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Policy No. 94 Electronic Signature Policy
POLICY NO. 94
ELECTRONIC SIGNATURE POLICY
1.0
STATEMENT
1.1
This policy is made pursuant to Section 48(3) of the Municipal Government Act.
1.2
The Municipality of Barrington is committed to adopting a consistent and
appropriate approach to the use of Electronic Signatures with the aim of
ensuring document reliability, expediting workflow processes, reducing
recordkeeping requirements and improving customer service.
2.0
PURPOSE
2.1
The purpose of this Policy is to ensure consistent, authorized, and lawful use of
Electronic Signatures by:
2.1.1 identifying the requirements for the receipt and creation of legally
reliable electronic documents;
2.1.2 identifying the requirements for the use of Electronic Signatures; and
2.1.3 providing guidance on when Electronic Signatures are considered official
and acceptable by the Municipality.
3.0
DEFINITIONS
3.1
"Director" means a person in charge of a municipal department.
3.2
"Digital Signature" means a form of Electronic Signature that is fully or partially
reinforced through cryptography to ensure the identity of the signer as well as
the integrity and authenticity of a record.
3.3
"Document Reliability" means the extent to which the reader can be objectively
certain of the identity of signers and of the integrity and authenticity of the
document.
3.4
"Electronic" means created, recorded, transmitted or stored in digital form or in
other intangible forms by electronic, magnetic, or optical means or by any other
means that have capabilities for creation, recording, transmission or storage
similar to those means and "electronically" has a corresponding meaning.
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Policy No. 94 Electronic Signature Policy
3.5
"Electronic Record" means a record of information that is created, generated,
sent, communicated, received or stored electronically. Electronic records include
electronic documents.
3.6
"Electronic Signature" means any electronic artefact that fulfils the function of a
signature in the electronic medium. Electronic Signatures may include, but are
not limited to, Digital Signatures, name entries (online forms), email signature
blocks or headers, click-through agreements, and combinations of a username
and personal identification number (PIN).
3.7
"Electronic Submission" means an electronic document submitted through
electronic means including, but not limited to, emails, web forms, facsimiles,
external devices (e.g. compact discs, hard disks, USB flash drives).
3.8
"Information Technology Services" (ITS) means services provided by Blair's
Computer Service of Barrington Passage and refers to the structure,
development, application, execution, support and oversight of computer-based
information systems.
3.9
"Municipality" means the Municipality of the District of Barrington.
3.10
"Private Bodies" means any person or organization not being a public
body and it also means a voluntary organization, charitable institution, club,
company, firm or partnership.
3.11
"Public Bodies" means a body that acquires both its existence and its
authority from a statute enacted by a legislature and whose functions and
transactions are for the benefit of and affect the whole community to which
its authority extends.
3.12
"Record" means information, however recorded or stored, irrespective of the
medium or form, by electronic means or otherwise, that includes, but is not
limited to, documents, financial statements, minutes, accounts, emails,
correspondence, memoranda, plans, maps, drawings, photographs, databases,
and films.
3.13
"Signature" means a traceable, exclusively personal mark left by a person on a
record.
3.14
"Supervisor" means a person who supervises a person or an activity.
3.15
"Transaction" means an action or set of actions occurring between two (2) or
more persons relating to the conduct of business, commercial or governmental
affairs.
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Policy No. 94 Electronic Signature Policy
4.0
APPLICATION
4.1
This Policy applies to all departments, employees and members of Council of the
Municipality.
5.0
REQUIREMENTS
5.1
Use of Electronic Signatures
5.1.1 Subject to the provisions of this Policy, to the fullest extent permitted by
law, the Municipality accepts electronically signed documents as legally
binding and having the same legal value as paper documents with
handwritten signatures (wet signatures). To that end, a legal requirement
that a document be signed is satisfied by a Digital Signature. When there
is no legal requirement that a document be signed, an Electronic
Signature may be accepted instead of a Digital Signature.
5.1.2 This Policy does not limit the Municipality's right or option to conduct a
transaction on paper or in a non-electronic form, nor affect the
Municipality's right or obligation to have documents provided or made
available in paper format when required by statute or regulation.
5.2
Internal Documents and Transactions
5.2.1 Subject to the restrictive provisions in this Policy, all internal documents
of the Municipality including, but not limited to, official documents,
requests, approvals, written communications, Electronic Submissions,
and transactions shall be created, authorized, approved or signed using
electronic documents and Electronic Signatures.
5.3
External Documents and Transactions
5.3.1 All employees of the Municipality shall accept the Electronic Submission
of documents or transactions bearing an Electronic Signature if it is
deemed to be in compliance with this Policy.
5.4
Documents Excluded
5.4.1 The following documents shall not be signed, in any circumstances, using
Electronic Signatures:
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;
Negotiable instruments (e.g. cheques, promissory notes, etc.);
Documents that are prescribed or belong to a prescribed class;
and
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Policy No. 94 Electronic Signature Policy
Documents of title.
Documents that create an interest or transfer an interest in
land;
Affidavits and other documents to be filed with a court;
Any other documents prescribed by law to require wet
signatures.
5.5
General Consent
5.5.1 No person shall be compelled or required to transact with the
Municipality using Electronic Signatures without their consent. If a
handwritten signature (wet signature) is requested, the Municipality shall
consent.
5.5.2 However, depending on the legal status of the transacting party, the
consent required to allow the use of Electronic Signatures can be implicit
or explicit.
5.6
Consent of Public Bodies
5.6.1 Public bodies' consent to the use of Electronic Signatures shall be explicit,
which means the consent shall be given only by an explicit written
communication stating the public body's consent to use Electronic
Signatures for the matter or purpose in question. The explicit written
communication shall be kept with the electronically signed documents as
proof of consent.
5.7
Consent of Private Bodies or Other Persons
5.7.1 The consent of private bodies or other persons to the use of Electronic
Signatures can be implied, which means that the consent does not have
to be strictly expressed through an explicit communication. Rather, the
consent can also be inferred from a person's conduct if there are
reasonable grounds to believe that the consent is genuine and is relevant
to the information or document.
5.8
Reliability Requirements
5.8.1 Electronic Submissions or transactions bearing Electronic Signatures shall
be reliable. The reliability requirement is satisfied only if, in light of all the
circumstances, including any relevant agreements, the purpose for which
the document is created and the time the Electronic Signature is made:
the Electronic Signature is reliable for the purpose of identifying
the person as well as ensuring the integrity and authenticity of
the document; and
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Policy No. 94 Electronic Signature Policy
the association of the Electronic Signature with the relevant
electronic document is reliable.
5.8.2 An Electronic Signature shall also be attributable (or traceable) to a
person who has the intent and authority to sign the record with the use
of adequate security and authentication measures that are contained in
the method of capturing the Electronic Submission or transaction (e.g.
use of a personal identification number (PIN) or unique login username
and password).
5.8.3 No persons, through the transmission of an Electronic Submission or
transaction bearing an Electronic Signature, shall represent themselves in
a way that is false or misleading. Where an employee believes that a
misrepresentation has occurred, the Electronic Submission or transaction
shall not be processed and the Director and the Information Technology
Service shall be notified.
5.8.4 The Municipality may adopt security procedures for Electronic Signatures
that are practical, secure and balance risk and cost. Furthermore,
Electronic Signatures may be implemented on a case-by-case basis using
various security procedures depending on the risks associated with the
Electronic Submission or transaction.
5.8.5 All security procedures shall be determined and approved by the
Information Technology Service.
6.0
RESPONSIBILITIES
6.1
Responsibilities of Employees
6.1.1 All employees shall:
comply with this Policy; and
notify the Director if he or she believes that an employee is using
Electronic Signatures in a manner that is fraudulent or contrary to
the security procedures in place.
6.2
Responsibilities of Directors and Supervisors
6.2.1 Directors or Supervisors shall:
work and collaborate with the Information Technology Service to
implement Electronic Signatures within their department and
determine security procedures;
ensure that employees under their supervision comply with this
Policy; and
notify the Information Technology Service if they believe that an
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Policy No. 94 Electronic Signature Policy
employee is using Electronic Signatures in a manner that is
fraudulent or contrary to the security procedures in place.
6.3
Responsibilities of the Clerk and Information Technology Service
6.3.1 The Clerk and Information Technology Service shall:
implement, administer and update this Policy; and
monitor and report on the implementation of this Policy.
7.0
LEGISLATIVE AUTHORITY
7.1
Section 11 of the Electronic Commerce Act, 2000, allows the use of
Electronic Signatures, subject to prescribed requirements.
8.0
REFERENCES
8.1
References
8.1.1 Electronic Commerce Act, 2000, S.N.S 2000, c. 26
8.1.2 Freedom of Information and Protection of Privacy (FOIPOP) Act, S.N.S.
1993, c 5
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Policy No. 94 Electronic Signature Policy
Clerk's Annotation for Official Policy Book
Date of Notice to Council members of Intent to Consider
February 14, 2023
Date of Passage of current Policy
February 28, 2023
I certify that Policy No. 94 "Electronic Signature Policy" was adopted
by Council as indicated above.
_________________________ ___________________________
Lesa Rossetti Date
Municipal Clerk
VERSION LOG
Version
Number
Amendment Description
Approved By
Approval Date
1
Approved Policy of Council
Council
February 28, 2023