Are electronic signatures legal in Canada?

Federal and provincial law

Contract law in Canada is mostly provincial, so the provincial statute normally decides whether an e-signature is valid. Ontario has the Electronic Commerce Act, 2000, British Columbia the Electronic Transactions Act, and Quebec the Act to establish a legal framework for information technology. The common-law provinces' statutes follow the Uniform Electronic Commerce Act model, which is why they read alike.

Ontario's Act is typical. Section 4 says a document is not invalid or unenforceable just because it is electronic. Section 3 says nobody is required to use electronic documents, but consent can be inferred from conduct. Section 11(1) says a legal requirement that a document be signed is satisfied by an electronic signature, and sections 11(3) and (4) let regulations add reliability or technical requirements for prescribed documents.

At federal level, Part 2 of the Personal Information Protection and Electronic Documents Act (PIPEDA) deals with electronic alternatives where federal laws require writing or signatures. The Canada Evidence Act, sections 31.1 to 31.8, sets out how electronic documents are admitted, focusing on the integrity of the system that recorded them.

Electronic signatures and secure electronic signatures

Most Canadian law asks only for an electronic signature: information in electronic form that a person has created or adopted to sign a document, attached to or associated with it. Some federal requirements ask for more. PIPEDA defines a secure electronic signature, and the Secure Electronic Signature Regulations (SOR/2005-30) set out how one is made, using a digital signature backed by a certificate from a recognised certification authority.

Where a federal statute specifically requires a secure electronic signature, a simple signature will not do. For private contracts governed by provincial law, a simple signature with good evidence is normal.

What is excluded?

Each province has its own list. Ontario's section 31 is a good guide to the usual exclusions. A former exclusion for documents transferring interests in land was repealed in 2013, since Ontario land registration is already electronic through its own system.

• Wills and codicils
• Trusts created by wills or codicils
• Powers of attorney for an individual's financial affairs or personal care
• Negotiable instruments
• Documents of title (except for contracts for the carriage of goods)
• Documents prescribed by regulation

Evidence a Canadian court will look for

Under the Canada Evidence Act and the provincial evidence statutes, the best evidence rule for electronic documents is met by proving the integrity of the system that recorded or stored them. That makes a tamper-evident file and a consistent audit trail directly useful.

• The signed PDF sealed against later edits
• How each signer was identified and when
• Each signer's consent to use electronic documents
• IP address and device data
• A description of the system used, in case you need to prove its integrity

Where Sign PDF fits

Sign PDF creates electronic signatures that meet the provincial definitions for ordinary contracts: each signer confirms a code sent to their email, agrees to sign electronically, and signs in the browser. The certificate of completion and hash-chained audit trail, sealed with an independent DigiCert timestamp, are the system-integrity evidence the Canada Evidence Act looks for.

We do not provide PIPEDA secure electronic signatures, and our signing pages are English only, which matters if you deal with consumers in Quebec, where French-language rules apply to many contracts. Use Sign PDF for employment offers, NDAs, leases, contractor agreements and sales contracts; not for wills, powers of attorney or negotiable instruments. This page is general information, not legal advice; ask a lawyer in the relevant province about anything high-stakes.