E-Signature Legality in Canada

Provincial law does most of the work

In Canada, contracts between people and businesses are mainly a provincial matter, so the key rules on electronic signatures sit in provincial statutes. Most of them follow the Uniform Electronic Commerce Act that the Uniform Law Conference of Canada adopted in 1999. They share three ideas: information and contracts are not invalid just because they are electronic; an electronic signature can satisfy a legal requirement for a signature; and nobody is forced to use or accept electronic documents, although consent can be inferred from conduct. Quebec, with its civil law system, has its own framework statute.

The other provinces have comparable statutes. For an everyday contract, such as an employment offer, a service agreement, an NDA or a residential lease, an electronic signature placed on a PDF is normally enough, provided the other party agreed to deal electronically.

Where PIPEDA fits

The Personal Information Protection and Electronic Documents Act has two relevant parts. Part 1 is Canada's federal private sector privacy law. Part 2 lets requirements in federal laws, such as providing a document in writing or signing it, be met electronically, but only for federal laws and provisions listed in its schedules. Where a federal law calls for a higher level of assurance, for example an original document or a seal, Part 2 requires a “secure electronic signature” as defined in the Secure Electronic Signature Regulations, which relies on a digital certificate from a recognized certification authority. A signature drawn or typed on a PDF is not a secure electronic signature in that sense.

Documents the statutes leave out

Each provincial act lists documents it does not apply to. Ontario is a good example: section 31 of its Electronic Commerce Act, 2000 excludes

• wills and codicils, and trusts created by them;
• powers of attorney for an individual's financial affairs or personal care;
• documents that create or transfer interests in land and must be registered to be effective against third parties;
• negotiable instruments, such as promissory notes;
• documents of title (except for contracts for the carriage of goods).

An exclusion means the e-commerce act does not help. The law that governs that document then decides whether an electronic version works. Wills are the clearest case: British Columbia has allowed electronic wills since December 1, 2021, while other provinces still require their usual will formalities. Land transfers in several provinces are registered electronically, but through the land registry's own system and by authorized users, not with a signature added to a PDF.

Practical checklist before you e-sign

1. Is the document on an exclusion list, such as a will, a power of attorney or a land transfer? If so, follow that document's own rules.
2. Did the other party ask for, or agree to, an electronic signature? A PDF sent by email for signature usually shows they did.
3. Does a federal law or a regulator require a specific method, such as a digital certificate? Use it.
4. Keep the signed PDF and the email you sent it with. Together they show who signed and when.

Signing a PDF with SigPDF in Canada

SigPDF creates a simple electronic signature: you draw or type your signature, place it on the PDF along with initials, dates or text, and download the signed file. The PDF is processed in your browser and is not uploaded to our servers. SigPDF does not issue digital certificates or keep an audit trail, so use a certificate- based service where a law or the other party requires one.