CONSOLIDATION

Electronic Payments Regulations

SOR/98-129

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 Payments Regulations 1

Interpretation

Application

Issuing Electronic Instructions for Payment

Authentication

Acceptance

Replacement Payments

Repeal

Coming into Force

Current to June 20, 2022

ii

Registration SOR/98-129 February 23, 1998

FINANCIAL ADMINISTRATION ACT Electronic Payments Regulations T.B. 825983-3

February 19, 1998

The Treasury Board, pursuant to paragraph 10(f) of the Financial Administration Act, hereby makes the annexed Electronic Payments Regulations.

Current to June 20, 2022

Electronic Payments Regulations

Interpretation 1 The definitions in this section apply in these Regulations. Act means the Financial Administration Act. (Loi) chargeback means to adjust the amount payable to or claimed by a financial institution as a result of the refusal by the Receiver General to redeem an electronic instruction for payment. (débit compensatoire) digital signature means the result of the transformation of a message by means of a cryptosystem using keys such that a person who has the initial message can determine (a) whether the transformation was created using the

key that corresponds to the signer’s key; and (b) whether the message has been altered since the transformation was made. (signature numérique)

electronic instruction for payment means an instruction for payment referred to in subsection 35(2) of the Act, issued electronically on media or by on-line transfer, to a financial institution to credit the account of a particular payee with a specific payment. (ordre de paiement électronique) financial institution means an institution, corporation or other entity, incorporated, continued or formed by or under an Act of Parliament or the legislature of a province or under the laws of a foreign state or a political subdivision of a foreign state, that holds deposits and honours cheques and other payment instructions on behalf of its clients and includes a bank, a trust company and a cooperative credit society. (institution financière) media means magnetic tapes, disks, diskettes or any other electronic physical storage device. (support) payee means a person to whom a payment is to be made by means of an electronic instruction for payment. (bénéficiaire) payment date means the date on which payment is to be made to the payee. (date de paiement)

Current to June 20, 2022

Electronic Payments Regulations Interpretation Sections 1-4

revoke means to issue an instruction to a financial institution countermanding a particular electronic instruction for payment. (annuler)

Application 2 These Regulations apply to every payment made out of the Consolidated Revenue Fund by means of an electronic instruction for payment.

Issuing Electronic Instructions for Payment 3 Every electronic instruction for payment must (a) be issued by or under the direction and control of the Receiver General; (b) include (i) the amount of the payment, (ii) the payment reference number, (iii) the name of the payee, (iv) the

payee’s financial institution number, branch number and account number, and

(iv) the payment date; and (c) when issued by on-line transfer, be authorized by

a digital signature. 4 The Receiver General shall take all necessary measures to ensure (a) the security of the system used for the transmission of electronic instructions for payment to financial institutions; (b) the confidentiality, authenticity and integrity of

the data while it is under the control of the Receiver General or being transmitted to a financial institution; and (c) the security, integrity and safekeeping of the media used to issue an electronic instruction for payment while the media are under the control of the Receiver General or in transit to a financial institution for processing.

Current to June 20, 2022

Electronic Payments Regulations Authentication Sections 5-6

Authentication 5 (1) All media used to issue an electronic instruction

for payment must (a) contain internal labels that identify the media by

setting out (i) the originating data centre, (ii) the processing data centre, (iii) the file creation date and file number, (iv) the date and time of release of the media, and (v) the system, file identification number, volume

serial number and sequence of the originator’s file. (b) when delivered to a financial institution for processing, be accompanied by a transmittal document, signed by the Deputy Receiver General or by a person authorized by the Deputy Receiver General in writing, that contains the information described in subparagraphs (a)(i) to (v). (2) The Deputy Receiver General shall provide to a financial institution the names and specimen signatures of all persons authorized to sign a transmittal document addressed to that financial institution. (3) Every electronic instruction for payment issued by on-line transfer shall be acknowledged by the financial institution that receives it and every electronic authorization shall be verified by the financial institution to ensure the integrity of the instruction.

Acceptance 6 A financial institution that accepts an electronic instruction for payment shall make the funds available for withdrawal or other use by the payee (a) not later than the opening of business on the payment date, if the electronic instruction for payment is received by the financial institution before the payment date; or (b) on receipt of the electronic instruction for payment, if it is received on or after the payment date.

Current to June 20, 2022

Electronic Payments Regulations Replacement Payments Sections 7-9

Replacement Payments 7 Where it has been confirmed with the applicable financial institution that a payment to be made by means of an electronic instruction for payment has not been credited by the payment date to the account designated by the payee, in accordance with the procedures set out in the agreement with the financial institution for such designation, a replacement payment may be issued to the payee in the same amount as the original payment if (a) the electronic instruction for payment is revoked;

and (b) the amount already paid to the financial institution, if any, is recovered through chargeback or by other means.

Repeal 8 [Repeal]

Coming into Force 9 These Regulations come into force on February 23, 1998.

Current to June 20, 2022

