Are electronic signatures
legal in Canada?

Federal law: PIPEDA Part 2

Part 2 of the Personal Information Protection and Electronic Documents Act (2000) defines an electronic signature broadly, as letters, characters, numbers or other symbols in digital form attached to a document. It also defines a stricter secure electronic signature. Part 2 applies to the federal laws listed in its schedules; it isn't what governs most private contracts between people and businesses.

Provincial law covers most contracts

Everyday contracts fall under provincial electronic commerce statutes. In Ontario, the Electronic Commerce Act, 2000 lets an electronic signature meet a legal requirement for a signature. Other provinces have similar laws.

Ontario's Act excludes wills and codicils, trusts created by wills, powers of attorney, negotiable instruments and documents of title. Documents creating or transferring interests in land can now be signed electronically in Ontario, as that exclusion was repealed.

Wills: it depends on the province

British Columbia has allowed electronic wills and witnessing by electronic presence since December 2021. Most other provinces still require traditional formalities, so check your province's rules before signing a will or power of attorney.

Practical tips

Keep the signed PDF and the email exchange. If a signature is ever questioned, that record shows who signed and when. For leases, employment offers and service agreements, a simple electronic signature made with eSign is usually what the other party expects.