Trust and Loan Companies Act (S.C. 1991, c. 45)

PART XIV.1Documents in Electronic or Other Form

Marginal note:Definitions

539.01 The following definitions apply in this Part.

electronic document

electronic document means, except in section 539.1, any form of representation of information or concepts that is fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by a person or by any means. (document électronique)

information system

information system means a system used to generate, send, receive, store or otherwise process an electronic document. (système de traitement de l’information)

Marginal note:Application

539.02 This Part other than sections 539.13 and 539.14 does not apply in respect of any notice, document or other information that under this Act or the regulations is sent to or issued by the Minister, the Superintendent, the Commissioner or the Bank of Canada or any prescribed notice, document or information.

Marginal note:Use not mandatory

539.03 Nothing in this Act or the regulations requires a person to create or provide an electronic document.

Marginal note:Consent and other requirements

• 539.04 (1) Despite anything in this Part, a requirement under this Act or the regulations to provide a notice, document or other information is not satisfied by providing an electronic document unless

  • (a) the addressee consents and designates an information system for the receipt of the electronic document;

  • (b) the electronic document is, unless otherwise prescribed, provided to the designated information system; and

  • (c) the prescribed requirements are complied with.

• Marginal note:Consent and notice in electronic form

  (1.1) Despite subsection (1), the requirements referred to in paragraph (1)(c) may provide that the consent referred to in paragraph (1)(a) and any notice related to that consent may be provided in electronic form.

• Marginal note:Regulations — revocation of consent

  (2) The Governor in Council may make regulations respecting the revocation of the consent referred to in paragraph (1)(a).

Marginal note:Creation or provision of information

539.05 A requirement under this Act or the regulations to create or provide a notice, document or other information is satisfied by creating or providing an electronic document if

• (a) the incorporating instrument or by-laws of the company do not provide otherwise; and

• (b) the prescribed requirements are complied with.

Marginal note:Creation of information in writing

539.06 A requirement under this Act or the regulations to create a notice, document or other information in writing is satisfied by creating an electronic document if in addition to the conditions set out in section 539.05

• (a) the information in the electronic document is accessible so as to be usable for subsequent reference; and

• (b) the prescribed requirements are complied with.

Marginal note:Provision of information in writing

539.07 A requirement under this Act or the regulations to provide a notice, document or other information in writing is satisfied by providing an electronic document if in addition to the conditions set out in section 539.05

• (a) the information in the electronic document is accessible by the addressee and capable of being retained by them so as to be usable for subsequent reference; and

• (b) the prescribed requirements are complied with.

Marginal note:Multiple copies

539.08 A requirement under this Act or the regulations to provide two or more copies of a document at the same time to one addressee is satisfied by providing one copy of the electronic document.

Marginal note:Registered mail

539.09 A requirement under this Act or the regulations to provide a document by registered mail is not satisfied by providing an electronic document except in the prescribed circumstances.

Marginal note:Statutory declarations and affidavits

• 539.1 (1) A statutory declaration or affidavit required under this Act or the regulations may be created or provided in an electronic document if

  • (a) the person who makes the statutory declaration or affidavit signs it with their secure electronic signature;

  • (b) the authorized person before whom the statutory declaration or affidavit is made signs it with their secure electronic signature; and

  • (c) the requirements of sections 539.03 to 539.09 are complied with.

• Marginal note:Definitions

  (2) For the purposes of this section, electronic document and secure electronic signature have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act.

• Marginal note:References to “electronic document”

  (3) For the purpose of complying with paragraph (1)(c), references to “electronic document” in sections 539.03 to 539.09 are to be read as references to “electronic document within the meaning of subsection 31(1) of the Personal Information Protection and Electronic Documents Act”.

Marginal note:Signatures

539.11 A requirement under this Act or the regulations for a signature or for a document to be executed, except in respect of a statutory declaration or affidavit, is satisfied in respect of an electronic document if the prescribed requirements are complied with and the signature results from the application by the person of a technology or process that permits the following to be proved:

• (a) the signature resulting from the use by the person of the technology or process is unique to the person;

• (b) the technology or process is used by the person to incorporate their signature into, attach it to or associate it with the electronic document; and

• (c) the technology or process can be used to identify the person using the technology or process.

Marginal note:Regulations — provision and receipt of documents

539.12 The Governor in Council may make regulations respecting the time and place at which and the circumstances under which an electronic document is considered to be provided or received.

Marginal note:Content and form of notices and documents

539.13 The Minister, Superintendent, Commissioner or Bank of Canada may establish the requirements for the content and fix the form, including electronic and other forms, of notices and documents sent to or issued by each of them under this Act or the regulations, including

• (a) the notices and documents that may be sent in electronic or other form;

• (b) the persons or classes of persons who may send notices and documents;

• (c) their signature in electronic or other form or their execution, adoption or authorization in a manner that is to have the same effect for the purposes of this Act as their signature;

• (d) the time and place at which and the circumstances under which electronic documents are considered to be sent or received; and

• (e) any matter necessary for the purposes of the application of this section.

Marginal note:Exemption

539.14 In the prescribed circumstances, the Minister, the Superintendent, the Commissioner or the Bank of Canada may, on any conditions that they consider appropriate, exempt from the application of any provision of this Act requiring a notice or document to be sent to them any notice or document, or class of notice or document, containing information similar to that contained in a notice or document required to be made public under any other Act of Parliament or any Act of the legislature of a province.

PART XVGeneral

Transitional

540 [Amendments]

Consequential Amendments

541 to 560 [Amendments]

Repeals

561 and 562 [Repeals]

Coming into Force

Marginal note:Coming into force

• Footnote ^*563 (1) Subject to subsection (2), this Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: Act, except subsections 250(1) and (2), in force June 1, 1992, see SI/92-89.]

• Marginal note:Idem

  (2) Subsections 250(1) and (2) shall come into force on the day that is six months after the coming into force of subsections 243(1) and (2).