C-25.01, r. 6.3 - Regulation respecting the Pilot project relating to digital transformation of the administration of justice

Section 22 Disposition versions

2024-04-25

22. Section 108 of the Code of Civil Procedure (chapter C-25.01) is amended as follows:

“108. The parties and the lawyers, or in non-contentious proceedings, the notaries representing the parties, must see to it that exhibits and other documents that contain identifying particulars generally held to be confidential are filed in a form that protects the confidentiality of the information.

Any document or real evidence that is filed in the record as an exhibit must remain in the record until the end of the proceeding, unless all the parties consent to its being removed. If the parties consent to an exhibit in technological media being removed, the exhibit is destroyed by the court clerk. Once the proceeding has ended, the parties must retrieve the hard copy exhibits they have filed or, if the exhibits are in technological media, request that the court clerk destroy them; otherwise, the court clerk may destroy them one year after the date on which the judgment becomes final or the date of the pleading terminating the proceeding. In either caseall cases, the chief justice or chief judge, if of the opinion that the exhibits can still be useful, may stay their destruction.

However, in reviewable or reassessable matters and, in non-contentious cases, notices, certificates, minutes, inventories, medical and psychosocial evidence, affidavits, statements, declarations and documents made enforceable by a judgment, including any child support determination form attached to a judgment, cannot be removed from the record or destroyed.”.

M.O. 2024-5193, s. 22.

Not in force

In force: 2024-04-25

22. Section 108 of the Code of Civil Procedure (chapter C-25.01) is amended as follows:

“108. The parties and the lawyers, or in non-contentious proceedings, the notaries representing the parties, must see to it that exhibits and other documents that contain identifying particulars generally held to be confidential are filed in a form that protects the confidentiality of the information.

Any document or real evidence that is filed in the record as an exhibit must remain in the record until the end of the proceeding, unless all the parties consent to its being removed. If the parties consent to an exhibit in technological media being removed, the exhibit is destroyed by the court clerk. Once the proceeding has ended, the parties must retrieve the hard copy exhibits they have filed or, if the exhibits are in technological media, request that the court clerk destroy them; otherwise, the court clerk may destroy them one year after the date on which the judgment becomes final or the date of the pleading terminating the proceeding. In either caseall cases, the chief justice or chief judge, if of the opinion that the exhibits can still be useful, may stay their destruction.

However, in reviewable or reassessable matters and, in non-contentious cases, notices, certificates, minutes, inventories, medical and psychosocial evidence, affidavits, statements, declarations and documents made enforceable by a judgment, including any child support determination form attached to a judgment, cannot be removed from the record or destroyed.”.

M.O. 2024-5193, s. 22.