Section 4: Application of 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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Questions this section answers
- Does this Act apply to a will or a power of attorney made in electronic form?
- Does this Act apply to selling immovable property electronically?