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First Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 31

THE ELECTRONIC COMMERCE AND INFORMATION, CONSUMER PROTECTION AMENDMENT AND MANITOBA EVIDENCE AMENDMENT ACT


Section Table of Contents
PART 1
GENERAL
INTERPRETATION AND APPLICATION
1(1) Definitions
(2) Extended meaning of "requirement"
(3) Regulations re definitions
2 No application to negotiable instruments
3 No effect on laws re electronic means
4(1) Use of electronic documents not mandatory
(2) Consent of public body may not be implied
5 Crown bound
PRODUCTION, INSPECTION OR CERTIFICATION OF ELECTRONIC
6 Production or inspection of electronic information
7 Certified copies of electronic information
PART 2
USING ELECTRONIC MEANS UNDER DESIGNATED LAWS
GENERAL
8 Purpose
9 No effect on non-designated laws
10 General power to use electronic means
WRITING
11 Requirement for information to be in writing
12(1) Information required to be provided in writing
(2) Requirement for specific form
(3) Other laws not affected
(4) Extended meaning of "providing"
(5) Information not capable of being retained
SIGNATURE
13(1) Requirement for signature
(2) Exemption from signature requirement
ORIGINAL DOCUMENTS
14 Requirement re originals
RETAINING DOCUMENTS
15(1) Requirement to retain information or documents
(2) No effect on Legislative Library Act
ADDITIONAL COPIES
16 Additional copies not required
REGULATIONS AND APPROVALS
17(1) Power to approve electronic form
(2) Power to prescribe electronic form
18(1) L.G. in C. regulations
(2) Ministerial regulations
(3) L.G. in C. regulation prevails
PART 3
ELECTRONIC CONTRACTS AND COMMUNICATIONS
19(1) Formation and operation of contracts
(2) Legal effect of contract in electronic form
20(1) "Electronic agent" defined
(2) Involvement of electronic agents
(3) Errors when dealing with electronic agents
21(1) Time of sending
(2) Time of receipt
(3) Place of sending and receiving
(4) Interpretation
PART 4
CONTRACTS FOR CARRIAGE OF GOODS
22 Actions related to contracts of carriage of goods
23(1) Use of electronic means
(2) Grant of right or acquisition of obligation
(3) Standard of reliability
(4) Reverting to use of paper
(5) Replacement does not affect rights or obligations
(6) Rules of law apply equally to electronic documents
PART 5
STREAMLINED PROCEDURES FOR BUSINESS ENTITIES
24 Definitions
25 Purposes
26(1) System of common business identifiers
(2) Collection and disclosure of information re common business identifier
27(1) Authority to approve combined form
(2) Effect of using combined form
28 Integration of business information systems
29(1) Disclosure of information
(2) Interpretation
30 Regulations
31 Agreements with governmental or other bodies
PART 6
AMENDMENTS TO THE CONSUMER PROTECTION ACT
32 C.C.S.M. c. C200 amended
33
34
97.2 Regulations for Part XVI
35
116(1) Liability where credit card lost
(1.1) Liability for unauthorized use of credit card information
(1.2) Methods of giving notice
36
PART XVI
INTERNET AGREEMENTS
127 "Internet" defined
128 Application
129(1) Buyer may cancel if not provided information
(2) Electronic methods of providing information
130(1) Buyer may cancel for failure to deliver
(2) Attempted delivery within 30-day period
131 Court may provide relief against cancellation
132(1) Notice of cancellation
(2) Method of giving notice
(3) Wording of notice of cancellation
(4) Effective date of cancellation
133(1) Effect of cancellation
(2) Delivery of services after cancellation
(3) Delivery of goods after cancellation
(4) Seller must accept return of goods
(5) Seller responsible for cost of returning goods
(6) Effective date of return
134(1) Buyer's recourse re credit card charges
(2) Credit card issuer must reverse or cancel charges
(3) Application
135 Other rights not affected
PART 7
AMENDMENTS TO THE MANITOBA EVIDENCE ACT
37 C.C.S.M. c. E150 amended
38
51.1 Definitions
51.2 Authentication of electronic documents
51.3(1) Application of best evidence rule to electronic documents
(2) Printouts
51.4 Presumption of integrity
51.5 Presumptions regarding electronic signatures
51.6 Standards may be considered
51.7(1) Proof by affidavit
(2) Cross examination
51.8 Application
PART 8
CITATION AND COMING INTO FORCE
39 C.C.S.M. reference
40 Coming into force