requirements of this regulation. M.R. 97/2017 WARRANTS AND JUDICIAL AUTHORIZATIONS Electronic applications for warrants and judicial authorizations 11.1(1) If an application for a warrant or judicial authorization is not subject to the telewarrant provisions in section 487.1 of the Criminal Code (Canada), the application may be made electronically in accordance with this section. 11.1(2) An oath or affirmation required in respect of the application may be commissioned by any person authorized to commission it under The Manitoba Evidence Act and need not be commissioned by the justice considering the application. 11.1(3) The application must meet the following criteria: 1. If there is a prescribed form for the application, the application is in that form. 2. The application is provided (a) in portable document format (PDF) with the signatures of the informant and the commissioner of oaths made (i) physically on the paper form before the form is converted into PDF format, or (ii) by means of an electronic signature that reliably identifies the person signing the application; or (b) in an electronic format similar to an information signed electronically laid under this regulation, in which case sections 7 to 9 apply to the application, with necessary changes. 3. The application is intelligible and cannot be altered after it has been signed electronically. M.R. 43/2021 Issuing warrant or judicial authorization electronically 11.2(1) A justice may issue a warrant or judicial authorization in PDF format, with the justice's signature made (a) physically on the paper form before the form is converted into PDF format; or (b) by means of an electronic signature that reliably identifies the justice signing the authorization. 11.2(2) If there is a prescribed form for a warrant or judicial authorization, a warrant or authorization issued electronically in accordance in subsection (1) must be in that form. 11.2(3) A warrant or judicial authorization issued electronically in accordance with subsection (1) may be provided to a peace officer by electronic means. 11.2(4) If a provision of an Act of the Parliament of Canada, an Act of the Legislature or a regulation under any such Act requires a warrant or judicial authorization to be given to any person or affixed to any premises, the requirement is fulfilled by giving or affixing a paper copy of the electronically issued warrant or authorization. M.R. 43/2021 COMING INTO FORCE Coming into force 12 This regulation comes into force on the day that The Provincial Court Amendment Act , S.M. 2013, c. 26, comes into force.