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Section 4: Application of Act

Electronic Transactions Act

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

4. Application of Act (1) Subject to subsections (2) and (3), this Act shall apply to electronic records and electronic signatures relating to a transaction or an automated transaction. (2) Parts II and IV shall not apply to any enactment requiring writing or signatures in writing in— (a) the creation or execution of a will; (b) a negotiable instrument; (c) a power of attorney; (d) a contract for the sale or other disposition of immovable property, or any interest in such property; (e) the conveyance of immovable property or the transfer of any interest in immovable property; (f) a document of title; or (g) such other document or instrument as may be prescribed. (3) Any provision of Part II or IV may be varied by agreement between the parties involved in creating, generating, sending, receiving, storing or otherwise processing or using electronic records. PART II — ELECTRONIC RECORDS AND SIGNATURES

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