Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5)

Act current to 2015-08-30 and last amended on 2015-06-23. Previous Versions

Marginal note:Retention of documents

 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sent or received, or in a format that does not change the information contained in the electronic document that was originally made, sent or received;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.

Marginal note:Notarial act

 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.

Marginal note:Seals

 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.

Marginal note:Requirements to provide documents or information

 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.

Marginal note:Writing requirements

 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.

Marginal note:Original documents

 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.