[37] Bill 70 Original (PDF)
Bill 70
Bill 702000
An Act with respect to
electronic information,
documents and payments
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act, "
electronic" includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means and "electronically" has a corresponding meaning; ("lectronique") "
electronic signature" means information in electronic form that a person has created or adopted in order to sign a document and that is in, attached to or associated with the document; ("signature lectronique") "
government body" means any of the following:
1.The government of Ontario.
2.A ministry of the government of Ontario.
3.A municipal corporation, including a metropolitan, district or regional municipality or the County of Oxford.
4.A school board, public utilities commission, hydro-electric commission, transit commission, suburban roads commission, public library board, board of health, police commission, conservation authority, district social services administration board, local services board, planning board, local roads board, police village or joint committee of management or joint board of management established under the Municipal Act.
5.Any agency, board, commission, corporation or other body designated as an institution in the regulations; ("organisme gouvernemental") "
prescribed" means prescribed by the regulations made under this Act; ("prescrit") "
regulations" means the regulations made under this Act. ("rglements")
Application
2. (1)This Act does not apply to,
(a)wills;
(b)trusts created by wills;
(c)powers of attorney for property and powers of attorney for personal care;
(d)documents that create or transfer interests in land and that require registration to be effective against third parties;
(e)a prescribed class of document or instrument.
Negotiable instruments excluded
(2)Except for this Part and Part III, this Act does not apply in respect of negotiable instruments, including negotiable documents of title.
Other Acts not limited
(3)Nothing in this Act limits the operation of any law that expressly authorizes, prohibits or regulates the use of information or documents in an electronic form.
Same
(4)For the purpose of subsection (3), a law does not prohibit the use of information or documents in an electronic form just because the law contains the words "in writing" and "signature" or similar words or expressions.
Crown bound
3. This Act binds the Crown.
Interpretation
4. The provisions of this Act relating to the satisfaction of a requirement of law apply whether or not the law creates an obligation or provides consequences for doing something or for not doing something.
PART I
PROVISION AND RETENTION OF
INFORMATION AND DOCUMENTS
Legal recognition
5. No information or document to which this Act applies shall be denied legal effect and enforceability just because the information or document is in an electronic form.
Acceptance of electronic information
6. (1)Nothing in this Act requires a person to use or accept information or a document in an electronic form.
Consent inferred
(2)The consent of a person that is not a government body to accept or use information or a document in an electronic form may be inferred from the person's conduct.
Consent of government body
(3)A government body is not presumed to consent to accept information or a document in an electronic form unless it expresses its consent by communication accessible to the public or to those likely to communicate with it for particular purposes.
Requirement for written information
7. A requirement in law that information or a document be in writing is satisfied by information or a document in an electronic form if the information or document is accessible so as to be usable for subsequent reference.
Providing information in writing
8. A requirement in law for a person to provide information or a document in writing to another person is satisfied by the provision of the information or document in an electronic form if the following conditions are met:
1.The information or document that is provided to the other person is accessible by the other person and capable of being retained by the other person so as to be usable for subsequent reference.
2.The other person has consented to accept information or documents in an electronic form in satisfaction of the requirement.
3.The information or document in an electronic form meets the information technology standards and acknowledgement rules, if any, established by the other person.
Providing information in specific form
9. A requirement in law for a person to provide information or a document to another person in a specified non-electronic form is satisfied by the provision of the information or document in an electronic form if the following conditions are met:
1.The information or document in an electronic form is provided in the same or substantially the same form and is accessible by the other person and capable of being retained by the other person so as to be usable for subsequent reference.
2.The other person to which the information or document is to be provided has consented to accept information or documents in an electronic form in satisfaction of the requirement.
3.The information or document in an electronic form meets the information technology standards and acknowledgement rules, if any, established by the other person.
Signatures
10. (1)Subject to prescribed requirements, if any, made under subsection (2), a requirement in law for the signature of a person is satisfied by an electronic signature if,
(a)the person to whom the signature or signed documents are to be provided has consented to accept electronic signatures; and
(b)the electronic document meets the information technology standards and requirements as to method and as to reliability of the signature, if any, established by the person to whom the signature or signed documents are to be provided.
Regulation
(2)The Lieutenant Governor in Council may by regulation,
(a)require an electronic signature to be reliable for the purpose of identifying the person, in light of all the circumstances, including any relevant agreement and the time the electronic signature was made;
(b)require the association of the electronic signature with the relevant electronic document to be reliable for the purpose for which the electronic document was made, in light of all the circumstances, including any relevant agreement and the time the electronic signature was made.
Provision of originals
11. (1)A requirement in law that a person present or retain information or a document in original form is satisfied by the provision or retention of the information or document in an electronic form if the following conditions are met:
1.There exists a reliable assurance as to the integrity of the information or document in the electronic form from the time it was first made in its final form, whether as a paper document or otherwise.
2.Where the information or document in original form is to be provided to a person, the information or document in the electronic form that is provided to the person is accessible by the person and capable of being retained by the person so as to be usable for subsequent reference.
3.Where the information or document in original form is to be provided to a person, the person has consented to accept information or documents in an electronic form in satisfaction of the requirement.
4.Where the information or document in original form is to be provided to a person, the information or document in the electronic form meets the information technology standards and acknowledgement rules, if any, established by the person.
Criteria for integrity and reliability
(2)For the purpose of paragraph 1 of subsection (1),
(a)the criterion for assessing integrity is whether the information or document has remained complete and unaltered, apart from the introduction of any changes that arise in the normal course of communication, storage and display; and
(b)the standard of reliability required shall be assessed in light of the purpose for which the information or document was made and in light of all the circumstances.
Document not capable of being retained
12.Information or document in an electronic form shall be deemed not to be capable of being retained if the person providing the information or document inhibits the printing or storage of the information or document by the recipient.
Retention of information and documents
13.A requirement in law to retain information or a document is satisfied by the retention of the information or document in an electronic form if the following conditions are met:
1.The information or document is retained in the format in which it was made, sent or received, or in a format that does not materially change the information or document.
2.The information or document will be accessible so as to be usable for subsequent reference by any person who is entitled to have access to the information or document or who is authorized to require its production.
3.Where the information or document was sent or received, information, if any, that identifies the origin and destination of the information or document and the date and time when it was sent or received is also retained.
Copies
14.Where information or a document may be provided in an electronic form, a requirement in law for one or more copies of the information or a document to be provided to a single addressee at the same time is satisfied by the submission of a single version in an electronic form.
Other requirements apply
15.Nothing in this Part limits the operation of any requirement in law for information or a document to be posted or displayed in a specified manner or for any information or document to be delivered in a specified manner.
Forms
16.(1)If a person is required by or under a statute to provide information or a document, the minister of the Crown responsible for the statute may prescribe electronic means to be used to provide the information or document and the use of those means satisfies that requirement.
Electronic forms
(2)If a statute sets out a form, the authority responsible for the form may make an electronic form that is substantially the same as the form set out in the statute and the electronic form is to be considered as the form set out in the statute.
Prescribed forms
(3)A provision of a statute that authorizes the prescription of a form or the manner of submitting a form includes the authority to prescribe an electronic form or electronic means of submitting the form, as the case may be.
Collection, storage, etc.
17.(1)In the absence of an express provision in a law that electronic means may not be used or that they must be used in specified ways, a government body may use electronic means to create, collect, receive, store, transfer, distribute, publish or otherwise deal with documents or information.
Same
(2)For the purpose of subsection (1), a law does not expressly provide that electronic means may not be used or that they must be used in specified ways just because the law contains the words "in writing" and "signature" or similar words or expressions.
Electronic payments to government bodies
18.(1)A payment that is authorized or required to be made to a government body may be made in an electronic form in any manner acceptable to the government body.
Electronic payments by the Province
(2)A payment that is authorized or required to be made by the Province of Ontario may be made in an electronic form in any manner specified by the Minister of Finance.
PART II
COMMUNICATION OF ELECTRONIC DOCUMENTS
Definition of "electronic agent"
19.In this Part, "
electronic agent" means a computer program or any electronic means used to initiate an action or to respond to electronic documents or actions, in whole or in part, without review by an individual at the time of the response or action.
Formation and operation of contracts
20.(1)Unless the parties agree otherwise, an offer or the acceptance of an offer, or any other matter that is material to the formation or operation of a contract, may be expressed,
(a)by means of information or document in an electronic form; or
(b)by an action in an electronic form, including touching or clicking on an appropriately designated icon or place on a computer screen or otherwise communicating electronically in a manner that is intended to express the offer, acceptance or other matter.
Same
(2)The legal effect and enforceability of a contract shall not be denied just because information or a document in an electronic form was used in its formation.
Involvement of electronic agents
21.A contract may be formed by the interaction of an electronic agent and an individual or by the interaction of electronic agents.
Errors and electronic agents
22.An electronic document made by an individual with the electronic agent of another person has no legal effect and is not enforceable if the individual made a material error in the document and,
(a)the electronic agent did not provide the individual with an opportunity to prevent or correct the error;
(b)the individual notifies the other person of the error as soon as practicable after the individual learns of the error and indicates that he or she made an error in the electronic document;
(c)the individual takes reasonable steps, including steps that conform to the other person's instructions, to return the consideration received, if any, as a result of the error or, if instructed to do so, to destroy the consideration; and
(d)the individual has not used or received any material benefit or value from the consideration, if any, received from the other person.
Time and place
23.(1)Unless the originator and the addressee agree otherwise, information or a document in an electronic form is sent when it enters an information system outside the control of the originator or, if the originator and the addressee are in the same information system, when it becomes capable of being retrieved and processed by the addressee.
Receipt presumed
(2)Information or a document in an electronic form is presumed to be received by the addressee,
(a)when it enters an information system designated or used by the addressee for the purpose of receiving documents of the type sent and it is capable of being retrieved and processed by the addressee; or
(b)if the addressee has not designated or does not use an information system for the purpose of receiving information or documents of the type sent, when the addressee becomes aware of the information or document in the addressee' s information system and the information or document is capable of being retrieved and processed by the addressee.
Place of sending and receipt
(3)Unless the originator and the addressee agree otherwise,
(a)information or a document in an electronic form shall be deemed to be sent from the originator's place of business or, if the originator has no place of business, the originator's habitual residence; and
(b)information or a document in an electronic form shall be deemed to be received at the addressee's place of business or, if the addressee has no place of business, the addressee's habitual residence.
Multiple places of business
(4)For the purposes of subsection (3), if the originator or the addressee has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction to which the information or document in an electronic form relates or, if there is no underlying transaction, the principal place of business of the originator or the addressee.
PART III
CARRIAGE OF GOODS
Actions re carriage of goods
24.This Part applies to any action in connection with a contract of carriage of goods, including, but not limited to,
(a)furnishing the marks, number, quantity or weight of goods;
(b)stating or declaring the nature or value of goods;
(c)issuing a receipt for goods;
(d)confirming that goods have been loaded;
(e)giving instructions to a carrier of goods;
(f)claiming delivery of goods;
(g)authorizing release of goods;
(h)giving notice of loss of, or damage to, goods;
(i)undertaking to deliver goods to a named person or a person authorized to claim delivery;
(j)granting, acquiring, renouncing, surrendering, transferring or negotiating rights in goods;
(k)notifying a person of terms and conditions of a contract of carriage of goods;
(l)giving a notice or statement in connection with the performance of a contract of carriage of goods; and
(m)acquiring or transferring rights and obligations under a contract of carriage of goods.
Documents
25.(1)Subject to subsection (2), a requirement in law that an action referred to in any of clauses 24 (a) to (m) be carried out in writing or by using a paper document is satisfied if the action is carried out by using one or more documents in an electronic form.
Same
(2)If a right is to be granted to or an obligation is to be acquired by one person and no other person and a provision in a law requires that, in order to do so, the right or obligation must be conveyed to that person by the transfer or use of a document in writing, that requirement is satisfied if the right or obligation is conveyed through the use of one or more documents in an electronic form created by a method that gives reliable assurance that the right or obligation has become the right or obligation of that person and no other person.
Standard of reliability
(3)For the purposes of subsection (2), the standard of reliability required shall be assessed in light of the purpose for which the right or obligation was conveyed and in light of all the circumstances, including any relevant agreement.
Same
(4)If one or more documents in an electronic form are used to accomplish an action referred to in clause 24 (j) or (m), no document in writing used to effect the action is valid unless the use of documents in an electronic form has been terminated and replaced by the use of documents in writing.
Same
(5)A document in writing issued in the circumstances described in subsection (4) must contain a statement of the termination.
Rights not affected
(6)The replacement of the documents in an electronic form by documents in writing under subsection (4) does not affect the rights or obligations of the parties involved.
Provisions in law apply
(7)If a provision in law is compulsorily applicable to a contract of carriage of goods that is set out in, or is evidenced by, a document in writing, that provision shall not be inapplicable to a contract of carriage of goods that is evidenced by one or more documents in an electronic form just because the contract is evidenced by documents in an electronic form instead of by a document in writing.
Regulations
26.The Lieutenant Governor in Council may make regulations,
(a)specifying provisions of or requirements under a law in respect of which this Act does not apply;
(b)prescribing documents or instruments for the purpose of clause 2 (1) (e);
(c)despite subsection 2 (1), making this Act apply to any document described in clause 2 (1) (a), (b) or (c);
(d)prescribing anything which is in this Act described as prescribed.
Commencement
27.This Act comes into force on the day it receives Royal Assent.
Short title
28.The short title of this Act is the E-Commerce Act, 2000.
EXPLANATORY NOTE
Under the Bill, the legal effect and enforceability of information or documents may not be denied just because the information is in an electronic form. Subject to specified limits, where a law requires that information or a document be in writing or that a document be signed, the information or document may be provided electronically and the document signed electronically.
Subject to specified limits, if a law requires a person to present or retain information or a document in its original form, the person may provide or retain the information or document in an electronic form. In specified circumstances, an electronic form may be used to satisfy a statutory or prescribed requirement for the use of a form.
A payment that is authorized or required to be made to a government body may be made in an electronic form in any manner acceptable to that body. A payment that is authorized or required to be made by the Province of Ontario may be made in an electronic form in any manner specified by the Minister of Finance.
The Bill provides that the legal effect and enforceability of a contract may not be denied just because information or a document in an electronic form was used in its formation. The Bill recognizes contracts formed as the result of specified electronic exchanges and allows for errors arising from transactions with electronic agents to be corrected.
The Bill specifies how the time and place of the sending and receipt of information or documents in an electronic form are to be determined. It specifies when electronic documents may be used in place of paper documents in contracts for the carriage of goods.