Electronic signatures in Canada: PIPEDA, provincial laws and Quebec

Canadian businesses have signed electronically for more than two decades. There isn't one single e-signature law, though. Federal law covers federal matters, each province and territory has its own statute, and Quebec follows a framework of its own. This guide explains the basics and where the usual exceptions lie.

For a comparison with other countries, see our e-signature legality overview and the guide Are electronic signatures legal around the world?.

Are electronic signatures legal in Canada?#

Yes, for most commercial agreements. The framework has two layers:

• Federal: PIPEDA, Part 2. Part 2 of the Personal Information Protection and Electronic Documents Act (2000) lets electronic documents and signatures be used to satisfy requirements in federal laws. For some specific federal requirements, such as where a document must carry a seal or be an original, it calls for a "secure electronic signature" as defined by regulation, which is a certificate-based method.
• Provincial and territorial: electronic commerce acts. Most common-law provinces and territories have statutes based on the Uniform Electronic Commerce Act prepared by the Uniform Law Conference of Canada in 1999. Examples include Ontario's Electronic Commerce Act, 2000 and British Columbia's Electronic Transactions Act. Contracts between private parties are mainly governed by these provincial laws.
• Quebec. Quebec has its own Act to establish a legal framework for information technology (2001), which works alongside the Civil Code of Québec. It focuses on the integrity of documents and on technology-neutral equivalence between paper and electronic documents.

The common thread is that information and contracts shouldn't be denied legal effect just because they are electronic. The provincial acts generally don't force anyone to use electronic documents, and consent to do so can often be inferred from a person's conduct. Governments may set stricter rules for filings they receive.

Types of electronic signatures recognised#

Canadian laws are largely technology-neutral. An electronic signature is broadly any electronic information that a person creates or adopts in order to sign a document and that is attached to or associated with it. A typed name, a drawn signature or a click on "I agree" can qualify for most private agreements, and courts tend to focus on whether the method is reliable for the purpose and shows the signer's intention.

The main exception to that neutrality is the federal "secure electronic signature", which applies only to particular federal requirements. Quebec's law also gives weight to how well a process protects the integrity of a document over its life cycle.

Documents that often still need wet ink, a notary or a certified signature#

Exclusions vary by province, so check the statute where you are. Common examples include:

• Wills, codicils and trusts created by wills. British Columbia, for example, now allows electronic wills under specific conditions, but most provinces still expect paper.
• Powers of attorney, especially those dealing with property or personal care.
• Negotiable instruments and documents of title.
• Documents that create or transfer interests in land, which usually go through the province's own land registration system.
• Affidavits, statutory declarations and other documents that must be sworn, witnessed or notarised. In Quebec, acts that must be made before a notary follow the notarial rules.

Collecting good evidence with simple e-signatures#

Canadian evidence laws pay close attention to the integrity of electronic records and the systems that produce them. If a signature is ever questioned, you'll want to show who signed, that they meant to, and that the document hasn't changed. With Signkoi, every completed document includes:

• A deliberate signing step. Each signer draws, types or uploads a signature and agrees to sign electronically.
• A sealed PDF. A tamper-evident seal and a trusted timestamp make later changes detectable.
• An audit trail. Sending, opening and signing events are logged with times, IP addresses and browser details, and summarised in a certificate of completion.
• Optional identity checks. Ask signers to enter an access code you share separately, or a one-time code sent to their email.
• Independent verification. Anyone holding the PDF can check it at signkoi.com/verify.

Signkoi provides simple electronic signatures backed by this evidence. It doesn't provide the certificate-based "secure electronic signature" used for certain federal requirements, and it doesn't replace a notary.

How to send a document for signature in Canada with Signkoi#

1. Upload your PDF, or start from a template.
2. Add your signers and set a signing order if needed.
3. Place signature and other fields for each signer.
4. Set reminders, an expiry date and, for important documents, an access code or email one-time code.
5. Send. Recipients sign in their browser with no account, and Signkoi's interface is available in both English and French, among 12 languages.
6. Download the sealed PDF and certificate of completion and keep them with your records.

Frequently asked questions#

Are electronic signatures valid in Quebec?#

Generally, yes. Quebec's IT framework law and the Civil Code of Québec recognise electronic documents and signatures, provided the integrity of the document is assured and the signature links the person to it. Documents that must be made before a notary are a separate matter.

Can employment contracts and offer letters be signed electronically?#

In most cases, yes. Offer letters and employment agreements are commonly signed electronically across Canada. Keep a complete signed copy and the audit trail in the employee's file.

Which law applies, federal or provincial?#

It depends on the matter. Private contracts are mostly governed by provincial law, while PIPEDA Part 2 deals with documents required under federal laws. If you're unsure, a lawyer in the relevant province can tell you.

Not legal advice#

This guide is general information, not legal advice. Rules differ between provinces and territories and change over time, and using Signkoi doesn't guarantee that a particular signature will be valid or enforceable in your situation. For important or regulated documents, talk to a qualified lawyer or, in Quebec, a lawyer or notary.