Electronic Signature in Canada

Published on July 20, 2020

In 1996, the UN adopted the Law on Electronic Commerce, and in 2001, the UN adopted the Law on Electronic Signatures (e-signatures). These laws were used to implement the legal principles inherent in e-signatures in most countries of the world.

In Canada, the Conference on Standardization of Canadian Legislation was held in September 1999, which then led to the adoption of the Uniform Electronic Commerce Act. Each Canadian province, excluding Quebec, has adopted the same rules established by this law, so e-signatures are regulated by both Federal and provincial legislation.

According to the law, each type of e-signature is equal to a physical one and is fully authorized by the court if the requirements for the security of the e-signature (e-signature) were met, namely:

– The e-signature should be unique and distinctive.

– The e-signature should be created under the exclusive control of the signatory.

– The e-signature can confirm the identity of the signatory.

– The e-signature is protected by technology that can detect any subsequent changes in the document.

In this regard, in Canada and Quebec, a handwritten signature is not required to recognize a contract as valid, this can be done by oral, electronic or physical consent. However, such agreements may need to be supported by other evidence in court.