A private member’s bill, Bill 96, the Electronic Commerce Amendment Act, 2012, was introduced on May 17, 2012, to amend Ontario’s Electronic Commerce Act.
The bill does three things:
i) It repeals the exclusion of land transfers from the E-Commerce Act (paragraph 31(1)(d) of the Act, s. 2 of the Bill).
ii) It requires for a land transfer that is electronically signed, that
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.
It does so by requiring that s. 11(3) of the Electronic Commerce Act (whose text is quoted) applies to these documents. (Bill s. 1)
iii) It removes the exclusion of documents of title from the E-Commerce Act (by s. 2(2) of the Bill).
The Uniform Law Conference last August amended the Uniform Electronic Commerce Act to remove the exclusion of land transfers. In other words, item (i) above is consistent with the action of the ULCC.
What do you think of the other two provisions?