Electronic documents used to meet record-keeping or production requirements must be readable, complete, and unaltered; certain documents may be kept or produced electronically if those conditions are met.
General requirements for electronic documents 1. If a person carries or keeps an electronic document in order to comply with a requirement to carry or keep a document under the Act or the regulations, the electronic document shall meet the following requirements: 1. It must be in a readable format. 2. It must be complete, as required by law. 3. It must be unaltered in its final form. Electronic documents — commercial motor vehicles 2. (1) Any document in respect of a commercial motor vehicle that is required to be carried, kept, produced or surrendered under section 7, 16, 82.1, 110, 110.2, 116, 121 or 216.1 of the Act may be carried, kept, produced or surrendered in electronic format if the document meets the requirements of section 1 of this Regulation. (2) The following requirements apply to a person who is required to produce or surrender a document in respect of a commercial motor vehicle under section 7, 16, 82.1, 110, 110.2, 116 or 121 of the Act in electronic format: 1. If a police officer requires the person to electronically transmit the document to the officer, the person shall do so. 2. If a police officer requires the person to produce or surrender the document, the person shall, at the person’s option, either, i. produce an electronic display of the document that is readable from outside the vehicle, or ii. produce or surrender a printed copy of the document. (3) The following requirements apply to a person who is required to produce or surrender a document in respect of a commercial motor vehicle under section 7, 16, 82.1, 110, 110.2, 116, 121 or 216.1 of the Act in electronic format: 1. If an officer appointed for carrying out the provisions of the Act requires the person to electronically transmit the document to the officer, the person shall do so. 2. If an officer appointed for carrying out the provisions of the Act requires the person to produce or surrender the document, the person shall, at the person’s option, either, i. produce an electronic display of the document that is readable from outside the vehicle, or ii. produce or surrender a printed copy of the document. Electronic documents — garage and storage licences 3. (1) Any document that is required to be kept or produced under section 60 of the Act or under Regulation 595 of the Revised Regulations of Ontario, 1990 (Garage Licences) made under the Act may be kept or produced in electronic format if the document meets the requirements of section 1 of this Regulation. (2) The following requirements apply with respect to a person who keeps a document in respect of a garage or storage licence in electronic format: 1. If a police officer or officer appointed for carrying out the provisions of the Act requires the person to generate a printed copy of the document, the person shall do so if the person has the technical capacity to do so. 2. If a police officer or officer appointed for carrying out the provisions of the Act requires that the document be stored or transmitted in a particular way, the person shall store or transmit the document in accordance with the officer’s requirement. Electronic documents — motor vehicle inspection stations 4. (1) Any document that is required to be kept, produced or surrendered under section 98 of the Act or under Regulation 601 of the Revised Regulations of Ontario, 1990 (Motor Vehicle Inspection Stations) made under the Act may be kept, produced or surrendered in electronic format if the document meets the requirements of section 1 of this Regulation. (2) The following requirements apply with respect to a person who keeps a document in respect of a motor vehicle inspection station in electronic format: 1. If an inspector appointed under section 98 of the Act requires the person to generate a printed copy of the document, the person shall do so if the person has the technical capacity to do so. 2. If an inspector appointed under section 98 of the Act requires that the document be stored or transmitted in a particular way, the person shall store or transmit the document in accordance with the inspector’s requirement. Certification 5. (1) Where a police officer, officer appointed for carrying out the provisions of the Act or inspector appointed under section 98 of the Act obtains or receives an electronic document from a person who is required to carry, keep, produce or surrender a document under the Act or the regulations, the officer or inspector may make an electronic or printed copy of the document. (2) An electronic or printed document that purports to be certified as a true copy of an electronic document obtained or received by a police officer, officer appointed for carrying out the provisions of the Act or inspector appointed under section 98 of the Act is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original document and its contents. 6. Omitted (provides for coming into force of provisions of this Regulation).