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AR 34/2003 ELECTRONIC TRANSACTIONS ACT GENERAL REGULATION

(Consolidated up to 19/2015)

ALBERTA REGULATION 34/2003

Electronic Transactions Act

ELECTRONIC TRANSACTIONS ACT GENERAL REGULATION

Table of Contents

                1      Definitions

                2      Exceptions

                3      Further exceptions for courts and judges

                4      Expiry

                5      Coming into force


Definitions

1(1)  In this Regulation, “Act” means the Electronic Transactions Act.

(2)  For the purposes of section 7(1)(e) of the Act, “interests in land” means interests in land that require registration to be effective against third parties.

Exceptions

2(1)  The Act does not apply to any records created under the following provisions:

                               (a)    section 9 of the Alcohol and Drug Abuse Act;

                              (b)    sections 2, 8, 10, 11, 12, 20(4), 21(4) and 24(1) of the Mental Health Act;

                               (c)    section 60(1) of the Mobile Home Sites Tenancies Act;

                              (d)    sections 39(1) and (2), 43, 44, 46, 47, 50 and 51 of the Public Health Act;

                               (e)    section 57(1) of the Residential Tenancies Act.

(2)  The Act does not apply to any information or records arising from, related to or connected with an employee‑employer relationship, including, without limitation, the following:

                               (a)    employment information and records of employment to be maintained by an employer under the Employment Standards Code or under any other enactment;

                              (b)    information or records related to the terms and conditions of employment, including a contract of employment;

                               (c)    information or records related to or created in the course of carrying out the duties, functions and other job related activities of an employee;

                              (d)    information or records related to the assignment of duties, functions and other job related activities of employment by an employer;

                               (e)    information or records related to the internal operations of an employer.

Further exceptions for courts and judges

3(1)  In this section,

                               (a)    “court” means the Court of Appeal, the Court of Queen’s Bench or The Provincial Court;

                              (b)    “judge” means a judge of a court and includes a master in chambers appointed under the Court of Queen’s Bench Act and a justice of the peace appointed under the Justice of the Peace Act.

(2)  The Act does not apply

                               (a)    to any court or judge, or

                              (b)    to any information in a court file or a judge’s file or to any other records

                                        (i)    in respect of court proceedings, or

                                      (ii)    that are created by or for or are in the custody or under the control of any court or judge.

Expiry

4   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2020.

AR 34/2003 s4;25/2012;19/2015

Coming into force

5   This Regulation comes into force on the coming into force of the Electronic Transactions Act.