Guides
Plain answers to e-signature questions.
Short answers about e-signatures in Canada: what the law says in each province and in Quebec, what it means for brokers, real estate and small businesses, where signed documents are stored, and how to choose or change providers. Each guide lists the sources it relies on.
Are electronic signatures legal in Canada?
Yes, in most cases. Each province and territory has an act on electronic documents, and most of them say that an electronic signature meets a legal requirement for a signature; the federal electronic documents act (PIPEDA) does the same for the federal laws it lists. Some documents are left out, such as wills and powers of attorney for a person’s finances or personal care, and the list differs by province.
E-signatures in Quebec: what the law asks
Quebec accepts electronic signatures. Its IT framework act lets a signature be affixed by any process that meets the Civil Code’s definition of a signature, and a technology-based document whose integrity is ensured has the same legal value as one on paper. Some acts must still be made before a notary, a business may send personal information outside Quebec only after a privacy impact assessment, and a contract of adhesion must first be given in French.
Where are my signed documents stored?
Signed documents are stored wherever your e-signature provider, or the cloud it uses, keeps them, and that is not always in Canada. Federal privacy law (PIPEDA) does not prohibit processing personal information abroad, but you stay responsible for it and must tell people; Quebec requires a business to do a privacy impact assessment before personal information leaves the province. Some public-sector rules, such as Nova Scotia’s, require storage in Canada, so ask any provider where documents, backups and audit logs are kept.
How to choose a Canadian e-signature provider
Compare providers on the facts that matter in Canada: where documents, backups and audit records are stored, who owns and operates the service, whether people can sign in English and French, what evidence you keep at the end, which identity checks are offered, and what it costs. Several providers, including DocuSign, offer hosting in Canada, so ask what applies to your plan or account. Get the answers in writing and check them against your own legal obligations.
PIPEDA and e-signatures
PIPEDA, the federal private-sector privacy law, has two parts that matter when you use e-signatures. Part 1 sets the privacy rules a business must follow when it uses an e-signature service: meaningful consent, safeguards, accountability for information a service provider processes for you, and openness about your practices. Part 2 lets electronic documents and electronic signatures meet paper requirements in federal laws, but only for the laws listed in its schedules, and some uses require a “secure electronic signature” based on digital certificates.
Law 25 for small businesses that use e-signature tools
Yes, Law 25 applies to small businesses in Quebec, and an e-signature tool touches most of its rules. By default, the person with the highest authority in your business is in charge of protecting personal information, and their title and contact information must be published. You must also record every confidentiality incident, report those that present a risk of serious injury, assess privacy risks before personal information leaves Quebec, publish a privacy policy when you collect information by technological means, and ask for consent in clear and simple terms.
Signing in French: what Quebec’s language law asks
Quebec’s Charter of the French Language, as amended by Bill 96, requires contracts of adhesion (standard-form contracts) and their related documents to be in French, and since June 1, 2023 the parties can be bound by a version in another language only if they expressly wish it after the adhering party has received the French version. Consumers also have the right to be informed and served in French, and invoices and receipts must be in French. In an e-signature flow, that means sending the French version first, offering French invitations and signing pages, and keeping a record of any express choice of another language.
E-signatures for insurance brokers in Canada
Yes, brokers can usually have clients sign applications and other insurance documents electronically. Provincial electronic commerce laws, such as Ontario’s Electronic Commerce Act, 2000 and British Columbia’s Electronic Transactions Act, let an electronic signature meet a legal requirement for a signature, and Quebec’s Autorité des marchés financiers (AMF) says its framework does not prohibit electronic signatures. Before you switch, get each client’s consent, make sure clients sign for themselves, confirm that each insurer accepts e-signatures, and check the documents and notices that have their own rules.
E-signatures for real estate deals in Canada
In most provinces, yes: an agreement of purchase and sale can be signed electronically, but each province sets its own conditions. Ontario’s Electronic Commerce Act has applied to agreements of purchase and sale since July 1, 2015, British Columbia’s regulator says electronic contracts of purchase and sale can be enforceable, regulators in Quebec and Saskatchewan have their own rules for e-signed real estate documents, and Manitoba’s real estate law has allowed electronic offers to purchase since 2022. Documents that must be registered to transfer an interest in land often follow separate rules, and where we could not verify a province’s position, check with your regulator.
Moving from DocuSign to Maple eSign
Export what you need from DocuSign first: completed documents with their Certificates of Completion, a list of your envelopes, and your templates. Maple eSign has no DocuSign importer, so you rebuild each template from its PDF: field detection proposes fields for five common types (signature, initials, date, text and checkbox), and other field types must be placed by hand. Keep your DocuSign exports in your own records for as long as your retention rules require, and close the old account only after you have checked them.