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40 O C T O B E R 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m the extent that the choices made can result in a more standardized output, that would allow the Competition Bureau to be much more efficient when it receives this data. As opposed to spending time struggling with idiosyncratic formats, the bureau can put it right into the litigation support platforms and dig into the essence of the matter." Few other regulatory agencies or admin- istrative tribunals have gone as far as the Competition Bureau in issuing guidelines for e-document production. For example, the Canadian International Trade Tribu- nal has been receiving e-documents for a decade, but chairman Stephen Leach says as long as they're submitted in Word or PDF format, the tribunal is satisfied. "For data- bases, we've seen all kinds of formats, and it really doesn't matter to us. We're more concerned about the substantive content." Regulatory agencies and tribunals are ahead of the courts in working with elec- tronic documents, but most have tended to take what they're given rather than try to shape what they're given, says Domi- nic Jaar, a partner with KPMG's advisory services. "There should be more collabo- ration among regulatory agencies, admin tribunals, and even courts to define the way forward and agree at least to a baseline." Securities regulators are most advanced in developing e-production guidelines, but Jaar says they've done so reactively. Files came in many formats and some of them were provided on USB keys, some on DVDs. It was impossible for them to make sense of it all without guidelines. The British Columbia Securities Com- mission, which mandates that documents for its enforcement hearings be delivered and displayed electronically, has issued Policy 15-601 to set acceptable standards for document images and their associated descriptive information. Other than argu- ments or submissions, which must be in pdf format, all documents must be scanned and saved in tiff format. Where practical, all "native" e-files such as Office documents, pdfs, or e-mails must be converted to tiffs. For filings not intended for enforcement hearings, BCSC is a "big advocate of struc- tured data," says Peter Brady, its director of corporate finance. "I think it's only a matter of time before we require more and more of those filings to be in specific formats so that we can analyze the data." He notes the Canadian Securities Administrators has a project underway on "the use of structured data to develop policy and do compliance." In June, the Ontario Securities Commis- sion issued a short practice guideline for electronic copies of written submissions. It says: "All written submissions (including text and image/picture documents) that are filed with the Commission in connection with OSC Proceedings shall, on the same day, also be filed electronically as multi- page Portable Document Formatted (PDF) documents that will allow full text search- ing." A party that doesn't comply with the practice guideline may be considered by the panel not to have filed its written submis- sions within the prescribed period of time. The Alberta Securities Commission, last year, adopted Rule 15-503 Production of Records. It sets out specific require- ments when ASC staff order records be produced. E-documents must be pro- vided in their "native" electronic format (not printed and provided in paper form); metadata (such as time/date of creation L E G A L R E P O RT \ E - D I S C O V E RY Starting a business, making a will or buying a house? Declaring bankruptcy, dealing with a personal injury, insurance claim or job loss? If you're in the midst of one of life's big events, help is as close as your smartphone, tablet or computer. Simply go to www.CanadianLawList.com to find the right lawyer for your particular legal need. www.CanadianLawList.com is Canada's most comprehensive online directory of lawyers and law firms. And it's easy to use! You can search by city, legal specialty, or name for listings and contact information. Find the legal expertise you need at www.CanadianLawList.com. g a house? nal injury, help is as Si l legal expertise? Looking for Find exactly what you need at www.CanadianLawList.com and it's available to you 24 hours a day. s available y availab y CLLwebsite_CL_Jan_14.indd 1 13-12-03 11:07 AM

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