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ARTICLE · 21 FEBRUARY 2013

Prorogation Puts An End To Proposed Changes To The Electronic Commerce Act

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A discussion on a private member’s bill introduced to the Ontario Legislative Assembly to amend and modernize the Electronic Commerce Act, 2000, which aims to to facilitate the use of electronic signatures in real estate transactions.

CanadaReal Estate and Construction
Natasha Jimeno
Natasha Jimeno
Anne-Marie Widner
Anne-Marie Widner
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When Dalton McGuinty stepped down as Liberal leader and prorogued the Ontario legislature on October 15, 2012, any bills that had not received Royal Assent before prorogation were terminated and essentially "died". Among these was Bill 96, a private member's bill introduced to the Ontario Legislative Assembly to amend and modernize the Electronic Commerce Act, 2000 (the "Act"). The bill had only received First Reading; however its co-sponsors, Conservative MPP Todd Smith and Liberal MPP Yasir Naqvi, along with many in the real estate industry, continue to push for changes to the Act.

The purpose of the bill was to facilitate the use of electronic signatures in real estate transactions by removing the exception in the Act which prohibits land transfer documents from being signed by an electronically generated signature. The bill proposed that these land transfer documents would be subject to the reliability requirements contained in section 11(3) of the Act. These

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