Department of Employment and Social Development Act (S.C. 2005, c. 34)

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Act current to 2024-11-26 and last amended on 2024-07-01. Previous Versions

PART 6Electronic Administration or Enforcement (continued)

Marginal note:Electronic manner of filing documents

72 (1) Unless another manner of filing a document or information is expressly required by a provision of an Act or a regulation, or by a term or condition of a program, the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition.
Marginal note:Power to prescribe form or manner of filing
(2) A provision of an Act or a regulation, or a term or condition of a program, that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information.
Marginal note:Written documents or information
(3) A requirement under a provision of an Act or a regulation, or a term or condition of a program, that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or information
- (a) is readable or perceivable so as to be usable for subsequent reference;
- (b) is in a format that does not prevent it from being retained by the recipient; and
- (c) meets the prescribed requirements, if any.
Marginal note:Signatures
(4) A requirement under a provision of an Act or a regulation, or a term or condition of a program, to provide a signature is satisfied by an electronic signature if the electronic signature
- (a) is reliable for the purposes for which it is required;
- (b) is reliably linked with the electronic document in respect of which the signature is required; and
- (c) meets the prescribed requirements, if any.
Marginal note:Meaning of filing
(5) In this section, filing includes all manner of transmitting, regardless of how it is designated.

2005, c. 34, s. 72
2012, c. 19, s. 224
2013, c. 40, s. 213
2018, c. 12, s. 281

Previous Version

Marginal note:Regulations

73 (1) The Governor in Council may make regulations
- (a) providing for circumstances in which subsection 71(1) does not apply;
- (b) defining, enlarging or restricting the meaning of any word or expression used but not defined in this Part;
- (c) respecting the creation, communication, making available, collection, reception, storage or management of, or any other method of dealing with, electronic documents or electronic information, and their admissibility in any proceedings, including establishing
  - (i) criteria for the reliability of electronic documents, electronic information or electronic signatures,
  - (ii) the date and hour when an electronic document or electronic information is deemed to be sent or received and the place where it is deemed to be sent or received,
  - (iii) the technology to be used and process to be followed for making, receiving or verifying an electronic signature, and
  - (iv) whether an electronic document must be signed with an electronic signature;
- (d) establishing criteria for the validity of an agreement or arrangement entered into electronically;
- (e) respecting terms and conditions for providing or receiving electronically services, benefits or other assistance, including the payment of amounts electronically;
- (f) respecting the technology to be used and the process to be followed for verifying electronically the identity of any person or entity;
- (g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of an Act or regulation to which this Part applies or in the administration or enforcement of a program or activity to which this Part applies, and respecting the manner in which and the extent to which any provision of that Act or regulation, or any term or condition of that program applies to the electronic systems; and
- (h) prescribing anything that by this Part is to be prescribed.
Marginal note:Incorporation by reference
(2) A regulation made under this section may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility
(3) The Minister, the Minister of Labour or the Commission, as the case may be, shall ensure that any document that is incorporated by reference in a regulation in respect of which the administration or the enforcement is their responsibility is accessible.
Marginal note:Defence
(4) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to the person.
Marginal note:No registration or publication
(5) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.