CONSOLIDATION

Electronic Alternatives Regulations for the Purposes of the Federal Real Property and Federal Immovables Act

SOR/2004-308

Current to June 20, 2022



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. 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

TABLE OF PROVISIONS Electronic Alternatives Regulations for the Purposes of the Federal Real Property and Federal Immovables Act 1

Interpretation

Application

Electronic Documents

Electronic Signature

Coming into Force

Current to June 20, 2022

ii

Registration SOR/2004-308

December 13, 2004

PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT

Electronic Alternatives Regulations for the Purposes of the Federal Real Property and Federal Immovables Act

The President of the Treasury Board, as the responsible authority for the Federal Real Property and Federal Immovables Act in accordance with the definition "responsible authority" in subsection 31(1) of the Personal Information Protection and Electronic Documents Acta, pursuant to section 50 of that Act, hereby makes the annexed Electronic Alternatives Regulations for the Purposes of the Federal Real Property and Federal Immovables Act. Ottawa, December 6, 2004 Reginald B. Alcock The President of the Treasury Board

a

S.C. 2000, c. 5

Current to June 20, 2022

Electronic Alternatives Regulations for the Purposes of the Federal Real Property and Federal Immovables Act

Interpretation 1 The following definitions apply in these Regulations.

Act means the Personal Information Protection and Electronic Documents Act unless the context otherwise requires. (Loi) Crown grant means any of the instruments or acts referred to in section 5 of the Federal Real Property and Federal Immovables Act, a plan referred to in section 7 of that Act or any other instrument or act by which federal real property may be granted. (concession de l'État) federal real property has the meaning assigned to that term in section 2 of the Federal Real Property and Federal Immovables Act. (bien réel fédéral) Ontario law means the applicable law of the Province of Ontario that requires or authorizes the use of electronic means in respect of documents to be registered. (règles de droit de l'Ontario) registered has the meaning assigned to that term in section 17 of the Land Registration Reform Act of Ontario. (enregistré)

Application 2 These Regulations apply only in respect of federal real property situated in the Province of Ontario.

Electronic Documents 3 For the purposes of the application of section 41 of the Act, an electronic document must be in the form required or authorized by the Ontario law in order for that electronic document to satisfy any requirement for a written document under (a) sections 5 and 7 of the Federal Real Property and

Federal Immovables Act in respect of a Crown grant; (b) section 6 of the Federal Real Property and Federal Immovables Act in respect of a licence; and

Current to June 20, 2022

Electronic Alternatives Regulations for the Purposes of the Federal Real Property and Federal Immovables Electronic Documents Sections 3-5

(c) section 11 of the Federal Real Property and Federal Immovables Act in respect of an instrument transferring administration and control. SOR/2005-408, s. 1.

Electronic Signature 4 (1) For the purposes of the application of section 43 of the Act, the electronic signature of a Minister must be in the form required or authorized by the Ontario law in order for that electronic signature to satisfy any requirement for signature or countersignature by that Minister (a) under subsection 5(5) of the Federal Real Property and Federal Immovables Act in respect of any instrument or act referred to in paragraph 5(1)(b) or subsection 5(2) or (4) of that Act; (b) under subsection 5(6) of the Federal Real Property and Federal Immovables Act in respect of any instrument or act referred to in paragraph 5(1)(b) or subsection 5(2) of that Act; (c) under section 6 of the Federal Real Property and Federal Immovables Act in respect of a licence; (d) under subsection 7(2) of the Federal Real Property and Federal Immovables Act in respect of a plan referred to in subsection 7(1) of that Act; (e) under subsection 11(1) of the Federal Real Property and Federal Immovables Act in respect of an instrument transferring administration and control; and (f) [Repealed, SOR/2005-408, s. 2] (2) For the purposes of the application of section 43 of the Act, the electronic signature of an officer authorized under section 3 of the Federal Real Property and Federal Immovables Act must be in the form required or authorized by Ontario law in order for that electronic signature to satisfy any requirement for signature or countersignature that is referred to in subsection (1). SOR/2005-408, s. 2.

Coming into Force 5 These Regulations come into force on the day on

which they are registered.

Current to June 20, 2022

