Order Amending Schedule 2 to the Personal Information Protection and Electronic Documents Act: SOR/2019-84
Canada Gazette, Part II, Volume 153, Number 8
Registration
SOR/2019-84 April 1, 2019
PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT
The Minister of Natural Resources, as the responsible authority for the Canada Lands Surveys Act footnote a in accordance with the definition “responsible authority” in subsection 31(1) of the Personal Information Protection and Electronic Documents Act footnote b, pursuant to section 49 of that Act, makes the annexed Order Amending Schedule 2 to the Personal Information Protection and Electronic Documents Act.
Ottawa, March 22, 2019
Amarjeet Sohi
Minister of Natural Resources
Order Amending Schedule 2 to the Personal Information Protection and Electronic Documents Act
Amendment
1 Schedule 2 to the Personal Information Protection and Electronic Documents Act footnote 1 is amended by adding the following in numerical order:
| Item | Column 1 Act of Parliament |
Column 2 Provisions |
|---|---|---|
| 3 | Canada Lands Surveys Act |
Subsection 3(2) |
Coming into Force
2 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
The Surveyor General of Canada, subject to the direction of the Minister of Natural Resources Canada, has custody of all survey records pursuant to subsection 3(2) of the Canada Lands Surveys Act, R.S.C., 1985, c. L-6 (CLSA). Historically, original survey documents and drawings were submitted in hard copy format (field books, linen, polyester film, or paper). The Surveyor General of Canada determined that it was desirable to convert these documents to authoritative electronic alternatives to be stored in a manner that will preserve the integrity and official character of the documents in question. In addition, the Surveyor General of Canada modernized its processes to accept electronic originals.
Background
Subsection 3(2) of the CLSA indicates that the Surveyor General of Canada has the management of surveys and the custody of all the original plans, journals, field notes and other papers connected with the surveys made under the CLSA.
Section 42 of the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) [PIPEDA] establishes the circumstances under which a requirement under a provision of a federal law for a document to be in its original form is satisfied. It reads as follows:
- 42 A requirement under a provision of a federal law for a document to be in its original form is satisfied by an electronic document if
- (a) the federal law or provision is listed in Schedule 2 or 3;
- (b) the electronic document contains a secure electronic signature that was added when the electronic document was first generated in its final form and that can be used to verify that the electronic document has not been changed since that time; and
- (c) the regulations respecting the application of this section to the provision have been complied with.
The Surveyor General adopted standards and practices to ensure that each authoritative electronic document is signed and sealed using a secure electronic signature that meets the requirements of the Secure Electronic Signature Regulations, SOR/2005-30.
Additional regulations to complement the Secure Electronic Signature Regulations are not required.
Objectives
The objective is to provide authoritative quality to the electronic alternative of the original survey documents and drawings that were submitted in hard copy format, by adding subsection 3(2) of the CLSA to Schedule 2 of PIPEDA.
Description and rationale
The addition of subsection 3(2) of the CLSA to Schedule 2 of PIPEDA will provide the legal framework required for the use of authoritative electronic alternatives to hard copy format in the delivery of the mandate of the Surveyor General of Canada.
The general public will not be affected by this modernization initiative.
“One-for-One” Rule and small business lens
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.
The small business lens does not apply to this proposal, as there are no costs on small business.
Consultation
There is no need to consult stakeholders, as the modernization initiative affects only the administrative functions of the government of Canada in support of delivering the responsibilities of the Surveyor General of Canada under the CLSA.
Implementation, enforcement and service standards
The addition of the subsection 3(2) of the CLSA to Schedule 2 of PIPEDA will come into force on the day on which it is registered.
Contacts
Martin Gingras, Q.L.S., C.L.S.
Acting Director, Eastern Canada
Surveyor General Branch
Natural Resources Canada
Telephone: 613‑899‑6611
Email: martin.gingras@canada.ca
José M’Bala, Ph.D., C.L.S.
Surveyor General Branch
Natural Resources Canada
Telephone: 613‑219‑2636
Email: jose.mbala@canada.ca