Bill C-54
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
|
|
|
|
|
|
|
Delegation to
provincial
authorities
|
25. The Minister of Industry may, with the
approval of the Governor in Council, delegate
to any person with whom the Commissioner
may consult under subsection 23(1) any of the
Commissioner's duties or powers under this
Part.
|
|
Annual report
|
26. (1) The Commissioner shall, as soon as
practicable after the end of each calendar year,
submit to Parliament a report concerning the
application of this Part, the extent to which the
provinces have enacted legislation that is
substantially similar to this Part and the
application of any such legislation.
|
|
Consultation
|
(2) Before preparing the report, the
Commissioner shall consult with those
persons in the provinces who, in the
Commissioner's opinion, are in a position to
assist the Commissioner in reporting
respecting personal information that is
collected, used or disclosed interprovincially
or internationally.
|
|
Regulations
|
27. (1) The Governor in Council may make
regulations
|
|
|
|
|
|
|
|
Orders
|
(2) The Governor in Council may, by order,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Offence and
punishment
|
28. Every person who knowingly
contravenes subsection 8(8) or who obstructs
the Commissioner or the Commissioner's
delegate in the investigation of a complaint or
in conducting an audit is guilty of
|
|
|
|
|
|
|
|
Review of
Part by
parliamentary
committee
|
29. (1) The administration of this Part shall,
five years after this Part comes into force, be
reviewed by the committee of the House of
Commons, or of both Houses of Parliament,
that may be designated or established by
Parliament for that purpose.
|
|
Review and
report
|
(2) The committee shall undertake a review
of the provisions and operation of this Part and
shall, within a year after the review is
undertaken or within any further period that
the House of Commons may authorize, submit
a report to Parliament that includes a
statement of any changes to this Part or its
administration that the committee
recommends.
|
|
|
DIVISION 5 |
|
|
TRANSITIONAL PROVISIONS |
|
Application
|
30. (1) This Part does not apply to any
organization in respect of personal
information that is collected, used or disclosed
by the organization within a province, that is
not collected, used or disclosed by the
organization outside the province and in
respect of which the legislature of the
province has the power to regulate the
collection, use or disclosure.
|
|
Expiry date
|
(2) Subsection (1) ceases to have effect
three years after the day on which this section
comes into force.
|
|
|
PART 2 |
|
|
ELECTRONIC DOCUMENTS |
|
|
Interpretation |
|
Definitions
|
31. (1) The definitions in this subsection
apply in this Part.
|
|
``data'' « données »
|
``data'' means representations of information
or concepts, in any form.
|
|
``electronic
document'' « document électroni- 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 électroni- 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 législatif »
|
``federal law'' means an Act of Parliament or
an instrument, regardless of its name,
issued, made or established under an Act of
Parliament.
|
|
``responsi- ble authority'' « autorité responsa- ble »
|
``responsible authority'', in respect of a
provision of a federal law, means
|
|
|
|
|
|
|
|
|
|
|
``secure
electronic
signature'' « signature électronique sécurisée »
|
``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
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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.
|
|
Require- ments 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
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|