Electronic Alternatives Regulations for the Purposes of the Federal Real Property and Federal Immovables Act (SOR/2004-308)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Personal Information Protection and Electronic Documents Act unless the context otherwise requires. (Loi)

Crown grant

Crown grant means any of the instruments or acts referred to in section 5 of the Federal Real Property and Federal Immovables Act, a plan referred to in section 7 of that Act or any other instrument or act by which federal real property may be granted. (concession de l'État)

federal real property

federal real property has the meaning assigned to that term in section 2 of the Federal Real Property and Federal Immovables Act. (bien réel fédéral)

Ontario law

Ontario law means the applicable law of the Province of Ontario that requires or authorizes the use of electronic means in respect of documents to be registered. (règles de droit de l'Ontario)

registered

registered has the meaning assigned to that term in section 17 of the Land Registration Reform Act of Ontario. (enregistré)

Application

2 These Regulations apply only in respect of federal real property situated in the Province of Ontario.

Electronic Documents

3 For the purposes of the application of section 41 of the Act, an electronic document must be in the form required or authorized by the Ontario law in order for that electronic document to satisfy any requirement for a written document under

• (a) sections 5 and 7 of the Federal Real Property and Federal Immovables Act in respect of a Crown grant;

• (b) section 6 of the Federal Real Property and Federal Immovables Act in respect of a licence; and

• (c) section 11 of the Federal Real Property and Federal Immovables Act in respect of an instrument transferring administration and control.

Electronic Signature

• 4 (1) For the purposes of the application of section 43 of the Act, the electronic signature of a Minister must be in the form required or authorized by the Ontario law in order for that electronic signature to satisfy any requirement for signature or countersignature by that Minister

  • (a) under subsection 5(5) of the Federal Real Property and Federal Immovables Act in respect of any instrument or act referred to in paragraph 5(1)(b) or subsection 5(2) or (4) of that Act;

  • (b) under subsection 5(6) of the Federal Real Property and Federal Immovables Act in respect of any instrument or act referred to in paragraph 5(1)(b) or subsection 5(2) of that Act;

  • (c) under section 6 of the Federal Real Property and Federal Immovables Act in respect of a licence;

  • (d) under subsection 7(2) of the Federal Real Property and Federal Immovables Act in respect of a plan referred to in subsection 7(1) of that Act;

  • (e) under subsection 11(1) of the Federal Real Property and Federal Immovables Act in respect of an instrument transferring administration and control; and

  • (f) [Repealed, SOR/2005-408, s. 2]

• (2) For the purposes of the application of section 43 of the Act, the electronic signature of an officer authorized under section 3 of the Federal Real Property and Federal Immovables Act must be in the form required or authorized by Ontario law in order for that electronic signature to satisfy any requirement for signature or countersignature that is referred to in subsection (1).

Coming into Force

5 These Regulations come into force on the day on which they are registered.