The Law Society of Newfoundland and Labrador received the following notice from the Department of Justice and Public Safety on 3 November 2026, and is sharing with members to provide an opportunity for feedback.

The Department of Justice and Public Safety is considering proposed amendments to the Evidence Act that would align the treatment of electronic records with sections 31.1 to 31.8 of the Canada Evidence Act.

The proposed amendments would likely include:

• Adding definitions of “data,” “electronic document” and “electronic documents system,” substantially similar to those in section 31.8 of the Canada Evidence Act.
• Establishing authentication requirements for the admission of electronic documents as evidence, similar to section 31.1 of the Canada Evidence Act.
• Applying the best evidence rule to electronic documents, similar to section 31.2 of the Canada Evidence Act.
• Establishing a presumption of integrity for electronic documents systems where certain criteria are met, similar to section 31.3 of the Canada Evidence Act.
• Providing for evidence regarding standards, similar to section 31.5 of the Canada Evidence Act.
• Providing for proof by affidavit, similar to section 31.6 of the Canada Evidence Act.
• Establishing the scope of application of the amendments, similar to section 31.7 of the Canada Evidence Act.

Please submit your input here by 5:00 p.m. on 10 November 2026. The Department remains available to discuss the proposed amendments.

Posted: 4 November 2026