What is the Electronic Signature Law in Canada?
Introduction: Like the USA, Canada has both federal and provincial acts legislating the acceptability of E-signatures. Simply stated, the goal of these acts is to say it really is all right to do what is already being done. Two excellent government papers written on this topic in respect to Canada (written by the Federal Government’s Law and Government division) are:
Written in 2008:http://www.parl.gc.ca/Content/LOP/ResearchPublications/prb0012-e.htm#C-Provincial
Written in 2000: http://dsp-psd.pwgsc.gc.ca/Collection-R/LoPBdP/BP/prb0012-e.htm#CANADA(txt)
Federal: At the federal level, the Personal Information Protection and Electronic Documents Act is the governing document. A link to a copy of this act is http://laws-lois.justice.gc.ca/eng/acts/P-8.6/
A clause of note is:
- 2.31:“electronic signature” means a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document.
Provincial Law: In addition to this federal catch all, provinces have published statutes and bills are that are modeled on the Uniform Electronic Commerce Act. An in depth explanation of these acts is included in the 2008 overview doc. If you want to look at any of the specific act we have compiled a spreadsheet with links to the relevant acts here.
What is the Electronic Signature Law in the USA?
Background for the US Electronic Signature Law: The Uniform Electronic Transaction Act (state legislation) and the Federal Electronic Signatures in Global and National Act (known as E-Sign Act) are the two key electronic signature acts in the USA. These documents work in tandem, with the UETA taking precedent over the E-Sign Act on the state level, but with E-sign acting as a wider federal safety net. The purpose of both of these acts is to remove doubt concerning the burgeoning field of electronic contract/signatures. Simply stated, their goal is to say it really is all right to do what is already being done.
Federal: Concerning the federal E-Sign Act, it came into effect October 1st, 2000 and was created as a catch-all until individual States could ratify UETA. Currently, it maintains this catch-all role and is the central document in regulating electronic interstate contracts. Importantly, this act also sets out a clear neutral stance regarding the specific technology used: there is no preferred form (nor can any state choose one) for electronic signatures. A link to the Library of Congress site containing the full text and current status of the document is: http://thomas.loc.gov/cgi-bin/bdquery/z?d106:SN00761:|TOM:/bss/d106query.html
Clauses of note concerning electronic contracts/signatures are:
- 101.1: a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form
- 106.5: ELECTRONIC SIGNATURE.—The term ‘‘electronic signature’’ means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
State Law: Concerning the UETA, this act was created by the National Conference of Commissioners on Uniform State Laws (NCCUSL) and has now been adopted by forty seven states, the District of Columbia, Puerto Rico, and the Virgin Islands (the exceptions are: Illinois, New York and Washington). A link to the NCCUSL website which contains the full text and current status of the document is: http://nccusl.org/Act.aspx?title=Electronic%20Transactions%20Act
A link to a spreadsheet we compiled with further information concerning the passing of UETA in individual state legislature is: http://contractually.wpengine.com/wp-content/uploads/2011/07/US-E-Sig-Spreadsheet.xls.
Three clauses of note concerning electronic contracts and signatures are:
- Section 2: “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
- Section 7: An electronic record or signature “may not be denied legal effect or enforceability solely because it is in electronic form.”
- Section 8: If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt.
New York: In place of ratifying UETA, New York Sate passed the Electronic Signatures and Records Act (ESRA) taking effect March 27, 2000. The relevant website is:
http://www.cio.ny.gov/policy/esra/esra.htm
Clauses of note concerning electronic contracts and signatures are:
- §102.3: “Electronic signature” shall mean an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record.
- §105.3: An electronic record shall have the same force and effect as those records not produced by electronic means.
Illinois: In place of ratifying UETA, Illinois Sate passed the Electronic Commerce Security Act, taking effect July 1st, 1999.
Click here to visit the relevant state website >>>
Clauses are of note concerning electronic contracts and signatures are:
- Article 5:”Signed” or “signature” includes any symbol executed or adopted, or any security procedure employed or adopted, using electronic means or otherwise, by or on behalf of a person with intent to authenticate a record.
Washington: In place of ratifying UETA, Washington Sate passed the Washington Electronic Authentication Act, taking effect in 1997. The relevant state legislature website is:
http://apps.leg.wa.gov/RCW/default.aspx?cite=19.34
Another resource with commentary is the Washington Secretary of State page:
http://www.sos.wa.gov/ea/ea.aspx
Clauses are of note concerning electronic contracts and signatures are:
- §19.34.020: (14) “Electronic signature” means a signature in electronic form attached to or logically associated with an electronic record, including but not limited to a digital signature.