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| Definitions
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31. (1) The definitions in this subsection
apply in this Part.
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``data''
« données »
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``data'' means representations of information
or concepts, in any form.
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``electronic
document''
« document
électroni-
que »
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``electronic document'' means data that is
recorded or stored on any medium in or by
a computer system or other similar device
and that can be read or perceived by a
person or a computer system or other
similar device. It includes a display,
printout or other output of that data.
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``electronic
signature''
« signature
électroni-
que »
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``electronic signature'' means a signature that
consists of one or more letters, characters,
numbers or other symbols in digital form
incorporated in, attached to or associated
with an electronic document.
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``federal law''
« texte
législatif »
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``federal law'' means an Act of Parliament or
an instrument, regardless of its name,
issued, made or established under an Act of
Parliament or a prerogative of the Crown,
other than an instrument issued, made or
established under the Yukon Act, the
Northwest Territories Act or the Nunavut
Act.
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``responsible
authority''
« autorité
responsa-
ble »
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``responsible authority'', in respect of a
provision of a federal law, means
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(a) if the federal law is an Act of
Parliament, the minister responsible for
that provision;
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(b) if the federal law is an instrument
issued, made or established under an Act
of Parliament or a prerogative of the
Crown, the person or body who issued,
made or established the instrument; or
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(c) despite paragraph (a) or (b), the
person or body designated by the
Governor in Council under subsection
(2).
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``secure
electronic
signature''
« signature
électronique
sécurisée »
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``secure electronic signature'' means an
electronic signature that results from the
application of a technology or process
prescribed by regulations made under
subsection 48(1).
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| Designation
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(2) The Governor in Council may, by order,
for the purposes of this Part, designate any
person, including any member of the Queen's
Privy Council for Canada, or body to be the
responsible authority in respect of a provision
of a federal law if the Governor in Council is
of the opinion that it is appropriate to do so in
the circumstances.
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| Purpose
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32. The purpose of this Part is to provide for
the use of electronic alternatives in the manner
provided for in this Part where federal laws
contemplate the use of paper to record or
communicate information or transactions.
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| Collection,
storage, etc.
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33. A minister of the Crown and any
department, branch, office, board, agency,
commission, corporation or body for the
administration of affairs of which a minister of
the Crown is accountable to the Parliament of
Canada may use electronic means to create,
collect, receive, store, transfer, distribute,
publish or otherwise deal with documents or
information whenever a federal law does not
specify the manner of doing so.
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| Electronic
payment
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34. A payment that is required to be made
to the Government of Canada may be made in
electronic form in any manner specified by the
Receiver General.
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| Electronic
version of
statutory form
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35. (1) If a provision of an Act of Parliament
establishes a form, the responsible authority in
respect of that provision may make
regulations respecting an electronic form that
is substantially the same as the form
established in the provision, and the electronic
form may be used for the same purposes as the
form established in the provision.
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| Statutory
manner of
filing
documents
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(2) If a non-electronic manner of filing a
document is set out in a provision of an Act of
Parliament, the responsible authority in
respect of that provision may make
regulations respecting the filing of an
electronic version of the document, and an
electronic version of the document filed in
accordance with those regulations is to be
considered as a document filed in accordance
with the provision.
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| Statutory
manner of
submitting
information
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(3) If a non-electronic manner of submitting
information is set out in a provision of an Act
of Parliament, the responsible authority in
respect of that provision may make
regulations respecting the manner of
submitting the information using electronic
means, and information submitted in
accordance with those regulations is to be
considered as information submitted in
accordance with the provision.
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| Authority to
prescribe
form, etc.
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(4) The authority under a federal law to
issue, prescribe or in any other manner
establish a form, or to establish the manner of
filing a document or submitting information,
includes the authority to issue, prescribe or
establish an electronic form, or to establish an
electronic manner of filing the document or
submitting information, as the case may be.
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| Meaning of
``filing''
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(5) In this section, ``filing'' includes all
manner of submitting, regardless of how it is
designated.
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| Documents as
evidence or
proof
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36. A provision of a federal law that
provides that a certificate or other document
signed by a minister or public officer is proof
of any matter or thing, or is admissible in
evidence, is, subject to the federal law,
satisfied by an electronic version of the
certificate or other document if the electronic
version is signed by the minister or public
officer with that person's secure electronic
signature.
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| Retention of
documents
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37. A requirement under a provision of a
federal law to retain a document for a
specified period is satisfied, with respect to an
electronic document, by the retention of the
electronic document if
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(a) the electronic document is retained for
the specified period in the format in which
it was made, sent or received, or in a format
that does not change the information
contained in the electronic document that
was originally made, sent or received;
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(b) the information in the electronic
document will be readable or perceivable
by any person who is entitled to have access
to the electronic document or who is
authorized to require the production of the
electronic document; and
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(c) if the electronic document was sent or
received, any information that identifies the
origin and destination of the electronic
document and the date and time when it was
sent or received is also retained.
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| Notarial act
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38. A reference in a provision of a federal
law to a document recognized as a notarial act
in the province of Quebec is deemed to
include an electronic version of the document
if
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(a) the electronic version of the document
is recognized as a notarial act under the laws
of the province of Quebec; and
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(b) the federal law or the provision is listed
in Schedule 2 or 3.
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| Seals
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39. A requirement under a provision of a
federal law for a person's seal is satisfied by a
secure electronic signature that identifies the
secure electronic signature as the person's seal
if the federal law or the provision is listed in
Schedule 2 or 3.
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Require-
ments to
provide
documents or
information
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40. A provision of a federal law requiring a
person to provide another person with a
document or information, other than a
provision referred to in any of sections 41 to
47, is satisfied by the provision of the
document or information in electronic form if
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(a) the federal law or the provision is listed
in Schedule 2 or 3;
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(b) both persons have agreed to the
document or information being provided in
electronic form; and
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(c) the document or information in
electronic form will be under the control of
the person to whom it is provided and will
be readable or perceivable so as to be usable
for subsequent reference.
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| Writing
requirements
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41. A requirement under a provision of a
federal law for a document to be in writing is
satisfied by an electronic document if
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(a) the federal law or the provision is listed
in Schedule 2 or 3; and
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(b) the regulations respecting the
application of this section to the provision
have been complied with.
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| Original
documents
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42. A requirement under a provision of a
federal law for a document to be in its original
form is satisfied by an electronic document if
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(a) the federal law or the provision is listed
in Schedule 2 or 3;
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(b) the electronic document contains a
secure electronic signature that was added
when the electronic document was first
generated in its final form and that can be
used to verify that the electronic document
has not been changed since that time; and
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(c) the regulations respecting the
application of this section to the provision
have been complied with.
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| Signatures
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43. Subject to sections 44 to 46, a
requirement under a provision of a federal law
for a signature is satisfied by an electronic
signature if
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(a) the federal law or the provision is listed
in Schedule 2 or 3; and
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(b) the regulations respecting the
application of this section to the provision
have been complied with.
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| Statements
made under
oath
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44. A statement required to be made under
oath or solemn affirmation under a provision
of a federal law may be made in electronic
form if
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(a) the person who makes the statement
signs it with that person's secure electronic
signature;
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(b) the person before whom the statement
was made, and who is authorized to take
statements under oath or solemn
affirmation, signs it with that person's
secure electronic signature;
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(c) the federal law or the provision is listed
in Schedule 2 or 3; and
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(d) the regulations respecting the
application of this section to the provision
have been complied with.
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| Statements
declaring
truth, etc.
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45. A statement required to be made under
a provision of a federal law declaring or
certifying that any information given by a
person making the statement is true, accurate
or complete may be made in electronic form
if
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(a) the person signs it with that person's
secure electronic signature;
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(b) the federal law or the provision is listed
in Schedule 2 or 3; and
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(c) the regulations respecting the
application of this section to the provision
have been complied with.
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| Witnessed
signatures
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46. A requirement under a provision of a
federal law for a signature to be witnessed is
satisfied with respect to an electronic
document if
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(a) each signatory and each witness signs
the electronic document with their secure
electronic signature;
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(b) the federal law or the provision is listed
in Schedule 2 or 3; and
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(c) the regulations respecting the
application of this section to the provision
have been complied with.
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| Copies
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47. A requirement under a provision of a
federal law for one or more copies of a
document to be submitted is satisfied by the
submission of an electronic document if
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(a) the federal law or the provision is listed
in Schedule 2 or 3; and
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(b) the regulations respecting the
application of this section to the provision
have been complied with.
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| Regulations
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48. (1) Subject to subsection (2), the
Governor in Council may, on the
recommendation of the Treasury Board, make
regulations prescribing technologies or
processes for the purpose of the definition
``secure electronic signature'' in subsection
31(1).
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Characteris-
tics
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(2) The Governor in Council may prescribe
a technology or process only if the Governor
in Council is satisfied that it can be proved that
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(a) the electronic signature resulting from
the use by a person of the technology or
process is unique to the person;
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(b) the use of the technology or process by
a person to incorporate, attach or associate
the person's electronic signature to an
electronic document is under the sole
control of the person;
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(c) the technology or process can be used to
identify the person using the technology or
process; and
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(d) the electronic signature can be linked
with an electronic document in such a way
that it can be used to determine whether the
electronic document has been changed
since the electronic signature was
incorporated in, attached to or associated
with the electronic document.
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| Effect of
amendment or
repeal
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(3) An amendment to or repeal of any
provision of a regulation made under
subsection (1) that has the effect of removing
a prescribed technology or process from the
regulation does not, by itself, affect the
validity of any electronic signature resulting
from the use of that technology or process
while it was prescribed.
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| Amendment
of schedules
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49. For the purposes of sections 38 to 47, the
responsible authority in respect of a provision
of a federal law may, by order, amend
Schedule 2 or 3 by adding or striking out a
reference to that federal law or provision.
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| Regulations
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50. (1) For the purposes of sections 41 to 47,
the responsible authority in respect of a
provision of a federal law may make
regulations respecting the application of those
sections to the provision.
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| Contents
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(2) Without restricting the generality of
subsection (1), the regulations that may be
made may include rules respecting any of the
following:
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(a) the technology or process that must be
used to make or send an electronic
document;
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(b) the format of an electronic document;
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(c) the place where an electronic document
is to be made or sent;
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(d) the time and circumstances when an
electronic document is to be considered to
be sent or received and the place where it is
considered to have been sent or received;
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(e) the technology or process to be used to
make or verify an electronic signature and
the manner in which it is to be used; and
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(f) any matter necessary for the purposes of
the application of sections 41 to 47.
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| Minimum
rules
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(3) Without restricting the generality of
subsection (1), if a provision referred to in any
of sections 41 to 47 requires a person to
provide another person with a document or
information, the rules set out in the regulations
respecting the application of that section to the
provision may be that
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(a) both persons have agreed to the
document or information being provided in
electronic form; and
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(b) the document or information in
electronic form will be under the control of
the person to whom it is provided and will
be readable or perceivable so as to be usable
for subsequent reference.
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| Incorporation
by reference
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(4) Regulations may incorporate by
reference the standards or specifications of
any government, person or organization,
either as they read at a fixed time or as they are
amended from time to time.
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| Effect of
striking out
listed
provision
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51. The striking out of a reference to a
federal law or provision in Schedule 2 or 3
does not affect the validity of anything done in
compliance with any regulation made under
section 50 that relates to that federal law or
provision while it was listed in that Schedule.
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