Electronic Payments Regulations (SOR/98-129)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Financial Administration Act. (Loi)

chargeback

chargeback means to adjust the amount payable to or claimed by a financial institution as a result of the refusal by the Receiver General to redeem an electronic instruction for payment. (débit compensatoire)

digital signature

digital signature means the result of the transformation of a message by means of a cryptosystem using keys such that a person who has the initial message can determine

• (a) whether the transformation was created using the key that corresponds to the signer’s key; and

• (b) whether the message has been altered since the transformation was made. (signature numérique)

electronic instruction for payment

electronic instruction for payment means an instruction for payment referred to in subsection 35(2) of the Act, issued electronically on media or by on-line transfer, to a financial institution to credit the account of a particular payee with a specific payment. (ordre de paiement électronique)

financial institution

financial institution means an institution, corporation or other entity, incorporated, continued or formed by or under an Act of Parliament or the legislature of a province or under the laws of a foreign state or a political subdivision of a foreign state, that holds deposits and honours cheques and other payment instructions on behalf of its clients and includes a bank, a trust company and a cooperative credit society. (institution financière)

media

media means magnetic tapes, disks, diskettes or any other electronic physical storage device. (support)

payee

payee means a person to whom a payment is to be made by means of an electronic instruction for payment. (bénéficiaire)

payment date

payment date means the date on which payment is to be made to the payee. (date de paiement)

revoke

revoke means to issue an instruction to a financial institution countermanding a particular electronic instruction for payment. (annuler)

Application

2 These Regulations apply to every payment made out of the Consolidated Revenue Fund by means of an electronic instruction for payment.

Issuing Electronic Instructions for Payment

3 Every electronic instruction for payment must

• (a) be issued by or under the direction and control of the Receiver General;

• (b) include

  • (i) the amount of the payment,

  • (ii) the payment reference number,

  • (iii) the name of the payee,

  • (iv) the payee’s financial institution number, branch number and account number, and

  • (iv) the payment date; and

• (c) when issued by on-line transfer, be authorized by a digital signature.

4 The Receiver General shall take all necessary measures to ensure

• (a) the security of the system used for the transmission of electronic instructions for payment to financial institutions;

• (b) the confidentiality, authenticity and integrity of the data while it is under the control of the Receiver General or being transmitted to a financial institution; and

• (c) the security, integrity and safekeeping of the media used to issue an electronic instruction for payment while the media are under the control of the Receiver General or in transit to a financial institution for processing.

Authentication

• 5 (1) All media used to issue an electronic instruction for payment must

  • (a) contain internal labels that identify the media by setting out

    • (i) the originating data centre,

    • (ii) the processing data centre,

    • (iii) the file creation date and file number,

    • (iv) the date and time of release of the media, and

    • (v) the system, file identification number, volume serial number and sequence of the originator’s file.

  • (b) when delivered to a financial institution for processing, be accompanied by a transmittal document, signed by the Deputy Receiver General or by a person authorized by the Deputy Receiver General in writing, that contains the information described in subparagraphs (a)(i) to (v).

• (2) The Deputy Receiver General shall provide to a financial institution the names and specimen signatures of all persons authorized to sign a transmittal document addressed to that financial institution.

• (3) Every electronic instruction for payment issued by on-line transfer shall be acknowledged by the financial institution that receives it and every electronic authorization shall be verified by the financial institution to ensure the integrity of the instruction.

Acceptance

6 A financial institution that accepts an electronic instruction for payment shall make the funds available for withdrawal or other use by the payee

• (a) not later than the opening of business on the payment date, if the electronic instruction for payment is received by the financial institution before the payment date; or

• (b) on receipt of the electronic instruction for payment, if it is received on or after the payment date.

Replacement Payments

7 Where it has been confirmed with the applicable financial institution that a payment to be made by means of an electronic instruction for payment has not been credited by the payment date to the account designated by the payee, in accordance with the procedures set out in the agreement with the financial institution for such designation, a replacement payment may be issued to the payee in the same amount as the original payment if

• (a) the electronic instruction for payment is revoked; and

• (b) the amount already paid to the financial institution, if any, is recovered through chargeback or by other means.

Repeal

8 [Repeal]

Coming into Force

9 These Regulations come into force on February 23, 1998.