Mahsi, Mr. Chair. I am pleased to be here today to speak to Bill 3, Electronic Transactions Act. I would like to thank the Standing Committee on Social Programs for its review of this bill.
Legal relationships have long been based on paper documentation, and most laws use language that refers to paper documents. Over the past generation, however, more and more people have begun communicating through the Internet and by e-mail. The result is that documents and information are now routinely shared electronically.
Mr. Chair, to some extent, courts have come to terms with technology: people have drafted contracts to provide standards for computer communications between them, and legislation has been created to provide for the use of electronic documents in specific areas. However, the benefits
of electronic communications are not fully realized by the legal uncertainty that still exits, due to the absence of legislation that deals with issues raised by electronic commerce.
This proposed new legislation would make it clear that electronic communications and documents are recognized under NWT law. It provides for minimum standards that must be met where electronic documents and information are used. At the same time, it is important to note that the proposed legislation does not require people to use electronic communications against their will. The bill also allows public bodies to set their own standards for incoming electronic documents.
The proposed legislation sets out basic rules for electronic transactions, including:
• the formation and operation of contracts;
• the effect of using automated transactions;
• the correction of errors when dealing with
another party’s automated computer application, and
• the specific details relating to both time and place where computer communications are considered to be sent and received.
The bill also contains provisions that deal specifically with the shipping of goods.
The bill is based on a model law that all other Canadian provinces and territories have used to develop their own laws addressing issues associated with electronic commerce. A draft bill was developed by Justice staff and made available for public comment. The bill in its current form was completed after consultation with those who provided specific feedback.
I would be pleased to answer any questions that committee members may have regarding Bill 3. Mahsi.