What the law says
The Act to establish a legal framework for information technology (CQLR, c. C-1.1) puts paper and electronic documents on equal footing. A document has the same legal value whatever its medium, as long as its integrity is ensured.
The Civil Code of Québec (article 2827) defines a signature as the affixing of a person's name or distinctive mark to show their consent. Section 39 of the IT Act confirms that a signature can link a person to a technology-based document, and that it can be relied on when the link between the signature and the document was established at the time of signing. Section 5 adds that a document whose integrity is ensured has the same legal value on paper or in electronic form.
At the federal level, Part 2 of PIPEDA covers electronic documents and signatures used with federal laws.
The three tests a valid e-signature passes
- Identity: you can show who signed. Personal links sent to one email address, plus optional email codes or access codes, do this.
- Intent: the person clearly agreed to sign. An explicit consent screen and an action like drawing or adopting a signature show it.
- Integrity: the document did not change after signing. A SHA-256 fingerprint and a digital seal prove it, and anyone can check it.
Documents that still need ink or a notary
Most business documents can be signed electronically: service agreements, quotes, purchase orders, NDAs, job offers, consent forms, engagement letters, many leases. Some acts have special form rules and still need a notary, witnesses or a handwritten signature, for example notarial deeds (like a hypothec on a house) and wills. When in doubt about a specific document, ask a lawyer or notary.
What Stellaire Sign records for you
Every signature in Stellaire Sign comes with a certificate of completion inside the PDF: the signer's name and email, how they were identified, the exact time in Montréal, IP address and device, the consent they gave, and the document's SHA-256 fingerprint at the moment they signed. The final PDF is sealed with a PKCS#7 digital signature, so any later change is detected.
Questions
Is a typed name enough?
It can be, if you can show who typed it and that the document was not changed. That is why the audit trail matters more than the look of the signature.
Does a signature drawn with a finger count?
Yes. A drawn signature is one way to show intent; the identification and the audit trail are what make it hold up.
Do I need a 'qualified' or certified signature?
Not for ordinary business contracts in Québec. Certified signatures are for specific situations set by a law or by the parties.