E-signature legality in Canada
Electronic signatures are recognised across Canada, but the governing law is mostly provincial, and a narrow set of federal government documents needs a higher-assurance secure electronic signature.
Sufficient for ordinary commercial contracts under Ontario, British Columbia and comparable provincial law, with no certificate or identity check required. The catch is Quebec's integrity requirement, and the narrow set of federal documents that need a certificate from a recognised authority.
The governing law
PIPEDA Part 2 (federal); Secure Electronic Signature Regulations, SOR/2005-30; Ontario Electronic Commerce Act, 2000; British Columbia Electronic Transactions Act, 2001; Quebec Act to establish a legal framework for information technology, 2001, with the Civil Code of Quebec.
Types of signature recognised
Federally there is a two-level split between an electronic signature and a secure electronic signature. Provincially there are no tiers at all, and Quebec is outcome-based and technology-neutral.
Commonly signed electronically
- Commercial supply and distribution contracts
- Non-disclosure agreements
- Employment offer letters
- Corporate resolutions and engagement letters
- Purchase orders and invoices
What you cannot sign electronically in Canada
This is the part worth reading twice. These documents either cannot be signed electronically at all, or need a higher-assurance form than an ordinary online signature.
- Wills and codicils, and trusts created by wills
- Powers of attorney for financial affairs or personal care
- Negotiable instruments and documents of title
- Land documents that must be registered to bind third parties (British Columbia)
- Quebec immovable hypothecs, and holograph wills, which must be handwritten without technical means
- Federal documents that require a secure electronic signature, such as sworn statements and witnessed signatures
What matters in practice
The province governs, not PIPEDA, and the provincial rule is simply that an electronic signature satisfies a signature requirement. Consent matters and can be inferred from conduct. In Quebec the signature only binds if integrity and the link between signature and document were maintained, which makes the audit trail load-bearing.
FileHook produces standard electronic signatures with a tamper-evident audit log and a certificate of completion. We do not offer signer identity verification, qualified signatures, or certificates from a licensed authority. Where the notes above say you need one of those, you need a different tool, and we would rather tell you now.
Sources
This page is general information, not legal advice. Laws change and the right answer depends on your document and your situation. Check with a qualified lawyer in the relevant country before relying on it for anything that matters.
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