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4.
Application of the Act
(1)
Subject to subsections (2) and (3), this Act shall apply to electronic
records and electronic signatures relating to a transaction or an automated
transaction.
(2)
Parts II and IV shall not apply to any enactment requiring writing or
signatures in writing in (a)
the creation or execution of a will;
(b)
a negotiable instrument;
(c)
a power of attorney;
(d)
a contract for the sale or other disposition of immovable
property, or any interest in such property;
(e)
the conveyance of immovable property or the transfer of any
interest in immovable property;
(f)
a document of title; or
(g)
such other document or instrument as may be prescribed.
(3)
Any provision of Part II or IV may be varied by agreement between
the parties involved in creating, generating, sending, receiving, storing or
otherwise processing or using electronic records.
PART II - ELECTRONIC RECORDS AND SIGNATURES
5.
Legal recognition of electronic records
No record or signature shall be denied legal effect, validity or
enforceability solely on the ground that it is in electronic form.
6.
Requirement for writing
Where an enactment requires any information or record to be in writing,
that requirement shall be satisfied by an electronic record where the information
contained therein is accessible so as to be usable for subsequent reference.
7.
Electronic records
(1)
Where an enactment requires that records, documents
or
information be kept, that requirement shall be satisfied where the records,