--- title: "Electronic signatures in Canada · Attest" description: "Canadian e-signature law in plain language: provincial electronic commerce acts, Quebec's framework, federal secure signatures, excluded documents and proof." url: https://attest.datahubz.com/legal/electronic-signatures-canada updated: 2026-10-12 --- [Attest](https://attest.datahubz.com/)/[Legal](https://attest.datahubz.com/legal) # Electronic signatures in Canada Electronic signatures are generally valid for business contracts in Canada: each province has its own law, and Ontario's, British Columbia's and Alberta's say a document can't be denied effect only because it is electronic and that an electronic signature satisfies a legal requirement to sign, while Quebec accepts a signature made by any process that meets its Civil Code. Wills, many powers of attorney and negotiable instruments, and land documents in some provinces, are excluded or follow their own rules, and in a dispute the party relying on an electronic document must prove it is authentic, which Attest's passkey signatures and sealed copy are built to show. By DataHubz · Updated October 12, 2026 · 8 min read · General information, not legal advice ## No single national law Contract law in Canada is mainly provincial, so each province and territory has its own electronic commerce or electronic transactions act, most of them based on the Uniform Law Conference of Canada's 1999 model act. Quebec has its own framework under civil law, and federal law covers documents required by federal laws and evidence in federal matters. This page covers federal law, Ontario, British Columbia, Alberta and Quebec; the other provinces and territories have their own acts. ## What the provincial laws say | Province | Law | Electronic form | A legal requirement to sign | | ---------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------- | | Ontario | [Electronic Commerce Act, 2000](https://www.ontario.ca/laws/statute/00e17) | A document "is not invalid or unenforceable by reason only of being in electronic form" (s 4), and neither is a contract (s 19(3)) | "Is satisfied by an electronic signature" (s 11(1)) | | British Columbia | [Electronic Transactions Act](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/01010%5F01) | A record "must not be denied legal effect or enforceability solely by reason that it is in electronic form" (s 3) | "Is satisfied by an electronic signature" (s 11(1)) | | Alberta | [Electronic Transactions Act](https://kings-printer.alberta.ca/documents/Acts/E05P5.pdf) | The same rule as British Columbia (s 10) | "Is satisfied by an electronic signature" (s 16(1)) | | Quebec | [Act to establish a legal framework for information technology](https://www.legisquebec.gouv.qc.ca/en/document/cs/C-1.1) (C-1.1) and the [Civil Code](https://www.legisquebec.gouv.qc.ca/en/document/cs/CCQ-1991) | Any medium may be used unless the law requires a specific one (s 2), and a document's legal value is neither increased nor diminished by the medium (s 5) | A signature may be affixed "by means of any process" that meets article 2827 of the Civil Code (s 39) | Ontario defines an electronic signature as "electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document" (s 1(1)); British Columbia and Alberta use almost the same words. In Quebec, a signature is "the affixing by a person, to a writing, of his name or a mark distinctive to him which he regularly uses to signify his consent" (Civil Code, art 2827), and a signature on a technology-based document "may be set up against that person if the integrity of the document is ensured and the link between the signature and the document was established at the time of signing and has since been maintained" (C-1.1, s 39). **Consent.** None of these acts makes anyone use or accept electronic documents without their consent, but consent may be inferred from a person's conduct (British Columbia s 4), where there are reasonable grounds to believe it is genuine (Ontario s 3; Alberta s 8). ## Reliability rules and the federal secure electronic signature There are no mandatory signature tiers for ordinary private contracts. Two stricter rules apply in narrower cases: - **Prescribed documents.** For documents prescribed by regulation, the signature must be reliable for identifying the person, and its association with the document must be reliable (Ontario s 11(3); Alberta s 16(2); British Columbia ss 11(2) and 21(2)(d)). - **Federal secure electronic signature.** Part 2 of [PIPEDA](https://laws-lois.justice.gc.ca/eng/acts/P-8.6/FullText.html) provides electronic alternatives where federal laws contemplate paper (s 32). Its "secure electronic signature" is one made with a technology prescribed by regulation (s 31(1)), and the [Secure Electronic Signature Regulations](https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-30/FullText.html) prescribe a digital signature verified with a certificate from a certification authority recognized by the President of the Treasury Board. Data signed that way "is presumed, in the absence of evidence to the contrary, to have been signed by the person who is identified in, or can be identified through, the digital signature certificate" (s 5). It matters for some functions under the federal laws listed in PIPEDA's schedules, such as oaths, witnessed signatures and seals. In Quebec, certificates issued by an accredited certification service provider "are presumed to meet the requirements of this Act" (C-1.1, s 53). ## Documents excluded or with their own rules | Document | Ontario (s 31) | British Columbia (s 2) | Alberta (s 7) | | --------------------------------------------------------- | ------------------------------------------------------------------------ | --------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------- | | Wills, and trusts created by wills | Excluded | Excluded | Excluded | | Powers of attorney for financial affairs or personal care | Excluded | Excluded | Enduring powers of attorney and personal directives excluded | | Negotiable instruments and documents of title | Excluded (documents of title except contracts for the carriage of goods) | Parts 2 and 3 don't apply | Excluded (documents of title except s 31) | | Documents creating or transferring interests in land | Not on the list | Excluded where registration is needed to be effective against third parties | Excluded where registration is needed against third parties, including mines and minerals | | Other | Prescribed documents | Prescribed records | Guarantees under the Guarantees Acknowledgment Act; prescribed records | **Wills** follow their own laws. In Ontario, a will generally must be in writing and, unless wholly handwritten by the testator, signed before two witnesses, who since 2021 may attend by audio-visual communication technology if at least one is a licensee of the Law Society ([Succession Law Reform Act](https://www.ontario.ca/laws/statute/90s26), ss 3, 4 and 6). British Columbia has allowed electronic wills since December 1, 2021, under its [Wills, Estates and Succession Act](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013%5F01). Quebec allows only notarial, holograph and witnessed wills (Civil Code, art 712), and a holograph will must be written and signed "without the use of technical means" (art 726). ## Proving an electronic signature - **Authenticity.** Under the [Canada Evidence Act](https://laws-lois.justice.gc.ca/eng/acts/C-5/FullText.html), "Any person seeking to admit an electronic document as evidence has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic document is that which it is purported to be" (s 31.1). Ontario's Evidence Act says the same (s 34.1(4)). - **Integrity.** The best evidence rule is met by proof of the integrity of the electronic documents system (Canada Evidence Act, s 31.2). In Ontario, integrity may be proved "by evidence that reliable encryption techniques were used to support the integrity of the electronic record" ([Evidence Act, s 34.1(5.1)](https://www.ontario.ca/laws/statute/90e23)). In Quebec, nobody has to prove that the technology ensures integrity unless the person contesting the document shows, on a preponderance of evidence, that its integrity was affected (C-1.1, s 7). - **Attribution.** No provincial act reviewed gives a simple electronic signature a presumption of who made it: it is proved by ordinary evidence. - **Retention.** An electronic document meets a retention requirement if it is kept in its original format, or one that accurately represents it, and stays accessible for later reference (for example, Ontario s 12). ## How to make an electronic signature hold up 1. **Check the document against the exclusions** in the province whose law applies. 2. **Have each signer sign through their own channel**, with a deliberate signing step. 3. **Use a method that makes changes detectable**, since the evidence rules test integrity. 4. **Keep the signed record** where every party can produce it later. ## Where Attest fits Attest signatures are electronic signatures in the sense of the Ontario, British Columbia and Alberta acts: information the signer creates or adopts in order to sign, associated with the document. They are not federal secure electronic signatures, which require a certificate from a recognized certification authority. For ordinary contracts such as client contracts, statements of work, NDAs, offer letters and vendor agreements, each signature carries the evidence Canadian rules ask for: | What the law looks at | What Attest records | | ---------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | **Authenticity** (Canada Evidence Act, s 31.1) | Each signature is made with a passkey registered to the signer's email address. A passkey is a cryptographic key only the signer controls, unlocked with Face ID, Touch ID, Windows Hello or the device PIN, and it must confirm the signer is present and verified. Attest checks each signature against the passkey's public key before recording it. Attest confirms control of the email address and the passkey, not a government ID | | **Intent to sign** (Ontario s 1(1)) | The signer reviews the document, and their passkey signs a statement that begins "I have reviewed and I sign", naming the document by its fingerprint | | **Integrity, and the link between signature and document** (Ontario Evidence Act s 34.1(5.1); Quebec C-1.1 s 39) | The statement includes the SHA-256 fingerprint of the exact document and of the signer's entries, and the signed state is anchored on the Horizen public blockchain. Change one byte and verification fails | | **Retention** (Ontario s 12) | Every party downloads the same sealed PDF: the signed pages, with a "Signed with Attest" stamp on each signature and a seal line at the foot of every page, a certificate of completion, the audit trail up to completion and a "Verify it yourself, without us" page, with the full evidence, the original document and a standalone verifier attached inside | A **fingerprint** (SHA-256 hash) is a short code calculated from a file's contents that changes if a single byte changes. The open-source verifier inside the copy runs in any browser without any Attest service and checks each signer's passkey signature, the original document, the pages you see and Attest's anchored record on Horizen. As with any evidence, the court decides how much weight it carries. **Biometrics.** Ontario's act doesn't apply to biometric information used as an electronic signature unless another act expressly provides for it or all parties expressly consent (s 29), and Alberta's doesn't unless another act expressly provides for it (s 5). With Attest, Face ID or a fingerprint only unlocks the passkey, which makes the signature, and Attest never receives biometric data. Whether that is biometric information used as a signature under these sections hasn't been tested in court. A signer who unlocks the passkey with the device PIN uses no biometric, and in Ontario all parties can expressly consent. For a will, a power of attorney, a negotiable instrument, a land document your province excludes, or a federal requirement for a secure electronic signature, use the form that law requires. Every document is end-to-end encrypted, so Attest can't read it. Signers need no account and never pay, and anyone can verify a signed copy for free at [attest.datahubz.com/verify](https://attest.datahubz.com/verify). Your first 2 documents are free, in total, then the Signing plan is $5 a month for 20 documents. ## Questions people ask Are electronic signatures legal in Canada? Yes, for most business contracts. Ontario, British Columbia and Alberta say a document isn't invalid or unenforceable only because it is electronic and that an electronic signature satisfies a legal requirement to sign, and Quebec accepts a signature by any process that meets its Civil Code. Wills, many powers of attorney, negotiable instruments and, in some provinces, land documents are excluded. Does the other party have to agree to sign electronically? Nobody can be made to use or accept electronic documents without their consent, but the Ontario, British Columbia and Alberta acts let consent be inferred from a person's conduct. To remove any doubt, the agreement itself can say the parties agree to sign it electronically. Can a will or a power of attorney be signed electronically in Canada? Generally not under the electronic commerce acts: all three exclude wills, Ontario and British Columbia exclude powers of attorney for financial affairs or personal care, and Alberta excludes enduring powers of attorney and personal directives. British Columbia is the exception for wills, which its Wills, Estates and Succession Act has allowed in electronic form since December 1, 2021. What is a secure electronic signature in Canada? It is a federal category under PIPEDA: a digital signature verified with a certificate from a certification authority recognized by the President of the Treasury Board. Data signed that way is presumed signed by the person identified through the certificate. It matters for certain requirements of the federal laws listed in PIPEDA's schedules, not for ordinary private contracts. ## Sources 1. [Electronic Commerce Act, 2000, S.O. 2000, c. 17 (Ontario)](https://www.ontario.ca/laws/statute/00e17), Government of Ontario (e-Laws), read October 12, 2026 2. [Evidence Act, R.S.O. 1990, c. E.23, section 34.1 (Ontario)](https://www.ontario.ca/laws/statute/90e23), Government of Ontario (e-Laws), read October 12, 2026 3. [Succession Law Reform Act, R.S.O. 1990, c. S.26 (Ontario)](https://www.ontario.ca/laws/statute/90s26), Government of Ontario (e-Laws), read October 11, 2026 4. [Electronic Transactions Act, S.B.C. 2001, c. 10 (British Columbia)](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/01010%5F01), BC Laws, King's Printer, read October 12, 2026 5. [Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (British Columbia)](https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013%5F01), BC Laws, King's Printer, read October 11, 2026 6. [Electronic Transactions Act, S.A. 2001, c. E-5.5 (Alberta)](https://kings-printer.alberta.ca/documents/Acts/E05P5.pdf), Alberta King's Printer, read October 12, 2026 7. [Act to establish a legal framework for information technology, CQLR c. C-1.1 (Quebec)](https://www.legisquebec.gouv.qc.ca/en/document/cs/C-1.1), LégisQuébec, read October 12, 2026 8. [Civil Code of Québec, CQLR c. CCQ-1991](https://www.legisquebec.gouv.qc.ca/en/document/cs/CCQ-1991), LégisQuébec, read October 12, 2026 9. [Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, Part 2](https://laws-lois.justice.gc.ca/eng/acts/P-8.6/FullText.html), Justice Laws Website, Government of Canada, read October 12, 2026 10. [Secure Electronic Signature Regulations, SOR/2005-30](https://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-30/FullText.html), Justice Laws Website, Government of Canada, read October 12, 2026 11. [Canada Evidence Act, R.S.C. 1985, c. C-5, sections 31.1 to 31.8](https://laws-lois.justice.gc.ca/eng/acts/C-5/FullText.html), Justice Laws Website, Government of Canada, read October 12, 2026 12. [Uniform Electronic Commerce Act, annotated (1999), archived copy](https://web.archive.org/web/20201022070753/https://www.ulcc.ca/en/1999-winnipeg-mb/359-civil-section-documents/1138-1999-electronic-commerce-act-annotated), Uniform Law Conference of Canada, read October 11, 2026 ## Read next - [Are electronic signatures legally binding?](https://attest.datahubz.com/legal/are-electronic-signatures-legally-binding) Yes, for most agreements: ESIGN, UETA, eIDAS and similar laws say a signature can't be refused just for being electronic. The laws, exceptions and evidence. - [Is a typed name a legal signature?](https://attest.datahubz.com/legal/is-a-typed-name-a-legal-signature) A typed name can be a legal signature under ESIGN, UETA, eIDAS and UK law when typed with intent to sign. Why proof is the weak point, and how a passkey helps. - [How to prove someone signed a document electronically](https://attest.datahubz.com/guides/prove-someone-signed-electronically) The evidence that proves an electronic signature: intent, identity, integrity and timing. How most services record it, and how Attest makes it checkable. - [Document signing](https://attest.datahubz.com/sign) Electronic signatures with a passkey: no account or password for signers, documents encrypted in the browser, and a signed copy anyone can verify. --- Source: https://attest.datahubz.com/legal/electronic-signatures-canada