Is an electronic signature legal in Canada?
A statutory requirement that a document be signed is generally satisfied by an electronic signature that meets the applicable rules, with narrow exceptions where a traditional wet-ink signature is required. PIPEDA provides that a signature required by federal law can be met electronically (s. 43), and the provinces and territories take a comparable approach. Documents not subject to a specific legislative signing mandate can generally be signed electronically.
What types of electronic signature are recognized in Canada?
PIPEDA defines an electronic signature as one or more letters, characters, numbers, or symbols in digital form incorporated in, attached to, or associated with an electronic document. PIPEDA also recognizes — and in certain prescribed circumstances requires — a “secure electronic signature” produced by a technology or process set out in regulation.
What documents can be signed electronically in Canada?
Commonly signed electronically: HR and employment paperwork, NDAs, commercial agreements (purchase orders, procurement, software licenses, sales, distribution, and service agreements), many corporate documents (directors’ and shareholders’ resolutions, share subscriptions and agreements, and government information filings — with narrow exceptions such as BC share certificates), consumer agreements, and many government certificates, licenses, and notices unless specifically exempted. Note: under the federal Copyright Act, a copyright assignment must be in writing and signed by the owner.
What documents cannot be signed electronically in Canada?
Provincial and territorial statutes each exclude certain documents from electronic signing, so confirm the rules in the relevant province. Where PIPEDA prescribes it, a “secure electronic signature” (a defined technology/process) must be used.
What court cases have addressed eSignatures in Canada?
None reported.
