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

Marginal note:Requirements 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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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).

• 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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

PART 3Amendments to the Canada Evidence Act

52 to 57 [Amendments]

PART 4Amendments to the Statutory Instruments Act

58 and 59 [Amendments]

PART 5Amendments to the Statute Revision Act

60 to 71 [Amendments]

PART 6Coming into Force

Marginal note:Coming into force

Footnote ^*72 Parts 1 to 5 or any provision of those Parts come into force on a day or days to be fixed by order of the Governor in Council made on the recommendation of

• (a) in the case of Parts 1 and 2 or any provision of those Parts, the Minister of Industry; and

• (b) in the case of Parts 3 to 5 or any provision of those Parts, the Minister of Justice.

  • Return to footnote ^*[Note: Parts 2, 3 and 4 in force May 1, 2000; Part 1 in force January 1, 2001, see SI/2000-29; Part 5 in force June 1, 2009, see SI/2009-42.]