Canadian law does not recognize advanced or qualified electronic signatures, which are often classified as higher levels of security in other countries. Canada has only a standard electronic signature (SES), which is defined by the UECA as “electronic information that a person creates or agrees to sign a document and that is in, attached to or linked to the document.” In this article, we discuss what makes electronic signatures legally binding in Canada, whether they are valid in all U.S. provinces and states, and whether other types of electronic signatures are accepted worldwide. We will cover what exactly an electronic signature is. Many people think it`s the digital image of the “ornate line” as your wet signature, but it`s not. We explain the differences between electronic signature, digital signature and standards-based signature and more. Electronic business and commerce legislation has been passed in all provinces and territories in Canada. The legislation of every province and territory (except Quebec) is largely guided by Canada`s Uniform Electronic Commerce Act (“UECA”), which is a model law rather than a binding law. For example, Ontario passed the Electronic Commerce Act (2000) (the “Ontario Act”), British Columbia passed the Electronic Commerce Act (2000) (the “British Columbia Act”) and Alberta passed the Electronic Transactions Act,2001 (the “Alberta Act”). An electronic signature is defined in Ontario`s Electronic Commerce Act (CEA) as “electronic information that a person creates or agrees to sign a document and that is in, attached to or linked to the document.” Unless otherwise provided by a particular law or agreement, an electronic signature can generally meet any legal requirement relating to a signature. The Court does not specify a specific reliability test for such a signature. As explained in subsection 2.1, an electronic signature is any electronic representation in which: A variety of methods can be used to capture signatures electronically, such as: As mentioned above, the assignment of persons to a signed electronic record is one of the basic requirements for an electronic signature, and therefore the degree of security of the authentication process and the electronic signature is narrow. interconnected.
The current GC guidelines on user authentication include the following: In order to assign the rights and obligations of a technology-based document to a person in Quebec, the integrity of the document must be ensured and a link must be established between the person and the technology-based document. The ability to demonstrate the preservation of the integrity of the document (e.g. through the document`s metadata) and the preservation of the link between the signature and the document are essential to ensure the validity of an electronic signature. There is no specific and legally prescribed means or process by which such a link must be established. Due to COVID-19 restrictions, the Electronic Document Analysis and Retrieval System (SEDAR) currently accepts copies of Form 6 exclusively by email and will follow up to collect printed copies once everyone is back in the office. Copies can be signed electronically, but not with a typed font. Alternatively, documents that must be filed with the Ontario Securities Commission, SEDAR and the Electronic Disclosure System for Insiders (ESIL) can generally be signed and filed electronically. The additional steps required to obtain a digital signature are not required for most transactions in North America and are therefore rarely used. An electronic signature, such as DocuSign eSignature, is usually all a customer needs to create a legally enforceable document, as each agreement includes a certificate of completion that provides tamper-proof of the entire signing process. A secure electronic signature is a type of digital signature based on asymmetric cryptography and based on public key infrastructure (PKI) to manage private signing keys and associated public verification certificates.
The requirements for secure electronic signatures are described in the Secure Electronic Signature Regulations, which are attached to PIPEDA and the Canadian Evidence Act. A secure electronic signature must be associated with a digital signature certificate from a verified certificate authority. Secure electronic signatures have a higher probative value than electronic signatures and are generally considered equivalent to a wet signature. When using secure electronic signatures, it is assumed that the data has been signed by the identified person or can be identified by the digital signature certificate in the absence of evidence to the contrary. It is also highly recommended to discuss the possibility of applying electronic signatures to all parties involved in the business transaction in order to avoid misunderstandings. While Part 2 of PIPEDA contains clauses of general application, many of the electronic equivalents described therein are based on an opt-in framework. Therefore, these provisions do not apply to departments and agencies unless they choose to add the federal law or the provision containing the signature (or any other applicable requirement) to Schedule 2 or Schedule 3 of PIPEDA. However, footnote 2 of PIPEDA reaffirmed the explicit requirements for the security of an electronic signature. In their view, an electronic signature should be as follows: In Canada, except in fairly limited circumstances, electronic signatures are permitted for most documents and records where an original wet ink signature would be accepted. In assessing whether an electronic signature can be used, it is important to consider both the applicable legal framework and common law considerations. The following are some general considerations about the use of electronic signatures, as well as specific information about the use of electronic signatures for certain types of documents and records. This document provides guidance on how to use electronic signatures to support the day-to-day operations of the GC.
The objective is to clarify the following: For non-cryptographic electronic signatures, all the information required to validate the signature should be available for as long as the record is to be kept. The electronic signature must be verifiable and confirmable over time. Electronic business and commerce legislation has been passed in all provinces and territories in Canada. Whether a signature is on paper or electronically, the fundamental purpose of the signature is the same. A signature links a person to a document (or transaction) and usually provides proof of that person`s intention to approve its content or be legally bound by it.
