SECURE ELECTRONIC RECORDS AND SIGNATURES
—(1) If a specified security procedure, or a commercially reasonable security procedure agreed to by the parties involved, has been properly applied to an electronic record to verify that the electronic record has not been altered since a specific point in time, such record shall be treated as a secure electronic record from such specific point in time to the time of verification.
(2) For the purposes of this section and section 18, whether a security procedure is commercially reasonable shall be determined having regard to the purposes of the procedure and the commercial circumstances at the time the procedure was used, including —
the nature of the transaction;
the sophistication of the parties;
the volume of similar transactions engaged in by either or all parties;
the availability of alternatives offered to but rejected by any party;
the cost of alternative procedures; and
the procedures in general use for similar types of transactions.
[ETA, s. 16]
—(1) If, through the application of a specified security procedure, or a commercially reasonable security procedure agreed to by the parties involved, it can be verified that an electronic signature was, at the time it was made —
unique to the person using it;
capable of identifying such person;
created in a manner or using a means under the sole control of the person using it; and
linked to the electronic record to which it relates in a manner such that if the record was changed the electronic signature would be invalidated,
such signature shall be treated as a secure electronic signature.
(2) Whether a security procedure is commercially reasonable shall be determined in accordance with section 17(2).
[ETA, s. 17]
—(1) In any proceedings involving a secure electronic record, it shall be presumed, unless evidence to the contrary is adduced, that the secure electronic record has not been altered since the specific point in time to which the secure status relates.
(2) In any proceedings involving a secure electronic signature, it shall be presumed, unless evidence to the contrary is adduced, that —
the secure electronic signature is the signature of the person to whom it correlates; and
the secure electronic signature was affixed by that person with the intention of signing or approving the electronic record.
(3) In the absence of a secure electronic record or a secure electronic signature, nothing in this Part shall create any presumption relating to the authenticity and integrity of the electronic record or electronic signature.
[ETA, s. 18]