sec.85Matters relating to evidence and proof

sec.85 Matters relating to evidence and proof

In any proceeding under or for the purposes of this Act— it shall not be necessary to prove the appointment of the registrar, an inspector or the State actuary; and a signature purporting to be that of a person in any capacity referred to in paragraph (a) shall be taken to be the signature it purports to be until the contrary is proved; and a return, report, notice or other document purporting to be duly signed and forwarded to the registrar by the secretary or public officer of a registered corporation and otherwise in conformity with this Act may be received as evidence of any matters stated in such return, report, notice or other document; and the onus of proving that any return, report, notice or document required to be sent or given to the registrar has been so sent or given or that any return, report, notice or document has been compiled or made as required by this Act shall, where the proceeding is in respect of a failure to send or give or compile or make the return, report, notice or document, lie on the registered corporation or officer, secretary or other person against which or whom such failure is alleged; and a certificate purporting to be signed by the registrar certifying that a person named therein is a person possessing actuarial knowledge and experience satisfactory to the Governor in Council and is approved of by the Governor in Council as being an actuary accordingly shall, upon its production, be admissible as evidence of the matters contained in the certificate. s 85 (prev s 77) amd 1993 No. 82 s 3 sch 1 reloc and renum 2003 No. 73 s 183 amd 2005 No. 14 s 2 sch

• (a) it shall not be necessary to prove the appointment of the registrar, an inspector or the State actuary; and
• (b) a signature purporting to be that of a person in any capacity referred to in paragraph (a) shall be taken to be the signature it purports to be until the contrary is proved; and
• (c) a return, report, notice or other document purporting to be duly signed and forwarded to the registrar by the secretary or public officer of a registered corporation and otherwise in conformity with this Act may be received as evidence of any matters stated in such return, report, notice or other document; and
• (d) the onus of proving that any return, report, notice or document required to be sent or given to the registrar has been so sent or given or that any return, report, notice or document has been compiled or made as required by this Act shall, where the proceeding is in respect of a failure to send or give or compile or make the return, report, notice or document, lie on the registered corporation or officer, secretary or other person against which or whom such failure is alleged; and
• (e) a certificate purporting to be signed by the registrar certifying that a person named therein is a person possessing actuarial knowledge and experience satisfactory to the Governor in Council and is approved of by the Governor in Council as being an actuary accordingly shall, upon its production, be admissible as evidence of the matters contained in the certificate.