TRUST AND LOAN COMPANIES ACTElectronic Documents (Trust and Loan Companies) RegulationsP.C.2010-1337201010
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His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 531(1)a and sections 539.02b, 539.04b, 539.05b, 539.07b, 539.11b and 539.12b of the Trust and Loan Companies Actc, hereby makes the annexed Electronic Documents (Trust and Loan Companies) Regulations.S.C. 2005, c. 54, s. 449S.C. 2005, c. 54, s. 452S.C. 1991, c. 45InterpretationDefinitionIn these Regulations, Act means the Trust and Loan Companies Act.Non-applicationFor the purpose of section 539.02 of the Act, the prescribed notices, documents or other information is that referred to in sections 85 to 138 of the Act.Electronic DocumentsDocuments Provided by the OriginatorNotices, documents or other information provided by the originator or the person acting for the originator under these Regulations must be made in a language and presented in a manner that is clear, simple and not misleading.Electronic Documents Through WebsiteFor the purpose of paragraph 539.04(1)(b) of the Act, an electronic document need not be provided to the designated information system ifthe electronic document is posted on or made available through a generally accessible electronic source, such as a website; andthe addressee is provided in writing with a notice, in paper or electronic form, of the availability and location of the electronic document.Subsection (1) does not apply to a notice, document or other information referred to in section 8.Consent to Provision of an Electronic DocumentFor the purpose of paragraph 539.04(1)(c) of the Act, the addressee may consent in writing, in paper or electronic form, or orally.Before an addressee consents in writing, the originator or the person acting for the originator must notify the addressee in writing, in paper or electronic form,that the addressee may revoke their consent at any time;that the addressee is responsible for informing the originator of any changes the addressee makes to the designated information system including any changes made to the contact information related to the designated information system;that any electronic documents will be retained for the period specified in the notice and made available to the addressee and that the addressee is responsible for retaining a copy of the document; andof when the consent takes effect.[Repealed, SOR/2020-47, s. 40]If the addressee’s consent is provided in writing, in paper or electronic format, it must include the name of the information system designated by the addressee for the receipt of the electronic document and a list, in paper or electronic form, of the notices, documents or other information that is covered by the consent.If the addressee’s consent is provided orally, the originator or the person acting for the originator shall provide the addressee in writing, in paper or electronic form, with the information referred to in subsection (2) and confirm the information referred to in subsection (4).If the addressee is providing consent for the provision of an electronic document on a one-time basis, subsection (2) does not apply.SOR/2020-47, s. 40RevocationAn addressee may revoke their consent in writing, in paper or electronic form, or orally.If the addressee revokes their consent, the originator or the person acting for the originator must provide the addressee with confirmation, in writing, in paper or electronic form, of the revocation specifying when revocation of consent takes effect.[Repealed, SOR/2020-47, s. 41]SOR/2020-47, s. 41Provision and ReceiptSeveral AddresseesFor the purpose of paragraphs 539.05(b) and 539.07(b) of the Act, if several addressees are to be provided with a notice, document or other information, they are to be provided with it concurrently.Specific AddressIf a notice, document or other information is required under the Act to be sent to a specific place, an electronic document may be sent instead to an information system designated by the addressee for the receipt of the electronic document.Document Considered ProvidedAn electronic document is considered to have been provided to an addresseewhen it leaves an information system within the control of the originator or the person acting for the originator; orwhen it is posted on or made available through the secure website of the originator.Believed Not To Be ReceivedIn the case of a document provided under section 9, the originator or the person acting for the originator must mail a paper copy of the electronic document to the addressee’s recorded address if they have reason to believe that the addressee may not have received it.Subsection (1) does not affect when the electronic document is considered to have been provided under section 9.Document Considered ReceivedAn electronic document is considered to have been receivedwhen it enters the information system designated by the addressee;when it is posted on or made available through the secure website of the originator; orwhen the notice referred to in paragraph 4(1)(b) is received by the addressee.Electronic SignatureA signature referred to in section 539.11 of the Act may be an electronic signature and must consist of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document.Coming into ForceThese Regulations come into force on June 1, 2011.