2. For the purposes of the definition “secure electronic signature” in subsection 31(1) of the Act, a secure electronic signature in respect of data contained in an electronic document is a digital signature that results from completion of the following consecutive operations:

• (a) application of the hash function to the data to generate a message digest;

• (b) application of a private key to encrypt the message digest;

• (c) incorporation in, attachment to, or association with the electronic document of the encrypted message digest;

• (d) transmission of the electronic document and encrypted message digest together with either

  • (i) a digital signature certificate, or

  • (ii) a means of access to a digital signature certificate; and

• (e) after receipt of the electronic document, the encrypted message digest and the digital signature certificate or the means of access to the digital signature certificate,

  • (i) application of the public key contained in the digital signature certificate to decrypt the encrypted message digest and produce the message digest referred to in paragraph (a),

  • (ii) application of the hash function to the data contained in the electronic document to generate a new message digest,

  • (iii) verification that, on comparison, the message digests referred to in paragraph (a) and subparagraph (ii) are identical, and

  • (iv) verification that the digital signature certificate is valid in accordance with section 3.

• 3. (1) A digital signature certificate is valid if, at the time when the data contained in an electronic document is digitally signed in accordance with section 2, the certificate

  • (a) is readable or perceivable by any person or entity who is entitled to have access to the digital signature certificate; and

  • (b) has not expired or been revoked.

• (2) In addition to the requirements for validity set out in subsection (1), when the digital signature certificate is supported by other digital signature certificates, in order for the digital signature certificate to be valid, the supporting certificates must also be valid in accordance with that subsection.

• 4. (1) Before recognizing a person or entity as a certification authority, the President of the Treasury Board must verify that the person or entity has the capacity to issue digital signature certificates in a secure and reliable manner within the context of these Regulations and paragraphs 48(2)(a) to (d) of the Act.

• (2) Every person or entity that is recognized as a certification authority by the President of the Treasury Board shall be listed on the website of the Treasury Board Secretariat.

5. When the technology or process set out in section 2 is used in respect of data contained in an electronic document, that data is presumed, in the absence of evidence to the contrary, to have been signed by the person who is identified in, or can be identified through, the digital signature certificate.