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Canada is popular for its flexible and technology-friendly approach concerning contracts and their execution. The Personal Information Protection and Electronic Documents Act (PIPEDA) of 2004 was implemented on a federal level. Under PIPEDA, all types of eSignature are recognised as equivalent to a physical one and are also valid in court. All companies operating in the Canadian market are free to use both electronic and paper documents, as the law does not distinguish between their validity. On the provincial level, nine provinces have adopted the the Uniform Electronic Commerce Act (UECA) of 1999. The essentials of a valid eSignature under UECA and PIPEDA are quite similar.
For an eSignature to be considered valid under Canadian Laws, it must meet the following requirements:
Use cases of electronic signatures in Canada:
The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This “new normal” has concentrated more attention on electronic means of transactions. The “new normal” in the age of Covid-19 proceeds to facilitate the use of eSignatures.
Documents that cannot be e-signed in Canada:
Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly and Certinal makes every reasonable effort to keep the content of this article current, hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance; you must seek independent legal advice.