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

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART 2Electronic Documents (continued)

Purpose

Marginal note:Purpose

 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

Marginal note:Collection, storage, etc.

 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.

Marginal note:Electronic payment

 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.

Marginal note:Electronic version of statutory form

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Documents as evidence or proof

 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.

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.

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.

 
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