On July 1, 2015, provisions of the 2014 Provincial Budget will come into force, which amend the Electronic Commerce Act (“ECA”) to apply to documents, including agreements of purchase and sale, that create or transfer interests in land and require registration to be effective against third parties. Note that as of July 1, 2015, the ECA would apply to such documents, even if they were created before that date. The proclamation and related provisions are attached below for your reference.
“PROCLAMATION PROSPEROUS AND FAIR ONTARIO ACT (BUDGET MEASURES), 2013 We, by and with the advice of the Executive Council of Ontario, name, July 1, 2015 as the day on which the following provisions of the Prosperous and Fair Ontario Act (Budget Measures), 2013, c. 2, which amend the Electronic Commerce Act, 2000, come into force: Schedule 5, s. 1, 2.”
Electronic Commerce Act, 2000
Documents to which Act does not apply
31. (1) This Act does not apply to the following documents:
- Wills and codicils.
- Trusts created by wills or codicils.
- Powers of attorney, to the extent that they are in respect of an individual’s financial affairs or personal care.
- Documents, including agreements of purchase and sale, that create or transfer interests in land and require registration to be effective against third parties.
Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013
SCHEDULE 5
ELECTRONIC COMMERCE ACT, 2000
- The Electronic Commerce Act, 2000 is amended by adding the following section after the heading “Application of Act”:
- Application to information, documents
- 25.1 For greater certainty, the application of this Act to information or a document is not affected by when the information or document was created or came into existence.
- Paragraph 4 of subsection 31 (1) of the Act is repealed.
Commencement
- This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.