E-signature legality · Canada
Are electronic signatures legal in Canada?
Reviewed
In short
Yes, generally. Every province and territory has an electronic commerce or transactions act, mostly based on the Uniform Electronic Commerce Act, that says documents and signatures aren't invalid only because they are electronic, and PIPEDA Part 2 covers federal laws. Exclusions vary by province and typically include wills, powers of attorney and negotiable instruments; some federal requirements need a secure electronic signature.
The law
Laws that apply
- 2000Personal Information Protection and Electronic Documents Act (PIPEDA), Part 2 “Electronic Documents”
Applies to federal laws listed in its schedules; s. 43 lets an electronic signature meet a signature requirement, while seals, originals, oaths and witnessed signatures need a secure electronic signature.
Source: laws-lois.justice.gc.ca
- 2005Secure Electronic Signature Regulations, SOR/2005-30
Defines the secure electronic signature for federal purposes: a digital signature backed by a certificate from a recognized certification authority.
Source: laws-lois.justice.gc.ca
- 2000Electronic Commerce Act, 2000 (Ontario), S.O. 2000, c. 17
s. 4 and s. 11: electronic documents and signatures are valid; s. 31 excludes wills and codicils, testamentary trusts, powers of attorney for property or personal care, negotiable instruments and prescribed documents. The land-transfer exclusion was repealed in 2015.
Source: ontario.ca
- 2001Electronic Transactions Act (British Columbia), S.B.C. 2001, c. 10
s. 3: records not denied legal effect solely because electronic; s. 2(4) excludes wills, testamentary trusts, powers of attorney and land documents that need registration to be effective against third parties.
Source: bclaws.gov.bc.ca
- 2009Wills, Estates and Succession Act (British Columbia), Part 4
Amendments in force since December 2021 allow electronic wills and witnessing by electronic presence in British Columbia, under the Act's own rules.
Source: bclaws.gov.bc.ca
- 2001Act to establish a legal framework for information technology (Québec), CQLR c C-1.1
Québec's technology-neutral framework for documents and signatures, applied alongside the Civil Code of Québec.
Source: legisquebec.gouv.qc.ca
Generally fine to sign electronically
- Commercial contracts, NDAs and purchase orders
- Employment contracts and HR documents
- Residential and commercial leases
- Agreements of purchase and sale of real estate in provinces that don't exclude them, with registration handled through the land registry's own electronic system
- Consumer agreements and terms of service
Exceptions and extra formalities
- Wills and codicils, and trusts created by wills, in most provinces; British Columbia permits electronic wills under its Wills, Estates and Succession Act
- Powers of attorney for property or personal care in provinces such as Ontario and British Columbia
- Negotiable instruments, such as bills of exchange and promissory notes
- In British Columbia, land documents that must be registered to be effective against third parties
- Federal requirements for seals, oaths, originals or witnessed signatures, which need a secure electronic signature
- Documents that require a notary or commissioner for taking affidavits
In practice
Things to know
Every PDFBetter signer signs with their own cryptographic key: their browser generates an ECDSA P-256 key that never leaves the device and signs a statement binding the document's SHA-256 fingerprint to exactly what they entered, and PDFBetter's certificate authority certifies that key. Every completed PDF and its certificate of completion are digitally sealed with a PAdES signature and, when the service is reachable, independently time-stamped under RFC 3161, so any change shows in PDF readers. The evidence is built into the file: signed statements, device signatures, certificates, entered values and a hash-chained audit log of every view, consent, signature and decline with time and IP address. Signers consent to sign electronically first, the sender can require an emailed 6-digit code, and completed evidence is kept for 7 years. Signature requests are designed to the technical requirements of an advanced electronic signature (eIDAS art. 26): a unique key per signer, under their sole control, linked to the document so any change is detectable. Signers are identified by email (and an optional emailed code), not by ID documents or SMS.
Because exclusions differ by province, check the act for the province whose law governs the document. Ontario, for example, allows remote witnessing of wills and powers of attorney by audio-visual link with a lawyer or paralegal involved, but still doesn't allow electronic wills.
PDFBetter does not create qualified electronic signatures (QES) and does not offer SMS codes, phone authentication, knowledge-based questions or government ID checks. Its seal certificate comes from PDFBetter's own certificate authority, not a government-accredited one, and is not yet on Adobe's trust list, so Acrobat shows the seal's identity as not verified while still detecting changes. Where a law requires a qualified or accredited signature, verified identity, a notary, wet ink or a witness, use a process that provides it.
This page summarizes what the law generally says, with links to the official texts. PDFBetter is not a law firm; for an important or unusual document, check with a lawyer qualified where the document will be relied on.
What PDFBetter gives you as evidence
Every signer signs with their own cryptographic key, bound to the document’s SHA-256 fingerprint, after recorded consent and an optional emailed code. The completed PDF and certificate of completion are digitally sealed and independently time-stamped, with the hash-chained audit trail built into the file. Designed to the technical requirements of an advanced electronic signature (eIDAS art. 26); signers are identified by email (and an optional emailed code), not by ID documents or SMS. Not a qualified signature (QES).
E-signatures in Canada: questions people ask
Are e-signatures legally binding in Canada?
In most cases, yes. Provincial and territorial electronic commerce acts, and PIPEDA Part 2 for federal laws, say documents and signatures aren't invalid only because they are electronic.
Can I sign a will electronically in Canada?
Generally no. British Columbia is an exception: since December 2021 its Wills, Estates and Succession Act allows electronic wills under specific rules. Ontario allows remote witnessing but not electronic wills.
What is a secure electronic signature?
A federal concept under PIPEDA and SOR/2005-30: a digital signature based on a certificate from a recognized certification authority. It is needed for certain federal requirements such as seals, oaths and witnessed signatures.
Can I sign a real estate agreement electronically in Ontario?
Ontario repealed its land-transfer exclusion in 2015, so agreements of purchase and sale are commonly signed electronically. Registration of the transfer is done by lawyers through Ontario's electronic land registration system.
Does PDFBetter meet PIPEDA's secure electronic signature requirements?
No. Secure electronic signatures under the regulations rely on a certificate from a recognized certification authority. Each PDFBetter signer signs with their own cryptographic key, and every completed PDF is digitally sealed and independently time-stamped, with the evidence built into the file. The signer keys are certified by PDFBetter's own certificate authority, not a recognized one, so they are not secure electronic signatures.