00:00In a significant ruling with wide implications for businesses across Trinidad and Tobago,
00:06the High Court has struck down the policy mandating exclusive electronic filing of company documents.
00:13Justice Frank C. Passard ruled that while the state can modernize systems,
00:17it cannot do so in a way that overrides the law.
00:21The case was brought by several companies who challenged the Registrar General's refusal
00:26to accept physical documents after the introduction of the company's registry's online system, known as CROS.
00:35They argued that the sudden shift created barriers to compliance, disrupted their operations,
00:40and went beyond what the company's act allows.
00:43The court agreed.
00:45Justice C. Passard said,
00:46The Registrar General has no inherent authority to create new mandatory preconditions for statutory compliance,
00:54which alters or replaces the express stipulations outlined under the company's act.
01:00The judge emphasized that the law already provides multiple ways to submit documents,
01:06including in-person delivery, and that cannot be removed by policy or regulation.
01:12In one of the most critical findings, the court said the company's act still provides for physical findings,
01:17and the regulations cannot mandate the exclusive use of digital platforms.
01:23The court also found that the Registrar General relied on the format of documents,
01:28whether electronic or paper, as the sole reason for rejection, something not permitted under the law.
01:35Beyond the legal technicalities, the judgment delivered a strong warning about governance
01:40and the limits of administrative power.
01:43Justice C. Passard underscored that delegated legislation could not usurp or alter
01:48any substantive legislative framework and made it clear that only Parliament can make such sweeping changes.
01:55The court also took issue with how the policy was implemented,
01:58ruling that it was procedurally unfair and breached what is known as legitimate expectation.
02:05The court went further.
02:06Justice C. Passard warned that the move to an online-only system risks excluding people
02:12who lack reliable internet access, digital literacy, or the necessary technology.
02:18In a pointed observation, he said,
02:20quote, citizens are not obliged to own a smartphone, possess advanced digital literacy,
02:25or retain professional intermediaries merely to interact with public administration, end quote.
02:31The judgment also raised concerns about cyber security and data privacy.
02:36The court cautioned that the centralized storage of such sensitive data may give rise to concern,
02:41particularly in a system without clear legal obligations to report data breaches.
02:47Perhaps most striking, the judge concluded that the policy did not just inconvenience users,
02:53but actively created risk.
02:55He ruled that, quote,
02:57the mandatory online system creates unreasonable barriers to compliance
03:01and warned that companies could face penalties not because they failed to comply with the law,
03:06but because of technical issues beyond their control.
03:10The court found that removing physical filing left businesses without a fallback option,
03:15exposing them to system failures, login issues, or upload errors.
03:19As a result, the court granted sweeping relief.
03:22It declared the policy unlawful.
03:24quashed the decision to mandate exclusive electronic filing
03:28and ordered the Registrar General to accept hard-copy documents once again.
03:33However, the ruling has been stayed for 42 days,
03:36giving the state time to decide whether to appeal or amend the law.
03:40Urvishita Wari Rupnarein, TV6 News.
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