Department of Employment and Social Development Act

Marginal note:Regulations

• 73 (1) The Governor in Council may make regulations

  • (a) providing for circumstances in which subsection 71(1) does not apply;

  • (b) defining, enlarging or restricting the meaning of any word or expression used but not defined in this Part;

  • (c) respecting the creation, communication, making available, collection, reception, storage or management of, or any other method of dealing with, electronic documents or electronic information, and their admissibility in any proceedings, including establishing

    • (i) criteria for the reliability of electronic documents, electronic information or electronic signatures,

    • (ii) the date and hour when an electronic document or electronic information is considered to be sent or received and the place where it is considered to be sent or received,

    • (iii) the technology to be used and process to be followed for making, receiving or verifying an electronic signature, and

    • (iv) whether an electronic document must be signed with an electronic signature;

  • (d) establishing criteria for the validity of an agreement or arrangement entered into electronically;

  • (e) respecting terms and conditions for providing or receiving electronically services, benefits or other assistance, including the payment of amounts electronically;

  • (f) respecting the technology to be used and the process to be followed for verifying electronically the identity of any person or entity;

  • (g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act and any program which is supported by grants or contributions under section 7 and respecting the manner in which and the extent to which any provision of those Acts or their regulations or any term or condition of those programs applies to the electronic systems; and

  • (h) prescribing anything that by this Part is to be prescribed.

• Marginal note:Incorporation by reference

  (2) A regulation made under this section may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

• Marginal note:Accessibility

  (3) The Minister shall ensure that any document that is incorporated by reference in the regulation is accessible.

• Marginal note:Defence

  (4) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to the person.

• Marginal note:No registration or publication

  (5) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.