eSignature legality summary
A statutory requirement that a document be signed is generally satisfied by an electronic signature that meets the applicable rules, with narrow exceptions where a traditional wet-ink signature is required. PIPEDA provides that a signature required by federal law can be met electronically (s. 43), and the provinces and territories take a comparable approach. Documents not subject to a specific legislative signing mandate can generally be signed electronically.
Types of permitted electronic signature
PIPEDA defines an electronic signature as one or more letters, characters, numbers, or symbols in digital form incorporated in, attached to, or associated with an electronic document. PIPEDA also recognizes — and in certain prescribed circumstances requires — a “secure electronic signature” produced by a technology or process set out in regulation.
Documents that may be signed electronically
Commonly signed electronically: HR and employment paperwork, NDAs, commercial agreements (purchase orders, procurement, software licenses, sales, distribution, and service agreements), many corporate documents (directors’ and shareholders’ resolutions, share subscriptions and agreements, and government information filings — with narrow exceptions such as BC share certificates), consumer agreements, and many government certificates, licenses, and notices unless specifically exempted. Note: under the federal Copyright Act, a copyright assignment must be in writing and signed by the owner.
Use with caution / not typically appropriate
Provincial and territorial statutes each exclude certain documents from electronic signing, so confirm the rules in the relevant province. Where PIPEDA prescribes it, a “secure electronic signature” (a defined technology/process) must be used.
- Wills and codicils
- Trusts created by wills or codicils
- Powers of attorney for an individual’s financial affairs or personal care
- Records that create or transfer interests in land (including mines and minerals)
- Negotiable instruments and documents of title (unless relating to the carriage of goods)
- Certain insurance consents in Quebec (e.g., reducing an insurer’s liability)
Seminal court cases
None reported.
Primary sources
Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.
Last reviewed: June 15, 2026