SICE - E-commerce related Legislation

(Continuation)	PART 2 index
	ELECTRONIC DOCUMENTS
	Interpretation
Definitions	31. (1) The definitions in this subsection apply in this Part.
``data'' � donn�es �	``data'' means representations of information or concepts, in any form.
``electronic document'' � document �lectroni- que �	``electronic document'' means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data.
``electronic signature'' � signature �lectroni- que �	``electronic signature'' means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document.
``federal law'' � texte l�gislatif �	``federal law'' means an Act of Parliament or an instrument, regardless of its name, issued, made or established under an Act of Parliament or a prerogative of the Crown, other than an instrument issued, made or established under the Yukon Act, the Northwest Territories Act or the Nunavut Act.
``responsible authority'' � autorit� responsable �	``responsible authority'', in respect of a provision of a federal law, means

	(a) if the federal law is an Act of Parliament, the minister responsible for that provision;

	(b) if the federal law is an instrument issued, made or established under an Act of Parliament or a prerogative of the Crown, the person or body who issued, made or established the instrument; or

	(c) despite paragraph (a) or (b), the person or body designated by the Governor in Council under subsection (2).













``secure electronic signature'' � signature �lectronique s�curis�e �	``secure electronic signature'' means an electronic signature that results from the application of a technology or process prescribed by regulations made under subsection 48(1).
Designation	(2) The Governor in Council may, by order, for the purposes of this Part, designate any person, including any member of the Queen's Privy Council for Canada, or body to be the responsible authority in respect of a provision of a federal law if the Governor in Council is of the opinion that it is appropriate to do so in the circumstances.
	Purpose
Purpose	32. 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
Collection, storage, etc.	33. 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.
Electronic payment	34. 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.
Electronic version of statutory form	35. (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.
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.
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.
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.
Documents as evidence or proof	36. 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.
Retention of documents	37. 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.








Notarial act	38. 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.





Seals	39. 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.
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.








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.




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.







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
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.




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.






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.






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




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).
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.




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.
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.
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.
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.



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.




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.
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 3index
R.S., c. C-5; R.S., c. 27 (1st Supp.), c. 19 (3rd Supp.); 1992, cc. 1, 47; 1993, cc. 28, 34; 1994, c. 44; 1995, c. 28; 1997, c. 18; 1998, c. 9	AMENDMENTS TO THE CANADA EVIDENCE ACT
	52. Section 19 of the Canada Evidence Act is replaced by the following:
Copies by Queen's Printer	19. Every copy of any Act of Parliament, public or private, published by the Queen's Printer, is evidence of that Act and of its contents, and every copy purporting to be published by the Queen's Printer shall be deemed to be so published, unless the contrary is shown.
	53. Paragraph 20(c) of the Act is replaced by the following:
	(c) by the production of a copy of them purporting to be published by the Queen's Printer.




	54. Paragraphs 21(b) and (c) of the Act are replaced by the following:

	(b) by the production of a copy of the proclamation, order, regulation or appointment, purporting to be published by the Queen's Printer;
	(c) by the production of a copy of the treaty purporting to be published by the Queen's Printer;
	55. Paragraph 22(1)(b) of the Act is replaced by the following:
	(b) by the production of a copy of the proclamation, order, regulation or appointment purporting to be published by the government or Queen's Printer for the province; and
	56. The Act is amended by adding the following after section 31:
Authentication of electronic documents	31.1 Any person seeking to admit an electronic document as evidence has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic document is that which it is purported to be.
Application of best evidence rule - electronic documents	31.2 (1) The best evidence rule in respect of an electronic document is satisfied
	(a) on proof of the integrity of the electronic documents system by or in which the electronic document was recorded or stored; or
	(b) if an evidentiary presumption established under section 31.4 applies.




Printouts	(2) Despite subsection (1), in the absence of evidence to the contrary, an electronic document in the form of a printout satisfies the best evidence rule if the printout has been manifestly or consistently acted on, relied on or used as a record of the information recorded or stored in the printout.
Presumption of integrity	31.3 For the purposes of subsection 31.2(1), in the absence of evidence to the contrary, the integrity of an electronic documents system by or in which an electronic document is recorded or stored is proven




	(a) by evidence capable of supporting a finding that at all material times the computer system or other similar device used by the electronic documents system was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic document and there are no other reasonable grounds to doubt the integrity of the electronic documents system;


	(b) if it is established that the electronic document was recorded or stored by a party who is adverse in interest to the party seeking to introduce it; or


	(c) if it is established that the electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party and who did not record or store it under the control of the party seeking to introduce it.




Presumptions regarding secure electronic signatures	31.4 The Governor in Council may make regulations establishing evidentiary presumptions in relation to electronic documents signed with secure electronic signatures, including regulations respecting




	(a) the association of secure electronic signatures with persons; and
	(b) the integrity of information contained in electronic documents signed with secure electronic signatures.




Standards may be considered	31.5 For the purpose of determining under any rule of law whether an electronic document is admissible, evidence may be presented in respect of any standard, procedure, usage or practice concerning the manner in which electronic documents are to be recorded or stored, having regard to the type of business, enterprise or endeavour that used, recorded or stored the electronic document and the nature and purpose of the electronic document.
Proof by affidavit	31.6 (1) The matters referred to in subsection 31.2(2) and sections 31.3 and 31.5 and in regulations made under section 31.4 may be established by affidavit.
Cross-examination	(2) A party may cross-examine a deponent of an affidavit referred to in subsection (1) that has been introduced in evidence
	(a) as of right, if the deponent is an adverse party or is under the control of an adverse party; and
	(b) with leave of the court, in the case of any other deponent.
Application	31.7 Sections 31.1 to 31.4 do not affect any rule of law relating to the admissibility of evidence, except the rules relating to authentication and best evidence.
Definitions	31.8 The definitions in this section apply in sections 31.1 to 31.6.
``computer system'' � syst�me informatique �	``computer system'' means a device that, or a group of interconnected or related devices one or more of which,
	(a) contains computer programs or other data; and
	(b) pursuant to computer programs, performs logic and control, and may perform any other function.
``data'' � donn�es �	``data'' means representations of information or of concepts, in any form.
``electronic document '' � document �lectronique �	``electronic document'' means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, printout or other output of that data.
``electronic documents system'' � syst�me d'archivage �lectronique �	``electronic documents system'' includes a computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic documents.
``secure electronic signature'' � signature �lectronique s�curis�e �	``secure electronic signature'' means a secure electronic signature as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act.
	57. Subsection 32(2) of the Act is replaced by the following:
Copies published in Canada Gazette	(2) All copies of official and other notices, advertisements and documents published in the Canada Gazette are admissible in evidence as proof, in the absence of evidence to the contrary, of the originals and of their contents.
	PART 4index
R.S., c. S-22; R.S., c. 31 (1st Supp.), cc. 31, 51 (4th Supp.); 1993, cc. 28, 34	AMENDMENTS TO THE STATUTORY INSTRUMENTS ACT
	58. Section 10 of the Statutory Instruments Act is renumbered as subsection 10(1) and is amended by adding the following:
Publication	(2) The Governor in Council may determine the form and manner in which the Canada Gazette, or any part of it, is published, including publication by electronic means.
	59. Subsection 16(3) of the Act is replaced by the following:
Deemed publication in Canada Gazette	(3) For the purposes of this section,
	(a) if a regulation is included in a copy of the Consolidated Regulations of Canada, 1978 purporting to be printed by the Queen's Printer, that regulation is deemed to have been published in the Canada Gazette; and
	(b) if a regulation is included in a copy of a revision of regulations purporting to be printed by the Queen's Printer, that regulation is deemed to have been published in the Canada Gazette.
	PART 5index
R.S., c. S-20; 1992, c. 1	AMENDMENTS TO THE STATUTE REVISION ACT
	60. Section 1 of the Statute Revision Act is replaced by the following:
Short title	1. This Act may be cited as the Legislation Revision and Consolidation Act.
	61. (1) The definition ``revision'' in section 2 of the Act is replaced by the following:
``revision'' � r�vision �	``revision'' means
	(a) for the purposes of Part I, the arrangement, revision and consolidation of the public general statutes of Canada authorized under that Part; and
	(b) for the purposes of Part II, the arrangement, revision and consolidation of the regulations authorized under that Part.
	(2) Section 2 of the Act is amended by adding the following in alphabetical order:
``regulations'' � r�glements �	``regulations'' means
	(a) statutory orders and regulations published in the Consolidated Regulations of Canada, 1978,
	(b) regulations, statutory instruments and other documents published in the Canada Gazette, Part II, after the publication of the Consolidated Regulations of Canada, 1978, and
	(c) any other regulations, statutory instruments or documents that, in the opinion of the Minister, are of continuing effect or apply to more than one person or body and that are not exempted from publication pursuant to regulations made under paragraph 20(c) of the Statutory Instruments Act;







	62. Section 5 of the Act is replaced by the following:
Revision of statutes	5. The Commission shall, from time to time, revise the public general statutes of Canada.
1992, c. 1, s. 132	63. The heading before section 8 and sections 8 to 10 of the Act are repealed.
	64. The heading before section 11 and sections 11 and 12 of the Act are replaced by the following:
	Revision
Revision of regulations	10. The Commission shall, from time to time, revise the regulations.
Powers of Commission	11. In preparing and maintaining the Revised Regulations and in keeping the Revised Regulations up to date, the Commission may exercise, in respect of the regulations, the powers that it has under section 6 in respect of a revision under Part I.
Deposit of revision	12. (1) On receipt of a written report from the Commission in respect of the completion of all or any part of the Revised Regulations, the Governor in Council may cause a printed Roll of the regulations, attested under the signature of the Minister and the President of the Privy Council, to be deposited in the office of the Clerk of the Privy Council, and the Roll shall be held to be the original of the regulations included in it.
Schedule	(2) There shall be appended to each Roll a schedule similar in form to the Schedule to Appendix I appended to the Revised Statutes of Canada, 1985, and the Commission may include in the schedule a list of all regulations and parts of regulations that, although not expressly repealed, are superseded by the regulations included in the Roll, or are inconsistent with them, and a list of all regulations and parts of regulations that were for a temporary purpose the force of which is spent.
	65. (1) Subsection 13(2) of the Act is replaced by the following:
Effect	(2) On the day referred to in subsection (1) in respect of any Roll, the regulations included in that Roll shall accordingly come into force and have effect as law as part of the Revised Regulations to all intents as if each regulation had been made by the appropriate regulation-making authority and all the requirements with respect to the making of that regulation had been complied with.
	(2) Subsection 13(3) of the English version of the Act is replaced by the following:
Repeal	(3) On the day referred to in subsection (1), all regulations and parts of regulations listed in the schedule to the Roll are repealed to the extent mentioned in that schedule.
	66. Sections 15 to 17 of the Act are replaced by the following:
Bound volumes	17. If the Commission has, as of a day selected by it, revised all the regulations that it is required to revise under section 10 to that day, it shall cause the Revised Regulations to be published in the form of bound volumes, and the regulations to be included in them shall be those that have been revised as of that day, and that day shall be indicated in each of the volumes.
	67. (1) Subsection 18(1) of the English version of the Act is replaced by the following:
Old regulations not revived	18. (1) The repeal of the regulations and parts of regulations listed in the schedule appended to a Roll does not
	(a) revive any regulation or part of any regulation so repealed;


	(b) affect any saving clause in the regulations or parts of regulations so repealed; or
	(c) prevent the application of any of those regulations or parts of regulations, or of any regulation or any part of a regulation formerly in force, to any transaction, matter or thing before the repeal to which they would otherwise apply.
	(2) Subsections 18(2) to (4) of the Act are replaced by the following:
Not new law	(2) A regulation included in the Revised Regulations shall not be held to operate as a new regulation, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the regulation and parts of regulations as revised, and for which the regulation included in the Revised Regulations is substituted.
Where revision differs	(3) Where, on any point, the provisions of a regulation included in the Revised Regulations are not in effect the same as those of the repealed provisions for which they are substituted, in respect of all transactions, matters and things subsequent to the time when the regulation included in the Revised Regulations takes effect, the provisions contained in that regulation prevail, but in respect of all transactions, matters and things before that time, the repealed provisions prevail.
Construction of references	(4) A reference in any regulation remaining in force and not revised, or in any instrument or document, to any regulation or part of a regulation repealed under subsection 13(3) by inclusion in the Revised Regulations shall, after the regulation in the Revised Regulations takes effect, be deemed, in respect of any subsequent transaction, matter or thing, to be a reference to the regulation or part of a regulation in the Revised Regulations having the same effect as the repealed regulation or part of a regulation.
	68. Sections 19 to 21 of the Act are replaced by the following:
Effect of inclusion in schedule	19. (1) The inclusion of any regulation or part of a regulation in the schedule appended to a Roll shall not be considered to be a declaration that the regulation or part was or was not in force immediately before the coming into force of the portion of the Revised Regulations that includes that regulation or part.
Continuation: 19.2

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Electronic Commerce National Legislation - Canada Canada Bill C-6 The Personal Information Protection and Electronic Documents Act

PART 2 index

ELECTRONIC DOCUMENTS

Interpretation

Purpose

Electronic Alternatives

Regulations and Orders

PART 4index

AMENDMENTS TO THE STATUTORY INSTRUMENTS ACT

PART 5index

AMENDMENTS TO THE STATUTE REVISION ACT

Revision

Electronic Commerce

National Legislation - Canada

Canada Bill C-6

The Personal Information Protection and Electronic Documents Act