CONSOLIDATION

Electronic Documents (Trust and Loan Companies) Regulations

SOR/2010-240

Current to June 20, 2022 Last amended on March 16, 2020



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on March 16, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on March 16, 2020

TABLE OF PROVISIONS Electronic Documents (Trust and Loan Companies) Regulations 1

Interpretation

Definition

Non-application

Electronic Documents

Documents Provided by the Originator

Electronic Documents Through Website

Consent to Provision of an Electronic Document

Revocation

Provision and Receipt

Several Addressees

Specific Address

Document Considered Provided

Believed Not To Be Received

Document Considered Received

Electronic Signature

Coming into Force

Current to June 20, 2022 Last amended on March 16, 2020

ii

Registration SOR/2010-240

October 28, 2010

TRUST AND LOAN COMPANIES ACT Electronic Documents (Trust and Loan Companies) Regulations P.C. 2010-1337

October 28, 2010

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.

a

S.C. 2005, c. 54, s. 449

b

S.C. 2005, c. 54, s. 452

c

S.C. 1991, c. 45

Current to June 20, 2022 Last amended on March 16, 2020

Electronic Documents (Trust and Loan Companies) Regulations

Interpretation Definition 1 In these Regulations, Act means the Trust and Loan Companies Act.

Non-application 2 For 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 Documents Documents Provided by the Originator 3 Notices, 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 Website 4 (1) For the purpose of paragraph 539.04(1)(b) of the Act, an electronic document need not be provided to the designated information system if (a) the electronic document is posted on or made

available through a generally accessible electronic source, such as a website; and (b) the addressee is provided in writing with a notice, in paper or electronic form, of the availability and location of the electronic document.

(2) Subsection (1) does not apply to a notice, document

or other information referred to in section 8.

Current to June 20, 2022 Last amended on March 16, 2020

Electronic Documents (Trust and Loan Companies) Regulations Electronic Documents Consent to Provision of an Electronic Document Sections 5-6

Consent to Provision of an Electronic Document 5 (1) For the purpose of paragraph 539.04(1)(c) of the Act, the addressee may consent in writing, in paper or electronic form, or orally. (2) 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, (a) that the addressee may revoke their consent at any time; (b) 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; (c) 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; and (d) of when the consent takes effect. (3) [Repealed, SOR/2020-47, s. 40] (4) 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. (5) 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). (6) 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. 40.

Revocation 6 (1) An addressee may revoke their consent in writing, in paper or electronic form, or orally.

(2) If the addressee revokes their consent, the originator or the person acting for the originator must provide the

Current to June 20, 2022 Last amended on March 16, 2020

Electronic Documents (Trust and Loan Companies) Regulations Electronic Documents Revocation Sections 6-10

addressee with confirmation, in writing, in paper or electronic form, of the revocation specifying when revocation of consent takes effect. (3) [Repealed, SOR/2020-47, s. 41] SOR/2020-47, s. 41.

Provision and Receipt Several Addressees 7 For 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 Address 8 If 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 Provided 9 An electronic document is considered to have been provided to an addressee (a) when it leaves an information system within the control of the originator or the person acting for the originator; or (b) when it is posted on or made available through the secure website of the originator.

Believed Not To Be Received 10 (1) In 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. (2) Subsection (1) does not affect when the electronic

document is considered to have been provided under section 9.

Current to June 20, 2022 Last amended on March 16, 2020

Electronic Documents (Trust and Loan Companies) Regulations Provision and Receipt Document Considered Received Sections 11-13

Document Considered Received 11 An electronic document is considered to have been received (a) when it enters the information system designated

by the addressee; (b) when it is posted on or made available through the

secure website of the originator; or (c) when the notice referred to in paragraph 4(1)(b) is

received by the addressee.

Electronic Signature 12 A 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 Force 13 These Regulations come into force on June 1, 2011.

Current to June 20, 2022 Last amended on March 16, 2020

