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Electronic Documents and Electronic Information Regulations (SOR/2014-117)

Regulations are current to 2020-07-28

Conversion, Retention, Alteration and Destruction of Documents or Information (continued)

Marginal note:Date and hour retained

 If details are generated concerning the date and the hour when an electronic document or electronic information is sent or received by the Minister or the Commission, those details must be retained by the Minister or the Commission.

Marginal note:Standard of reliability

 The standard of reliability required with respect to an electronic document or electronic information must be established in light of the purpose for which the document or the information is created, sent or received by the Minister or the Commission.

Marginal note:Integrity maintained throughout retention period

  •  (1) The integrity of an electronic document or electronic information must be maintained throughout the period beginning on the day on which it is created, sent or received by the Minister or the Commission and ending on the day on which the required retention period for the document or the information ends.

  • Marginal note:Assessment of security measures

    (2) The integrity of an electronic document or electronic information must be assessed in light of the security measures that have been applied to

    • (a) the electronic document or the electronic information in order to maintain its integrity throughout the period set out in subsection (1); and

    • (b) the electronic system in which the electronic document or the electronic information is created, sent, received or retained.

  • Marginal note:Additional criteria for maintaining integrity

    (3) The integrity of an electronic document or electronic information is maintained if it is possible to verify that the document or the information and its related metadata have not been altered, apart from the alterations set out in subsection 14(2), even if the document or the information has been fragmented, compressed or stored for a limited time to increase the efficiency of its transmission.

  • Marginal note:Presumptions when integrity maintained

    (4) An electronic document or electronic information whose integrity has been maintained

    • (a) may be used in the place of the source document or information;

    • (b) is not invalid or unenforceable solely because it is in electronic format; and

    • (c) has the same legal value as the source document or information regardless of the medium, format or technology used.

Marginal note:Prohibition to alter

  •  (1) Subject to subsection (2), a person must not alter an electronic document or electronic information, or any of its related metadata, that is created, sent or received by the Minister or the Commission.

  • Marginal note:Alteration by authorized persons

    (2) A person who is authorized by the Minister or the Commission may alter an electronic document or electronic information or any of its related metadata if the details of each alteration, including the date and the hour when the alteration is made and the name of the person who is making it, are recorded in an unalterable record.

Marginal note:End of retention period — destruction

 When the retention period for an electronic document or electronic information ends, the document or the information may be destroyed, subject to section 12 of the Library and Archives of Canada Act, if the details of each destruction are recorded in an audit log or in a similar document that identifies the following elements, including

  • (a) the electronic document or the electronic information to be destroyed;

  • (b) the date and the hour when the electronic document or the electronic information was created, sent or received, if those details were generated and retained;

  • (c) the name of the person who authorized the destruction; and

  • (d) the date and the hour of the destruction.

Coming into Force

Marginal note:Registration

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

 
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