Regulation permitting issuance of electronic pay statements proposed

On December 15th, the federal Minister of Labour proposed a regulation that will permit federally-regulated employers to issue electronic pay statements. Currently, employers without seeking a ministerial exemption.

The government is relying on the provision in Part 2 of the Personal Information Protection and Electronic Documents Act that deems a legal requirement that a document be in writing to be satisfied by an electronic document where (among other things) a regulation establishing the conditions for use of an electronic document is put in place.

The proposed regulation establishes the following conditions for use:

  • the employer must inform each employee where electronic pay statements are stored
  • the pay statement must be readable and printable only by the employee
  • the pay statement must remain accessible by the employee through electronic means for a period of at least three years from the first date it is made available
  • the pay statement must be readable and printable on a computer and printer to which the employer shall provide the employee with private access

The Regulatory Impact Analysis Statement and the proposed regulation can be found here.

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