ARCHIVED — Electronic Documents (Cooperative Credit Associations) Regulations

Warning This Web page has been archived on the Web.

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Vol. 144, No. 23 — November 10, 2010

Registration

SOR/2010-242 October 28, 2010

COOPERATIVE CREDIT ASSOCIATIONS ACT

P.C. 2010-1339 October 28, 2010

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 463(1) (see footnote a) and sections 487.02 (see footnote b), 487.04 (see footnote c), 487.05 (see footnote d), 487.07 (see footnote e), 487.11 (see footnote f) and 487.12 (see footnote g) of the Cooperative Credit Associations Act (see footnote h), hereby makes the annexed Electronic Documents (Cooperative Credit Associations) Regulations.

ELECTRONIC DOCUMENTS (COOPERATIVE CREDIT ASSOCIATIONS) REGULATIONS

INTERPRETATION

DEFINITION

1. In these Regulations, “Act” means the Cooperative Credit Associations Act.

NON-APPLICATION

2. For the purpose of section 487.02 of the Act, the prescribed notices, documents or other information is that referred to in sections 89 to 142 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 487.04(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.

CONSENT TO PROVISION OF AN ELECTRONIC DOCUMENT

5. (1) For the purpose of paragraph 487.04(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) If the notification referred to in subsection (2) or the consent referred to in subsection (4) is provided in an electronic document, the electronic document must be accessible to the addressee and capable of being retained by them so as to be usable for subsequent reference.

(4) If the addressee’s consent is provided in writing, in paper or electronic form, 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 must, without delay, 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.

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, without delay, provide the addressee with confirmation, in writing, in paper or electronic form, of the revocation specifying when revocation of consent takes effect.

(3) If the originator or the person acting for the originator provides confirmation in an electronic document, the electronic document must be accessible to the addressee and capable of being retained by them so as to be usable for subsequent reference.

PROVISION AND RECEIPT

SEVERAL ADDRESSEES

7. For the purpose of paragraphs 487.05(b) and 487.07(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.

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 487.11 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.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2010-230, Annual Statement (Banks and Bank Holding Companies) Regulations.

Footnote a
S.C. 2005, c. 54, s. 208

Footnote b
S.C. 2005, c. 54, s. 212

Footnote c
S.C. 2005, c. 54, s. 212

Footnote d
S.C. 2005, c. 54, s. 212

Footnote e
S.C. 2005, c. 54, s. 212

Footnote f
S.C. 2005, c. 54, s. 212

Footnote g
S.C. 2005, c. 54, s. 212

Footnote h
S.C. 1991, c. 48