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

Act current to 2014-10-27 and last amended on 2014-07-01. Previous Versions

Marginal note:Signatures

 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.

Marginal note:Statements made under oath

 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.

Marginal note:Statements declaring truth, etc.

 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.

Marginal note:Witnessed signatures

 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.

Marginal note:Copies

 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

Marginal note:Regulations
  •  (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).

  • Marginal note:Characteristics

    (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.

  • Marginal note: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.