The Ontario government is consulting on whether to make a regulation under the Electronic Commerce Act to govern electronic signatures to be used on agreements of purchase and sale of real estate.
1. For the purpose of subsection 11(4) of the Act, the following class of documents is prescribed: agreements of purchase and sale of land in Ontario.
2. A legal requirement that a document of the prescribed class be signed is satisfied by an electronic signature only if the method of signature used:
a. Is reliable for the purpose of identifying the person who signs;
b. Ensures that the electronic signature is permanent and cannot be removed from the signed document; and
c. Is accessible so as to be usable for subsequent reference by any person who is entitled to have access to the document or who is authorized to require its production.
Here is the Regulatory Registry posting, with a link to the full consultation document.:
Here is the news release
Should Ontario make a regulation to govern e-signatures in agreements of purchase and sale, and if so, is the proposed draft a good one to make? Read the full consultation document before responding…