What Canada PIPEDA Part 2: Electronic Documents and Secure Electronic Signatures requires
Part 2 of the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5), titled Electronic Documents, provides the legal framework for using electronic alternatives where federal laws contemplate the use of paper to record or communicate information or transactions, administered by Treasury Board / the Department of Justice for the federal statute book. Section 32 states this purpose. Section 31 defines 'electronic document' (data recorded or stored on any medium in or by a computer system that can be read or perceived by a person or system), 'electronic signature' (one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document), 'secure electronic signature' (an electronic signature resulting from a technology or process prescribed under subsection 48(1)) and 'data'. Section 40 makes the electronic provision of documents or information subject to the consent of both persons - nothing requires anyone to use or accept electronic documents without agreement. Part 2 then provides legal recognition of electronic documents to satisfy federal statutory requirements where the relevant provision is listed in Schedule 2 or 3: retention requirements (section 37), writing requirements (section 41), original-document requirements where a secure electronic signature is used (section 42), signature requirements (section 43), sworn statements (section 44) and certifying statements (section 45); seal requirements are satisfied by a secure electronic signature identified as the person's seal (section 39). Section 48 empowers the Governor in Council, on the recommendation of the Treasury Board, to prescribe technologies or processes for secure electronic signatures, which must satisfy four criteria: the signature is unique to the person, its use is under the sole control of the person, the technology identifies the person, and the signature is linked to the document so that any subsequent change is detectable (section 48(2)); removing a technology from the prescribed list does not invalidate signatures created while it was prescribed (section 48(3)).
Pillar: Workflow Automation · Authority: Parliament of Canada / Treasury Board of Canada Secretariat · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/P-8.6/FullText.html
SHA-256 integrity: d16831f8637431740eaa5a436a2356c90d528ddb9f4fb4888d731389cd1fa5f7
Primary Citations — 8 traced to source
- Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, Section 32 - purpose of Part 2 (electronic alternatives where federal laws contemplate paper).
- PIPEDA, Section 31 - definitions of electronic document, electronic signature, secure electronic signature and data.
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