Yes, you can present an electronically signed digital document as evidence to the court, as well as a paper document. The electronic signature shall, where applicable, meet the requirements of the public sector body as regards the type of signature and the reliability of the signature. In response to the COVID-19 pandemic, Ontario passed Bill 190, Modernizing Ontario in Response to COVID-19 Measures and Reforms Act, 2020, S.O. 2020, c. 7, which enacts new legislation, the Alternative Business Filing Methods Act, 2020, SO 2020, c 7, sch 1 (AFMA). AFMA provides companies and corporations with greater flexibility under certain trade laws by allowing alternative methods of submitting documents, the use of electronic signatures, and the filing of electronic copies in lieu of originals. Ontario`s bylaws, which have been permanently amended by AFMA, are as follows: In Ontario and Alberta, a legal requirement for a signature that must be provided to a public body is met by an electronic signature if: Whether a signature is paper or electronic, the fundamental purpose of the signature is the same. A signature associates a person with a document (or transaction) and usually provides evidence of that person`s intention to approve its contents or to be legally bound by it. The main function of a signature is to provide proof of the signatory: the UECA specifies that the authorities responsible for the legal obligation to sign may issue regulations if the situation considers that the situation implies a certain reliability of identification or association with the document to be signed.

Similarly, signatures submitted to the government (provincial and territorial) must comply with information technology requirements and any regulations regarding their method of production or reliability. See the Uniform Electronic Commerce Act analysis by the Uniform Law Conference of Canada. DISCLAIMER: The information on this website is provided for informational purposes only and does not constitute legal advice. The laws governing the subject matter may change rapidly, so DocuSign cannot guarantee that all information on this website is current or accurate. If you have specific legal questions about the information on this site, you should consult a licensed attorney in your area. Alberta Act: An electronic signature is “electronic information that a person creates or agrees to sign a document and that is in, attached to, or associated with the document.” It is also highly recommended to discuss the possibility of applying electronic signatures to all parties involved in the business transaction to avoid misunderstandings. Use cases that typically require a traditional signature Non-Canadian sources of interest dealing with terms and concepts related to electronic signatures include: The GC can achieve these goals in part by replacing paper-based processes with more modern, faster and easier to use electronic practices. However, PIPEDA reiterated explicit requirements for the security of an electronic signature. According to them, an electronic signature should be: Learn how to use Ontario`s e-signature service to digitally sign documents and applications. Although the UNCITRAL Model Law on Electronic Signatures (PDF, 249 KB) does not contain an explicit definition, it also uses the term “digital signature”, which is consistent with the definition in Part 2 of PIPEDA. Figure 1 shows the steps to determine whether an electronic signature is required and, if so, what type of electronic signature is required. While Figure 1 highlights the importance of obtaining legal advice throughout the process, it should be noted that the various steps described in Figure 1 may need to be done in collaboration with other key staff, as outlined in Appendix D.

In addition, this document provides guidance on how to assess the levels of security (see subsection 2.3) that can be used: In Canada, all federal and provincial governments have enacted electronic commerce laws that recognize the legal effect of most types of authenticated electronic signatures. This is where the concept of long-term validation (LTV) comes into importance. As circumstances change over time, it is important to cryptographically link certain information to the originally signed electronic document or record. This information includes: Essentially, the level of security required for an electronic signature determines the level of security required for user authentication, which in turn determines the level of security required for identity assurance and credential security. The guides listed above should be used to establish specific requirements at each level of assurance based on the following recommendations: This guide is intended for GC departmentsFootnote 1 that are exploring the use of electronic signatures to support their day-to-day operations. In September 2017, TBS provided guidance on electronic signature by email to all departmental security officers. These guidelines continue to apply and should be considered an integral part of this document. This document complements and expands on these guidelines. The guidelines published in September 2017 are set out in Appendix D for clarity. This guide is intended for GC departments and agencies considering the use of electronic signatures to support their day-to-day operations.

It is a “living” document that will evolve over time based on lessons learned, changes in related legal requirements, or future technological advances in the field of electronic signatures. It should be noted that nothing in this document is intended to replace or replace any existing legislation or directive. Such discrepancies should be brought to the attention of the Office of the Chief Information Officer of the Treasury Board of Canada Secretariat in zztbscybers@tbs-sct.gc.ca.