No. 33
15
Electronic Transactions
(b) is capable of retention for subsequent reference;
(c) is retained in the format in which it was generated, sent or
received, or in a format which can be demonstrated to represent
accurately the information generated, sent or received; and
(d) is retained to enable the identification of the origin and
destination of the electronic record and the date and time when it
was sent or received.
(2) A document, record or information referred to in subsection
(1) shall be kept in electronic form for at least seven years.
(3) The obligation to retain a document, record or information
under this section shall not extend to information whose purpose is
only to enable the message to be sent or received.
(4) The provisions of this section may be satisfied by the use of
services of another party as long as all the provisions of the section
are complied with.
18.__(1) Where a security procedure has been applied to an
electronic record at a specific point in time, the record shall be a
secure electronic record from the time the security procedure has
been applied.
Secure
electronic
record
(2) An unauthorized alteration of a security procedure shall
render the record invalid.
(3) An alteration shall be unauthorized if it is done by a person
without the lawful authority of the person who originally applied a
security procedure.
19. Validity of a contract shall not be affected by the sole
reason that it is executed in electronic form, if the contract has
fulfilled all other requirements for formation of such type of
contract.
20.__(1) Unless otherwise agreed by the parties, the dispatch of
an electronic message shall occur when such message leaves an
information system under the control of the sender or an agent of the
sender.
(2) Unless otherwise agreed by the parties, receipt of an
electronic message shall occur__
(a) where the recipient has designated an information system
for the purpose of receiving the electronic message, when the
electronic message has entered the designated information
system; or
Validity of a
contract
executed in
electronic
form
Time and
place of
dispatch and
receipt of an
electronic
message