Electronic Transactions Act
Consolidated act- Citation
- S.N.W.T. 2011, c.13
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.4 amended by Health Information Act in force Oct. 1, 2015 (SI-006-2015)
- Access to Information and Protection of Privacy Act, s.51
- Community Planning and Development Regulations, s.1 → #sec_1__subsec_1
- Health Information Act, s.5
- Health Information Act, s.200 → #sec_4__subsec_3
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.(1) In this Act,
"electronic" includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic, optical or other similar means; (électronique)
"electronic agent" means a computer program or any other electronic means used to initiate an act or to respond to electronic documents or acts, in whole or in part, without review by an individual at the time of the response or act; (agent électronique)
"electronic signature" means electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document; (signature électronique)
"public body" means
(a) the Government of the Northwest Territories, its departments and ministries and any agency, board, commission, corporation, office or other entity or body specified in Schedule A, B or C of the Financial Administration Act,
(b) a municipal corporation, and
(c) any other entity or body designated by regulation as a public body. (organisme public)
(2) The provisions of this Act relating to the satisfaction of a legal requirement apply whether or not the law creates an obligation or provides consequences for doing something or for not doing something.
Government bound
2.This Act binds the Government of the Northwest Territories.
Application of Act
3.(1) Subject to subsection (2), this Act applies to the laws of the Northwest Territories.
(2) This Act does not apply to prescribed legal requirements.
(3) This Act does not apply to any of the following documents:
(a) a will;
(b) a trust created by a will;
(c) a power of attorney, to the extent that it pertains to the financial affairs or personal care of an individual;
(d) a personal care directive;
(e) a document that creates or transfers an interest in land and that requires registration to be effective against third parties;
(f) a negotiable instrument;
(g) any other prescribed document.
(4) This Act, except Part 3, does not apply to documents of title.
Preservation of other laws: electronic documents
4.(1) Nothing in this Act limits the operation of any provision of law that expressly authorizes, prohibits or regulates the use of electronic information or electronic documents.
(2) Nothing in this Act limits the operation of a legal requirement for information to be posted or displayed in a specified manner or for information or a document to be transmitted by a specified method.
(3) Nothing in this Act limits the operation of the Access to Information and Protection of Privacy Act, the Health Information Act or any other provision of law that is intended to
(a) protect the confidentiality of information;
(b) protect the privacy of individuals; or
(c) provide rights of access to information held by public bodies.
(4) Nothing in this Act authorizes a public body or similar entity to destroy a document if its retention is otherwise required by a provision of law or a schedule for the retention or destruction of documents. S.N.W.T. 2014,c.2.s.200. PART 1 USE OF ELECTRONIC INFORMATION
Legal recognition of electronic information
5.(1) Information or a document to which this Act applies is not invalid or unenforceable solely because it is in electronic form.
(2) If a public body is authorized to create, collect, receive, store, transfer, distribute, publish or otherwise deal with information and documents, it may do so electronically.
(3) The use in a legal requirement of terms such as "in writing" and "signature" and other similar terms does not of itself prohibit the use of electronic documents.
Use of electronic information not mandatory
6.(1) Nothing in this Act requires a person to use, provide or accept information or a document in electronic form.
(2) Nothing in this Act authorizes a public body to require persons to use, provide or accept information or documents in electronic form without that person’s consent.
(3) Subject to subsection (4), a person may consent to use, provide or accept information or a document in electronic form, and the person’s consent may be inferred from their conduct.
(4) The consent of a public body to accept information in electronic form may not be inferred, but must instead be expressed by explicit communication
(a) to the person who provides the information; or
(b) that is accessible to the public or to those persons likely to communicate with the public body about the matter or purpose in question.
Requirement for information to be in writing
7.A legal requirement that information or a document be in writing is satisfied by information or a document that is in electronic form if it is accessible so as to be usable for subsequent reference.
Providing information in writing
8.(1) Subject to subsection (2), a legal requirement that a person provide information in writing to another person is satisfied by the provision of the information in an electronic form that is accessible by the other person and capable of being retained by the other person so as to be usable for subsequent reference.
(2) A legal requirement that a person provide information in writing to a public body is satisfied by the provision of the information in an electronic form if
(a) the public body to which the information is to be provided has consented to accept electronic information in satisfaction of the requirement;
(b) the information in electronic form meets the information technology standards and acknowledgement rules established by the public body; and
(c) the conditions in subsection (1) are satisfied.
Providing information in specific form
9.(1) Subject to subsection (2), a legal requirement that a person provide information or a document to another person in a specified non-electronic form is satisfied by the provision of the information or document in an electronic form that is
(a) organized in the same or substantially the same way as the specified non-electronic form;
(b) accessible by the other person; and
(c) capable of being retained by the other person so as to be usable for subsequent reference.
(2) A legal requirement that a person provide information or a document to a public body in a specified non-electronic form is satisfied by the provision of the information or document in an electronic form if
(a) the public body to which the information or document is to be provided has consented to accept electronic information or documents in satisfaction of the requirement;
(b) the electronic information or document meets the information technology standards and acknowledgement rules established by the public body; and
(c) the conditions in subsection (1) are satisfied.
Providing, examining and retaining original documents
10.(1) Subject to subsection (3), a legal requirement that an original document be provided, retained or examined is satisfied by the provision, retention or examination of an electronic document if
(a) a reliable assurance as to the integrity of the information contained in the electronic document continues from the time the final version of the original document is first made, whether as a written document or as an electronic document; and
(b) where the original document is to be provided to a person, the electronic document is accessible by the person to whom it is provided and is capable of being retained by the person so as to be usable for subsequent reference.
(2) For the purposes of paragraph (1)(a),
(a) the criterion for assessing integrity is whether the information has remained complete and unaltered, apart from the introduction of any changes that arise in the normal course of communication, storage and display; and
(b) the reliability of an assurance is to be assessed in light of all the circumstances, including the purpose for which the document had been created.
(3) A legal requirement that an original document be provided to a public body is satisfied by the provision of an electronic document if
(a) the public body to which the document is to be provided has consented to accept electronic documents in satisfaction of the requirement;
(b) the electronic document meets the information technology standards and acknowledgement rules established by the public body; and
(c) the conditions in subsection (1) are satisfied.
Retaining written documents
11.(1) A legal requirement to retain information or a document is satisfied by the retention of an electronic document if
(a) the electronic document is retained in the same format as the one in which the written document had been created, sent or received, or in a format that does not materially change the information contained in the written document; and
(b) the information in the electronic document will be accessible so as to be usable for subsequent reference by any person who is entitled to have access to the written document or who is authorized to require its production.
(2) A legal requirement to retain information or a document that is originally created, sent or received electronically, is satisfied by the retention of an electronic document if
(a) the electronic document is retained in the format in which it had been created, sent or received, or in a format that accurately represents the information contained in the document that had originally been created, sent or received;
(b) the information in the electronic document will be accessible so as to be usable for subsequent reference by any person who is entitled to have access to the document that had originally been created, sent or received, or who is authorized to require its production; and
(c) in a case where the electronic document has been sent or received, information, if any existed, that identifies its origin and destination and the date and time when it was sent or received is also retained.
Whether information is capable of being retained
12.(1) Electronic information or an electronic document is deemed not to be capable of being retained if the person providing the information or document prevents or does anything to hinder its printing or storage by the recipient.
(2) For the purposes of sections 8, 9, and 10, electronic information or an electronic document is not provided to a person if it is made available merely for access by the person through any means including its posting on a website.
Signatures
13.(1) Subject to subsections (2) and (3), a legal requirement that a document be signed or endorsed is satisfied by an electronic signature.
(2) The legal requirement that a prescribed document or class of documents be signed or endorsed is satisfied by an electronic signature if, in light of all the circumstances including the time the electronic signature is created, the purpose for which the document is created, and any relevant agreement,
(a) the electronic signature is reliable for the purpose of identifying the person;
(b) the association of the electronic signature with the relevant electronic document is reliable; and
(c) the electronic signature meets
(i) any prescribed requirements pertaining to the method of making the signature, and
(ii) any prescribed information technology standards.
(3) A legal requirement that a document that is to be provided to a public body be signed or endorsed is satisfied by an electronic signature if
(a) the public body has consented to accept electronic signatures; and
(b) the electronic signature meets any requirements of the public body pertaining to
(i) the method of making the signature,
(ii) the reliability of the signature, and
(iii) information technology standards that must be satisfied.
Copies
14.If the use of electronic information or an electronic document is otherwise permitted, a legal requirement that more than one copy of information or of a document be provided to the same person at the same time is satisfied by the provision of a single version in an electronic form.
Electronic payments
15.(1) A payment to which this Act applies is not invalid or unenforceable solely because it is made in electronic form.
(2) A payment that is authorized or required to be made to or by a public body may be made in electronic form in any manner specified by the public body.
PART 2
ELECTRONIC TRANSACTIONS
Formation and operation of electronic contracts
16.(1) Unless the parties agree otherwise, an offer, the acceptance of an offer or any other matter that is material to the formation or operation of a contract may be expressed
(a) by means of electronic information or an electronic document; or
(b) by an action that is intended to result in electronic communication, such as touching or clicking on an appropriately designated icon or place on a computer screen or otherwise communicating electronically in a manner that is intended to express the offer, acceptance or other matter.
(2) A contract is not invalid or unenforceable solely because it is in electronic form or because an electronic document has been used in its formation.
Involvement of electronic agents
17.A contract may be formed by the interaction of an electronic agent and an individual or by the interaction of electronic agents.
Errors when dealing with electronic agents
18.If an individual makes a material error in the course of an electronic transaction with an electronic agent belonging to another person, the electronic transaction is not enforceable by the other person if all the following conditions are met:
(a) the electronic agent does not give the individual an opportunity to prevent or correct the error;
(b) on becoming aware of the error, the individual promptly notifies the other person and indicates that he or she made an error in the transaction;
(c) in a case where consideration is received as a result of the error, the individual
(i) returns or destroys the consideration in accordance with the other person’s instructions or, if there are no instructions, deals with the consideration in a reasonable manner, and
(ii) does not benefit materially from the consideration.
Time and place of sending and receipt of electronic documents
19.(1) Unless the sender and addressee agree otherwise, electronic information or an electronic document is sent when it enters an information system outside the sender’s control, or if the sender and the addressee use the same information system, when it becomes capable of being retrieved and processed by the addressee.
(2) Electronic information or an electronic document is presumed to be received by the addressee,
(a) if the addressee has designated or uses an information system for the purpose of receiving electronic information or electronic documents of the type sent, when it enters that information system and becomes capable of being retrieved and processed by the addressee; or
(b) if the addressee has not designated or does not use an information system for the purpose of receiving electronic information or electronic documents of the type sent, when the addressee becomes aware of the electronic information or electronic document in the addressee’s information system and it becomes capable of being retrieved and processed by the addressee.
(3) Unless the sender and addressee agree otherwise, electronic information or an electronic document is deemed to be sent from the sender’s place of business and received at the addressee’s place of business.
(4) If the sender or the addressee has more than one place of business, the place of business for the purposes of subsection (3)
(a) is the place of business with the closest relationship to the underlying transaction to which the electronic information or document relates, if there is such an underlying transaction; or
(b) is the principal place of business of the sender or the addressee, if there is no underlying transaction.
(5) If the sender or the addressee does not have a place of business, the references to "place of business" in subsection (3) are to be read as references to "ordinary residence".
PART 3 CARRIAGE OF GOODS CONTRACTS
Application to actions related to contracts for the
20.(1) This Part applies to any action done in connection with a contract for the carriage of goods, including but not limited to the following:
(a) indicating the mark, number, quantity or weight of goods;
(b) stating or declaring the nature or value of goods;
(c) issuing a receipt for goods;
(d) confirming that goods have been loaded;
(e) giving instructions to a carrier of goods;
(f) claiming delivery of goods;
(g) authorizing release of goods;
(h) giving notice of loss of, or damage to, goods;
(i) undertaking to deliver goods to a named person or a person authorized to claim delivery;
(j) granting, acquiring, renouncing, surrendering, transferring or negotiating rights in goods;
(k) notifying a person of terms and conditions of a contract for the carriage of goods;
(l) giving a notice or statement in connection with the performance of a contract for the carriage of goods;
(m) acquiring or transferring rights and obligations under a contract for the carriage of goods.
(2) Subject to subsection (3), a legal requirement that an action referred to in subsection (1) be done in writing or by using a written document is satisfied, if the parties consent, by the use of electronic information or electronic documents.
(3) If a right is to be granted to or an obligation is to be imposed on a particular person, and if there is a legal requirement that this be done by the transfer or use of a written document, the legal requirement is satisfied by the use of one or more electronic documents if they are created by a method that gives a reliable assurance that the person using or relying on the electronic document is the particular person to whom or on whom the right has been granted or the obligation imposed.
(4) For the purposes of subsection (3), the reliability of an assurance is to be assessed in light of all the circumstances, including the purpose for which the right or obligation is conveyed and any relevant agreement.
(5) If one or more electronic documents are used to do an action referred to in paragraph (1)(j) or (m), no written document used to do the same action with respect to the same goods is valid unless the use of electronic documents has been terminated, unilaterally or by agreement, and has been replaced by a written document that contains a statement of the termination.
(6) The replacement of electronic documents by written documents under subsection (5) does not affect the rights or obligations of the parties.
(7) Legal requirements respecting contracts for the carriage of goods are applicable whether or not the contracts are set out in or evidenced by written documents or electronic documents.
PART 4
REGULATIONS
Regulations
Regulations
21.The Commissioner, on the recommendation of the Minister, may make regulations
(a) designating entities or bodies or classes of entities or bodies as public bodies for the purposes of paragraph (c) of the definition "public body" in subsection 1(1);
(b) prescribing legal requirements or classes of legal requirements for the purposes of subsection 3(2);
(c) prescribing any document or class of documents for the purposes of paragraph 3(3)(g); prescribing, for the purposes of subsection 13(2),
(i) documents or classes of documents to which the subsection applies,
(ii) requirements pertaining to the method of making an electronic signature, and
(iii) information technology standards that electronic signatures must satisfy; and respecting any other matter the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.