Can You E-Sign It? Which BC Legal Documents Accept Electronic Signatures

Are electronic signatures legal in BC? For most contracts and everyday records, yes: BC's Electronic Transactions Act says an electronic signature satisfies a legal requirement for a signature. The catch is that the Act does not apply to some of the most important personal documents, including wills, many powers of attorney and land transfers.

That does not put those documents beyond the reach of technology. Each one follows its own statute instead. This guide sets out which documents you can e-sign, which have their own signing rules, and when it makes sense to sign with a lawyer or notary watching, in person or by video.

The general rule: an electronic signature counts

Section 11 of the Electronic Transactions Act says that if the law requires a person's signature, an electronic signature satisfies that requirement. Section 3 adds that a record the Act applies to cannot be denied legal effect only because it is electronic. Words such as "in writing" or "signature" in another law do not, on their own, rule out electronic form (section 2(2)).

There are two qualifications. No one has to provide or accept a document electronically without their consent, although consent can be inferred from conduct (section 4). And a law that expressly regulates electronic records, or requires a document to be delivered or displayed in a particular way, still applies (section 2(1)).

What the Electronic Transactions Act does not cover

Section 2(4) lists what the Act does not apply to:

• wills;
• trusts created by wills;
• powers of attorney, to the extent they concern an individual's financial affairs or personal care;
• documents that create or transfer interests in land and need to be registered to be effective against third parties; and
• anything else excluded by regulation.

Section 2(5) also keeps negotiable instruments, such as cheques, and documents of title outside the Act's main rules. Being outside the Act does not always mean a document has to be signed on paper. It means a different law decides how it is signed.

Document by document: how each is signed in BC

Contracts and business documents

These can generally be signed electronically if the parties agree to deal electronically, unless a specific law for that type of document says otherwise.

Wills

Wills can be electronic, but under the Wills, Estates and Succession Act rather than the Electronic Transactions Act. An electronic will meets the requirement that a will be in writing and is a will for all purposes (section 37(3) and (4)), and an electronic signature counts (section 35.3). The will-maker still needs two witnesses present at the same time, but the witnesses can be electronically present by video, and the will can be signed in complete and identical counterparts (section 35.2). See our guides to electronic wills and remote witnessing and the formalities for a valid BC will. Executors can read about handling probate without coming in.

Enduring powers of attorney

The Electronic Transactions Act does not apply to powers of attorney that concern an individual's financial affairs or personal care, so the general e-signature rule does not reach an enduring power of attorney. The Power of Attorney Act sets the signing and witnessing rules instead. Since 1 January 2023, an "alternative process" has allowed the witness to attend by video, provided the witness is a lawyer or a member in good standing of the Society of Notaries Public of BC. The document can be signed in identical counterparts and must state that it was signed under the alternative process (Power of Attorney Act section 17.1; Power of Attorney Regulation section 2.1). Read more in witnessing an enduring power of attorney, including by video.

Land transfers and mortgages

The Electronic Transactions Act does not apply to documents that create or transfer interests in land and need registration. Land title law has its own system. The Land Title and Survey Authority requires land title documents to be filed electronically unless an exemption applies, and its web filing forms are signed by a lawyer, notary or other authorized subscriber using a digital certificate issued by Juricert. The owner's own signature must still be witnessed by an officer, meaning a person who can take affidavits under the Evidence Act, who certifies that the owner appeared before them (Land Title Act sections 41 to 43). See whether you need a lawyer or notary to buy a home.

Affidavits and statutory declarations

An electronic signature does not replace swearing or affirming before a commissioner. What has changed is that BC Supreme Court affidavits can now be sworn before a commissioner by video (Supreme Court Civil Rules Rule 22-2(6.1) and Supreme Court Family Rules Rule 10-4(6.1)). The Law Society of BC's Code of Professional Conduct describes both routes: where an electronic signature is permitted, the deponent signs electronically and sends the file; where it is not, the deponent signs a paper copy in ink, scans it and sends it. See who can commission an affidavit in BC, how to swear an affidavit for a BC court and notarizing or commissioning by video.

Documents for use outside Canada

Whether a foreign authority accepts an electronically signed document is up to that authority. For BC documents that need an apostille, see getting a BC apostille by mail.

Why the signing method matters

A will that does not meet the formal requirements is generally invalid unless a court orders it to be effective, which requires a court application (Wills, Estates and Succession Act section 37(2)). An enduring power of attorney or land transfer that was not signed and witnessed as its statute requires may be refused when someone tries to rely on it. If you are unsure, check how the document has to be signed before anyone signs it.

Not sure how your document has to be signed? Ask before anyone signs

Our notary services team can tell you how your document must be signed and witnessed, and arrange a video signing where the law allows it or an appointment at our office where it does not.

Call 604-259-2844 or send us a message to arrange a consultation by video or at our Vancouver office.