Interpretation
1(1) In this Act,
(a) “electronic” includes created, recorded,
transmitted or stored in digital form or in any other intangible form by
electronic, magnetic or optical means or by any other means that have similar
capabilities for creation, recording, transmission or storage;
(b) “electronic agent” means a computer program
or any other electronic means used to initiate an act or to respond to
electronic information, records or acts, in whole or in part, without review by
an individual at the time of the initiation or response;
(c) “electronic signature” means electronic
information that a person creates or adopts in order to sign a record and that
is in, attached to or associated with the record;
(d) “local public body” means a local public
body as defined in the Freedom of Information and Protection of Privacy Act;
(e) “Minister” means the Minister determined
under section 16 of the Government Organization Act as the Minister responsible
for this Act;
(f) “person” includes a public body;
(g) “prescribed” means prescribed by regulation;
(h) “public body” means
(i) a department, branch or office of the
Government of Alberta,
(ii) an agency, board, commission, corporation,
office or other body designated as a public body in the regulations for all or
part of this Act,
(iii) the Executive Council Office,
(iv) the office of a member of the Executive
Council,
(v) the Legislative Assembly Office,
(vi) the office of the Auditor General, the
Ombudsman, the Chief Electoral Officer, the Ethics Commissioner or the
Information and Privacy Commissioner, or
(vii) a local public body,
but
does not include
(viii) the office of the Speaker of the Legislative
Assembly or the office of a Member of the Legislative Assembly, or
(ix) the Court of Appeal of Alberta, the Court of
Queen’s Bench of Alberta or The Provincial Court of Alberta;
(i) “record” means a record of information in
any form and includes notes, images, audiovisual recordings, x‑rays,
books, documents, maps, drawings, photographs, letters, vouchers and papers and
any other information that is written, photographed, recorded or stored in any
manner, but does not include software or any mechanism that produces records.
(2) In this Act, a reference to a legal requirement includes a
reference to any enactment or other law
(a) that imposes consequences if writing is not
used or a form is not used, a record is not signed or an original record is not
provided or retained, or
(b) by virtue of which the use of writing or a
form, the presence of a signature or the provision or retention of an original
record leads to a special permission or other result.
Application
of Act
Preservation
of other laws re information or records in electronic form
2(1) This
Act does not limit the operation of any enactment or other law that
(a) expressly authorizes, requires, prohibits or
regulates the use of information or records in electronic form, or
(b) requires information or a record to be
posted or displayed in a specified manner or to be transmitted by a specified
method.
(2) For the purposes of subsection (1), a reference to “in
writing” or “signature” or other similar words or expressions does not by
itself prohibit the use of information or records in electronic form.
Preservation
of other laws re confidentiality, privacy and access to information
3(1) Nothing
in this Act limits the operation of the Freedom of Information and
Protection of Privacy Act, the Health Information Act or any other
enactment or law that is intended
(a) to protect the confidentiality of
information,
(b) to protect the privacy of individuals, or
(c) to provide rights of access to information
and records in the custody or control of public bodies and similar entities.
(2) This Act does not
authorize a public body or similar entity to destroy a record whose retention
or disposition is otherwise required by an enactment or other law.
Legal
requirements to which Act does not apply
4 This Act does not
apply to a legal requirement that is prescribed, or that belongs to a class
that is prescribed, as a legal requirement or class of legal requirement to
which this Act does not apply.
Biometric
information
5(1) In this
section, “biometric information” means information derived from an individual’s
personal characteristics other than a representation of the individual’s
signature.
(2) This Act does not apply
to the collection, use or disclosure of biometric information as an electronic
signature or other personal identifier unless another Act expressly provides
for the collection, use or disclosure of biometric information for that
purpose.
Legislative
Assembly Act
6 This Act does not
apply to anything done under the Legislative Assembly Act.
Exceptions
7(1) This Act
does not apply to
(a) wills and codicils;
(b) trusts created by wills or codicils;
(c) enduring powers of attorney under the Powers
of Attorney Act;
(d) personal directives under the Personal
Directives Act;
(e) records that create or transfer interests in
land, including interests in mines and minerals;
(f) guarantees under the Guarantees
Acknowledgment Act;
(g) negotiable instruments;
(h) records that are prescribed, or that belong
to a class that is prescribed, as records or a class of records to which this
Act does not apply.
(2) This Act, except
section 31, does not apply to documents of title.
Consent
8(1) Nothing in
this Act requires a person to use, provide or accept information or a record in
electronic form without the person’s consent.
(2) Subject to section 19,
consent for the purposes of subsection (1) may be inferred from a person’s
conduct if there are reasonable grounds to believe that the consent is genuine
and relevant to the information or record.
(3) Subsection (1) applies
to information and records of all kinds, including payments.
Crown
bound
9 This Act binds
the Crown.
Functional
Equivalency Rules
Legal
recognition of information and records in electronic form
10 Information or a
record to which this Act applies must not be denied legal effect or
enforceability solely by reason that it is in electronic form.
Legal
requirement that information or record be in writing
11 A legal
requirement that information or a record be in writing is satisfied if the
information or record is
(a) in electronic form, and
(b) accessible so as to be usable for subsequent
reference.
Legal
requirement to provide information or record in writing
12 Subject to
section 21, a legal requirement that a person provide information or a record
in writing to another person is satisfied if the person provides the
information or record in electronic form and the information or record is
(a) accessible by the other person so as to be
usable for subsequent reference, and
(b) capable of being retained by the other
person.
Legal
requirement to provide information or record in non‑electronic form
13 Subject to section 21, a legal requirement that
a person provide information or a record in a specified non‑electronic
form to another person is satisfied if the person provides the information or
record in electronic form and the information or record is
(a) organized in the same or substantially the
same manner as the specified non‑electronic form,
(b) accessible by the other person so as to be
usable for subsequent reference, and
(c) capable of being retained by the other
person.
Legal
requirement re original records
14(1) Subject to
section 21, a legal requirement that a person provide an original record is
satisfied by the provision of the record in electronic form if
(a) there exists a reliable assurance as to the
integrity of the information contained in the record in electronic form, and
(b) the record in electronic form is
(i) accessible by the person to whom it is
provided so as to be usable for subsequent reference, and
(ii) capable of being retained by that person.
(2) A legal requirement
that a person retain an original record is satisfied by the retention of the
record in electronic form if there exists a reliable assurance as to the
integrity of the information contained in the record.
(3) A legal requirement
that a person examine an original record is satisfied by the examination of the
record in electronic form if there exists a reliable assurance as to the
integrity of the information contained in the record.
(4) For the purposes of
subsections (1) to (3),
(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) whether an assurance is reliable must be
determined in light of all the circumstances, including the purpose for which
the record was created.
Whether
information or record is capable of being retained
15 For the purposes
of sections 12, 13 and 14, information or a record in electronic form is not capable of being
retained if the person providing the information or record prevents, or does
anything to hinder, its printing or storage by the recipient.
Legal
requirement that record be signed
16(1) Subject to
subsection (2) and section 22, a legal requirement that a record be signed is
satisfied by an electronic signature.
(2) If a record is
prescribed for the purposes of this subsection or belongs to a class prescribed
for those purposes, the legal requirement that the record be signed is
satisfied by an electronic signature only if in light of all the circumstances
(a) the electronic signature is reliable for the
purpose of identifying the person, and
(b) the association of the electronic signature
with the relevant record is reliable for the purpose for which the record was
created.
Legal
requirement re retention of records
17(1) A legal
requirement to retain a record that is originally created, sent or received in
writing is satisfied by the retention of a record in electronic form if
(a) the record in electronic form is retained in
the same format in which the written record was created, sent or received, or
in a format that accurately represents the information contained in the written
record, and
(b) the information in the record in electronic
form is accessible so as to be usable for subsequent reference by any person
who is entitled to have access to the written record or who is authorized to
require its production.
(2) A legal requirement to
retain a record that is originally created, sent or received electronically is
satisfied by the retention of a record in electronic form if
(a) the record in electronic form is retained in
the same format in which it was created, sent or received, or in a format that
accurately represents the information contained in the record that was
originally created, sent or received,
(b) the information in the record in electronic
form is accessible so as to be usable for subsequent reference by any person
who is entitled to have access to the record that was originally created, sent
or received, or who is authorized to require its production, and
(c) where the record in electronic form was sent
or received, information, if any, that identifies its origin and destination
and the date and time when it was sent or received is also retained.
Legal
requirement re one or more copies
18 If information or
a record may be provided in electronic form, a legal requirement for one or
more copies of the information or record to be provided to the same person at
the same time is satisfied by providing a single version in electronic form.
Public
Bodies
No
implied consent
19 For the purposes
of section 8, the consent of a public body is given only by an explicit
communication that is accessible to the persons likely to seek to communicate
with the public body about the matter or purpose in question.
Power
to use electronic means
20(1) If a public
body has the power to create, collect, receive, use, store, transfer, disclose,
distribute, publish or otherwise deal with information and records, it has the
power to do so electronically.
(2) Subsection (1) is
subject to any law that expressly prohibits the use of electronic means or
expressly requires them to be used in specified ways.
(3) For the purposes of
subsection (2), a reference to “in writing” or “signature” or other similar
words or expressions does not by itself prohibit the use of electronic means.
(4) Nothing in this Act
authorizes a public body to require another person to use, provide or accept
information or a record in electronic form without the person’s consent.
Additional
conditions re information or records in electronic form
21 When information
or a record is to be provided to a public body, a legal requirement mentioned
in section 12, 13 or 14 is satisfied by the provision of the information or
record in electronic form only if
(a) the information or record meets the
information technology standards, if any, established
(i) in the case of a public body referred to in
section 1(1)(h)(i) or (ii), by the Minister, and
(ii) in the case of a public body referred to in
section 1(1)(h)(iii) to (vii), by the public body,
(b) the public body acknowledges receipt of the
information or record in accordance with its own acknowledgment rules, if any,
and
(c) the conditions set out in section 12, 13 or
14, as the case may be, are also satisfied.
Additional
conditions re electronic signatures
22 A legal
requirement for a signature that is to be provided to a public body is
satisfied by an electronic signature only if
(a) the electronic signature meets the
information technology standards, if any, established
(i) in the case of a public body referred to in
section 1(1)(h)(i) or (ii), by the Minister, and
(ii) in the case of a public body referred to in
section 1(1)(h)(iii) to (vii), by the public body,
and
(b) the electronic signature meets the
requirements, if any, of the public body as to the method of making the
signature and as to reliability of the signature.
Delegation
23 The Chief
Information Officer or another officer of the Government may, on the request of
the Minister, establish information technology standards for public bodies
referred to in section 1(1)(h)(i) and (ii).
Electronic
payments
24(1) A payment to
or by a public body other than a department, branch or office of the Government
may be made in electronic form in a manner specified by the public body.
(2) A payment to or by a
department, branch or office of the Government may be made in electronic form
in a manner specified by the Minister of Finance.
Forms
Authority
to prescribe electronic form and signature
25(1) Authority in
an enactment to prescribe, approve, establish or provide a form includes
authority
(a) to prescribe, approve, establish or provide
an electronic form, and
(b) to prescribe requirements for the form’s
electronic signature.
(2) Authority in an
enactment to prescribe or approve the manner of submitting a form includes
authority to prescribe or approve that it may be submitted electronically.
(3) If a form is set out in
an Act, the Lieutenant Governor in Council may make a regulation under that Act
prescribing
(a) an electronic form that is substantially the
same as the form set out in the Act, and
(b) requirements for the form’s electronic
signature.
(4) An electronic form
prescribed under subsection (3) may be substituted for the statutory form for
all purposes.
Communication
of information
26(1) If an Act
contains a provision that requires a person to communicate information
otherwise than by means of a form, that provision is deemed to be authority for
the Lieutenant Governor in Council to make a regulation under that provision prescribing electronic
means that may be used to communicate the information and prescribing
requirements for the electronic signature of the information.
(2) If a regulation under
an Act requires a person to communicate information otherwise than by means of
a form, the regulation‑making authority may make a regulation under that
Act prescribing electronic means that may be used to communicate the
information and prescribing requirements for the electronic signature of the
information.
Electronic Transactions and Electronic Agents
Formation
and operation of electronic contracts
27 Unless the
parties otherwise agree, 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 information or a record in
electronic form, or
(b) by an act that is intended to result in
electronic communication, such as
(i) touching or clicking on an appropriate icon
or other place on a computer screen, or
(ii) speaking.
Involvement
of electronic agents
28 A contract may be
formed by the interaction of an electronic agent and a person or by the
interaction of electronic agents.
Errors
re transactions with electronic agents
29 An electronic
transaction between a person and another person’s electronic agent has no legal
effect if
(a) the person makes a material error in the
electronic information or an electronic record used in the transaction,
(b) the electronic agent does not give the
person an opportunity to prevent or correct the error,
(c) on becoming aware of the error, the person
promptly notifies the other person, and
(d) in a case where consideration is received as
a result of the error, the person
(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 by receiving the
consideration.
Time
of sending of information or records in electronic form
30(1) Unless the
sender and addressee otherwise agree, information or a record in electronic
form 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) Information or a record
in electronic form is presumed to be received by the addressee
(a) if the addressee has designated or uses an
information system for the purpose of receiving information or records of the
type sent, when the information or record 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 information or
records of the type sent, when the addressee becomes aware of the information
or record in the addressee’s information system and it becomes capable of being
retrieved and processed by the addressee.
(3) Unless the sender and
addressee otherwise agree, information or a record in electronic form 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) is the one with the closest relationship to the
underlying transaction to which the information or record relates or, if there
is no underlying transaction, the person’s principal place of business.
(5) If the sender or the
addressee does not have a place of business, the person’s place of habitual
residence is deemed to be the place of business for the purposes of subsection
(3).
Contracts
for the Carriage of Goods
Activities
related to contracts for the carriage of goods
31(1) This section
applies to an activity respecting a contract for the carriage of goods,
including, but not limited to,
(a) furnishing the marks, 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, and
(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 activity referred to in subsection (1) be
carried out in writing or by using a written record is satisfied if the
activity is carried out using one or more records in electronic form.
(3) If a right is to be
granted to or an obligation is to be acquired by a particular person and there
is a legal requirement that this be done by the transfer or use of a written
record, the legal requirement is satisfied by the use of one or more records in
electronic form only if they are created by a method that gives a reliable
assurance that the right or obligation has become the right or obligation of
that person.
(4) For the purposes of
subsection (3), whether an assurance is reliable must be determined 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 records
in electronic form are used to carry out an activity referred to in subsection
(1)(j) or (m), a written record used to carry out the same activity is not
valid with respect to the same goods unless
(a) the use of the records in electronic form
has been terminated with respect to the activity and the goods, and
(b) the written record that replaces the records
in electronic form contains a statement of the termination.
(6) The replacement of the
records in electronic form by a written record described in subsection (5) does
not affect the parties’ rights or obligations.
(7) No rule of law is
inapplicable to a contract for the carriage of goods by reason only that the
contract is set out in or evidenced by one or more records in electronic form
instead of by written records.
Regulations
Regulations
32(1) The Minister
may make regulations designating agencies, boards, commissions, corporations, offices
or other bodies as public bodies for the purposes of section 1(1)(h)(ii).
(2) The Lieutenant Governor
in Council may make regulations
(a) prescribing legal requirements or classes of
legal requirements for the purposes of section 4;
(b) prescribing records or classes of records
for the purposes of section 7(1)(h);
(c) prescribing records or classes of records
for the purposes of section 16(2);
(d) defining terms that are used but not defined
in this Act;
(e) respecting any other matter or thing that
the Lieutenant Governor in Council considers necessary to carry out the intent
of this Act.
Related
Amendments and
Coming into Force
33 (This section makes related
amendments to the Alberta Evidence Act.
The amendments have been incorporated into that Act.)
Coming
into force
34 This Act comes
into force on Proclamation.
(NOTE: Proclaimed
in force April 1, 2003.)