Electronic Commerce Act, 2000, S.O. 2000, c. 17

• Jurisdiction: Ontario

Electronic Commerce Act, 2000

S.O. 2000, Chapter 17

Consolidation Period: From May 15, 2020 to the e-Laws currency date.

Last amendment: 2019, c. 7, Sched. 49, s. 10.

CONTENTS

general

Definitions

1 (1) In this Act,

“electronic” includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means and “electronically” has a corresponding meaning; (“électronique”, “par voie électronique”)

“electronic agent” means a computer program or any other electronic means used to initiate an act or to respond to electronic documents or acts, in whole or in part, without review by an individual at the time of the response or act; (“agent électronique”)

“electronic signature” means electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document; (“signature électronique”)

“public body” means,

(a) any ministry, agency, board, commission or other body of the Government of Ontario,

(b) a municipality or its local board, or

(c) an entity that is designated as a public body by a regulation made under clause 32 (a). (“organisme public”) 2000, c. 17, s. 1 (1).

Extended meaning of “legal requirement”

(2) In this Act, a reference to a legal requirement includes a reference to a provision of law,

(a) that imposes consequences if writing is not used or a form is not used, a document is not signed or an original document is not provided or retained; or

(b) by virtue of which the use of writing, the presence of a signature or the provision or retention of an original document leads to a special permission or other result. 2000, c. 17, s. 1 (2).

Crown

2 This Act binds the Crown. 2000, c. 17, s. 2.

Use, etc., of electronic information or document not mandatory

3 (1) Nothing in this Act requires a person who uses, provides or accepts information or a document to use, provide or accept it in an electronic form without the person’s consent. 2000, c. 17, s. 3 (1).

Implied consent

(2) Consent for the purpose of subsection (1) may be inferred from a person’s conduct if there are reasonable grounds to believe that the consent is genuine and is relevant to the information or document. 2000, c. 17, s. 3 (2).

Same

(3) Subsection (2) is subject to section 14 (public bodies). 2000, c. 17, s. 3 (3).

Payments

(4) For greater certainty, subsection (1) applies to all kinds of information and documents, including payments. 2000, c. 17, s. 3 (4).

Functional Equivalency Rules

Legal recognition of electronic information and documents

4 Information or a document to which this Act applies is not invalid or unenforceable by reason only of being in electronic form. 2000, c. 17, s. 4.

Legal requirement that information or document be in writing

5 A legal requirement that information or a document be in writing is satisfied by information or a document that is in electronic form if it is accessible so as to be usable for subsequent reference. 2000, c. 17, s. 5.

Legal requirement to provide information or document in writing

6 (1) A legal requirement that a person provide information or a document in writing to another person is satisfied by the provision of the information or document in an electronic form that 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. 2000, c. 17, s. 6 (1).

Additional rules, public bodies

(2) Subsection (1) is subject to section 16. 2000, c. 17, s. 6 (2).

Legal requirement to provide information or document in specified non-electronic form

7 (1) A legal requirement that a person provide information or a document in a specified non-electronic form to another person is satisfied by the provision of the information or document in an electronic form that is,

(a) organized in the same or substantially the same way 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. 2000, c. 17, s. 7 (1).

Additional rules, public bodies

(2) Subsection (1) is subject to section 16. 2000, c. 17, s. 7 (2).

Legal requirement re original documents

8 (1) A legal requirement that an original document be provided, retained or examined is satisfied by the provision, retention or examination of an electronic document if,

(a) there exists a reliable assurance as to the integrity of the information contained in the electronic document from the time the document to be provided, retained or examined was first created in its final form, whether as a written document or as an electronic document; and

(b) in a case where the original document is to be provided to a person, the electronic document that is provided is accessible by the person so as to be usable for subsequent reference and capable of being retained by the person. 2000, c. 17, s. 8 (1).

Integrity and reliability

(2) For the purposes of clause (1) (a),

(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;

(b) whether an assurance is reliable shall be determined in light of all the circumstances, including the purpose for which the document was created. 2000, c. 17, s. 8 (2).

Additional rules, public bodies

(3) Subsection (1) is subject to section 16. 2000, c. 17, s. 8 (3).

(4) Repealed: 2019, c. 7, Sched. 49, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 49, s. 10 - 15/05/2020

Whether information or document is capable of being retained

9 For the purposes of sections 6, 7 and 8, electronic information or an electronic document is not capable of being retained if the person providing the information or document prevents or does anything to hinder its printing or storage by the recipient. 2000, c. 17, s. 9.

Whether information or document is provided

10 (1) For the purposes of sections 6, 7 and 8, electronic information or an electronic document is not provided to a person if it is merely made available for access by the person, for example on a website. 2000, c. 17, s. 10 (1).

Same

(2) For greater certainty, the following are examples of actions that constitute providing electronic information or an electronic document to a person, if section 6, 7 or 8 is otherwise complied with:

1. Sending the electronic information or electronic document to the person by electronic mail.

2. Displaying it to the person in the course of a transaction that is being conducted electronically. 2000, c. 17, s. 10 (2).

Legal requirement that document be signed

11 (1) Subject to subsections (3) and (4), a legal requirement that a document be signed is satisfied by an electronic signature. 2000, c. 17, s. 11 (1).

Endorsement

(2) For greater certainty, subsection (1) also applies to a legal requirement that a document be endorsed. 2000, c. 17, s. 11 (2).

Reliability requirements

(3) If the document is prescribed for the purposes of this subsection or belongs to a class prescribed for those purposes, the legal requirement is satisfied only if in light of all the circumstances, including any relevant agreement, the purpose for which the document is created and the time the electronic signature is made,

(a) the electronic signature is reliable for the purpose of identifying the person; and

(b) the association of the electronic signature with the relevant electronic document is reliable. 2000, c. 17, s. 11 (3).

Other requirements

(4) If the document is prescribed for the purposes of this subsection or belongs to a class prescribed for those purposes, the legal requirement is satisfied only if,

(a) the electronic signature meets the prescribed requirements, if any, as to method; and

(b) the electronic signature meets the prescribed information technology standards, if any. 2000, c. 17, s. 11 (4).

Additional rules, public bodies

(5) Subsection (1) is subject to section 17. 2000, c. 17, s. 11 (5).

Seal

(6) The document shall be deemed to have been sealed if,

(a) a legal requirement that the document be signed is satisfied in accordance with subsection (1), (3) or (4), as the case may be; and

(b) the electronic document and electronic signature meet the prescribed seal equivalency requirements. 2000, c. 17, s. 11 (6).

Legal requirement re retention of written documents

12 (1) A legal requirement to retain a document that is originally created, sent or received in written form is satisfied by the retention of an electronic document if,

(a) the electronic document is retained in the same format as the one in which the written document was created, sent or received, or in a format that accurately represents the information contained in the written document; and

(b) the information in the electronic document will be accessible so as to be usable for subsequent reference by any person who is entitled to have access to the written document or who is authorized to require its production. 2000, c. 17, s. 12 (1).

Same, electronic documents

(2) A legal requirement to retain a document that is originally created, sent or...