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Bank Act (S.C. 1991, c. 46)

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Act current to 2020-09-22 and last amended on 2020-05-09. Previous Versions

PART XVIIIDocuments in Electronic or Other Form (continued)

Marginal note:Signatures

 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.

  • 2005, c. 54, s. 138

Marginal note:Regulations — provision and receipt of documents

 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.

  • 2005, c. 54, s. 138

Marginal note:Content and form of notices and documents

 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.

  • 2005, c. 54, s. 138

Marginal note:Exemption

 In the prescribed circumstances, the Minister, Superintendent, Commissioner or 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.

  • 2005, c. 54, s. 138
 
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