(1) An ambassador, minister, diplomatic agent or consular officer may issue a certificate that a matter the subject of an application under section 75 is a criminal, civil or commercial matter and that the court or tribunal requires the evidence pending before a court or tribunal in the country in which he is employed.

(2) If no certificate under subsection (1) is issued, other evidence shall be admissible to show that the matter for which the evidence is required is pending before a court or tribunal in another country.