PART 2

ELECTRONIC DOCUMENTS

Interpretation

Definitions

31. (1) The definitions in this subsection apply in this Part.

``data''
« données »

``data'' means representations of information or concepts, in any form.

``electronic document''
« document électroni-
que »

``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.

``electronic signature''
« signature électroni-
que »

``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.

``federal law''
« texte législatif »

``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.

``responsible authority''
« autorité responsa-
ble »

``responsible authority'', in respect of a provision of a federal law, means

      (a) if the federal law is an Act of Parliament, the minister responsible for that provision;

      (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

      (c) despite paragraph (a) or (b), the person or body designated by the Governor in Council under subsection (2).

``secure electronic signature''
« signature électronique sécurisée »

``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).

Designation

(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.

Purpose

Purpose

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.

Electronic Alternatives

Collection, storage, etc.

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.

Electronic payment

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.

Electronic version of statutory form

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.

Statutory manner of filing documents

(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.

Statutory manner of submitting information

(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.

Authority to prescribe form, etc.

(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.

Meaning of ``filing''

(5) In this section, ``filing'' includes all manner of submitting, regardless of how it is designated.

Documents as evidence or proof

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.

Retention of documents

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

    (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;

    (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

    (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.

Notarial act

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

    (a) the electronic version of the document is recognized as a notarial act under the laws of the province of Quebec; and

    (b) the federal law or the provision is listed in Schedule 2 or 3.

Seals

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.

Require-
ments to provide documents or information

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

    (a) the federal law or the provision is listed in Schedule 2 or 3;

    (b) both persons have agreed to the document or information being provided in electronic form; and

    (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.

Writing requirements

41. A requirement under a provision of a federal law for a document to be in writing is satisfied by an electronic document if

    (a) the federal law or the provision is listed in Schedule 2 or 3; and

    (b) the regulations respecting the application of this section to the provision have been complied with.

Original documents

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

    (a) the federal law or the provision is listed in Schedule 2 or 3;

    (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

    (c) the regulations respecting the application of this section to the provision have been complied with.

Signatures

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

    (a) the federal law or the provision is listed in Schedule 2 or 3; and

    (b) the regulations respecting the application of this section to the provision have been complied with.

Statements made under oath

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

    (a) the person who makes the statement signs it with that person's secure electronic signature;

    (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;

    (c) the federal law or the provision is listed in Schedule 2 or 3; and

    (d) the regulations respecting the application of this section to the provision have been complied with.

Statements declaring truth, etc.

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

    (a) the person signs it with that person's secure electronic signature;

    (b) the federal law or the provision is listed in Schedule 2 or 3; and

    (c) the regulations respecting the application of this section to the provision have been complied with.

Witnessed signatures

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

    (a) each signatory and each witness signs the electronic document with their secure electronic signature;

    (b) the federal law or the provision is listed in Schedule 2 or 3; and

    (c) the regulations respecting the application of this section to the provision have been complied with.

Copies

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

    (a) the federal law or the provision is listed in Schedule 2 or 3; and

    (b) the regulations respecting the application of this section to the provision have been complied with.

Regulations and Orders

Regulations

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).

Characteris-
tics

(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

    (a) the electronic signature resulting from the use by a person of the technology or process is unique to the person;

    (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;

    (c) the technology or process can be used to identify the person using the technology or process; and

    (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.

Effect of amendment or repeal

(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.

Amendment of schedules

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.

Regulations

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.

Contents

(2) Without restricting the generality of subsection (1), the regulations that may be made may include rules respecting any of the following:

    (a) the technology or process that must be used to make or send an electronic document;

    (b) the format of an electronic document;

    (c) the place where an electronic document is to be made or sent;

    (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;

    (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

    (f) any matter necessary for the purposes of the application of sections 41 to 47.

Minimum rules

(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

    (a) both persons have agreed to the document or information being provided in electronic form; and

    (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.

Incorporation by reference

(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.

Effect of striking out listed provision

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.