witness signature rules canada

the need for a signature has been established for some other non-legislative reason, in either case, the type of e-signature may be unspecified or unclear, in the absence of specified legal or policy requirements, when requirements for implementing an e-signature are not specified or are unclear, Step 1: identify the business requirement, Step 2: informed by legal counsel, determine if a requirement for a signature is identified in existing legislation or policy and if so proceed to Step 3; if not proceed to Step 4. Any such discrepancies should be brought to the attention of the Treasury Board of Canada Secretariat’s Office of the Chief Information Officer at zztbscybers@tbs-sct.gc.ca. Step 4: informed by legal counsel and this guidance document, determine if there is an implicit requirement or other legitimate business reason for a signature and if so proceed to step 5; if not then there is no requirement to implement an electronic signature for the identified business requirement, Step 5: determine the type of electronic signature required informed by legal counsel, assurance level assessment and this guidance document and proceed to Step 6, Step 6: implement the identified electronic signature solution followed by reassessment over time, impersonation (the signer is not who they claim to be), repudiation (the signer attempts to deny that they originated an e-signature), loss of data integrity (the electronic data has been altered since it was signed), exceeding authority (the signer is not authorized to sign the associated electronic data), be determined as a result of an assurance level assessment and other tools, the reason or context for the e-signature is clear (the signature is for approval, agreement, consent, authorization, confirmation, acknowledgment, witness, notarization, certification or other purpose), it is clear that the individual(s) understand that they are signing the electronic data (indication of intent to sign), the level of authentication is commensurate with the associated assurance level, the individual(s) have the authority to sign the electronic data, the method used to establish the e-signature is commensurate with the associated assurance level. Witness Statement Form 12 02-0065 2017-03 Page 2 of 3 Part 5: List of Witness's intended evidence and relevant issues under Appeal Provide a statement in accordance with Rule 16.4, using numbered paragraphs. From a technical perspective, the terms “secure electronic signature,” “digital signature,” “AdES” and “QES” ar, there are specific requirements in the SES Regulations that apply to the term “secure electronic signature”, there are also more stringent implementation requirements associated with a QES, memorized secret tokens (a password associated with an account or user ID), pre-registered knowledge tokens (for example, pre-established answers to a set of challenge questions), look-up secret tokens (static grid or “bingo” cards), out-of-band tokens (a push notification to an out-of-band device such as a smart phone), single-factor one-time-password (OTP) devices (an Open Authentication (OATH) token), single-factor cryptographic device (a USB key with built-in cryptographic capabilities and secure key storage), multi-factor OTP devices, such as an OTP device that requires local user authentication before displaying the passcode, multi-factor hardware cryptographic devices, such as a smart card, leverage existing investments where feasible (departments should use what they already have where it makes sense), implement cost-effective, sensible solutions commensurate with the assessed assurance level. The guidance documents listed above should be used to determine specific requirements at each assurance level, based on the following recommendations: Additional information on authentication factors and token types associated with user authentication is provided in Appendix B. Appendix A: sources and definitions related to e-signatures, Appendix B: user authentication factors and token types, Appendix C: examples of business activities, Appendix D: guidance sent to DSOs via e-mail on, 2.2 Determining when an e-signature should be used, Personal Information Protection and Electronic Documents Act, Department of Employment and Social Development Act, Electronic Documents and Electronic Information Regulations, Payments and Settlements Requisitioning Regulations, Guideline on Defining Authentication Requirements, Section 3: Guidance on implementing e-signatures, 3.1 Considerations for user authentication, 3.2 Determining the method to be used to implement e-signatures, 3.5 Considerations for long-term validation, Standard on Identity and Credential Assurance, User Authentication Guidance for Information Technology Systems, Personal Information Protection and Electronic Documents Act, Secure Electronic Signature Regulations, Payments and Settlements Requisitioning Regulations, Electronic Signatures in Global and National Commerce Act, European Union (EU) Electronic Identification, Authentication and Trust Services (, United Nations Commission on International Trade Law (, UNCITRAL Model Law on Electronic Signatures, Personal Information Protection and Electronic Documents Act (PIPEDA), Government of Canada Strategic Plan for Information Management and Information Technology 2017-2021, Electronic Records as Documentary Evidence, Uniform Law Conference of Canada’s discussion of the, Authentication method, e-signature, signed data, time-stamp, Medium integrity; for cryptographic e-signature portions will be digitally signed, SES, signed electronic data, verification certificate and certification path and associated revocation information, secure time-stamp, “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”, “information in electronic form that a person has created or adopted in order to sign a document and that is in, attached to or associated with the document”, “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”, “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”, “data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign”, “data in electronic form in, affixed to or logically associated with, a data message, which may be used to identify the signatory in relation to the data message and to indicate the signatory’s approval of the information contained in the data message”, “a cryptographic transformation of data which provides the service of authentication, data integrity, and signer non-repudiation.”, “an electronic signature that is uniquely linked to the signatory, is capable of identifying the signatory, is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control, and is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.”, “an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures.”, streamline its internal and external business processes, improve how it delivers services to Canadians, rely on internationally recognized rules to create a more certain legal environment for electronic communications and electronic commerce, recognize that electronic communications should not be denied legal effect simply because they are in electronic form, agreement to be bound by the contents of the document, express consent, approval, agreement, acceptance or authorization of everyday business activities (for example, to approve a leave request or formally agree to the terms and conditions of a contract), emphasize the importance of a transaction or event, or to acknowledge that a transaction or event occurred, such as confirming that a contractor’s bid was received by a deadline, provide source authentication and data integrity, such as verification that a public health-related notice originated from Health Canada and has not been altered, certify the contents of a document (that is, a document complies with certain requirements, or a particular process was followed), affirm that information contained in a document is true or accurate, support third-party attestation, such as for an electronic notary function, support accountability, such as being able to trace individuals to their actions, what forms of e-signature are appropriate in the context of the business activity, a substitute for legal advice (business owners should always consult with their legal counsel), a framework to protect sensitive information from unauthorized disclosure (this document does not address confidentiality requirements), user authentication to an internal application to approve something, such as when a supervisor logs into an application to approve a leave request, using a stylus on a tablet touchscreen to write a signature by hand and capture it in electronic form, a typed name or signature block in an email, user authentication to access a website, coupled with a mouse click on some form of acknowledgment button to capture intent, a scanned hand-written signature on an electronic document, a sound such as a recorded voice command (for example, a verbal confirmation in response to a question), documents used as evidence or proof (see PIPEDA Part 2, section 36), original documents (see PIPEDA Part 2, section 42), statements made under oath (see PIPEDA Part 2, section 44), statements declaring truth (see PIPEDA Part 2, section 45), witnessed signatures (see PIPEDA Part 2, section 46), are a form of e-signature based on asymmetric cryptography, section 2 of the SES Regulations prescribes a specific asymmetric algorithm to support digital signatures, section 4 of the SES Regulations specifies that the issuing Certification Authority (CA) must be recognized by the Treasury Board of Canada Secretariat by verifying that the CA has “the capacity to issue digital signature certificates in a secure and reliable manner.”. Section 2 discussed the various forms of e-signatures. But must the signatory see the witness sign the document? If that is the case, ensure that … Another example is where a cloud service provider offers acceptable e-signature capabilities to support a GC application hosted in the cloud. Specific use cases where Part 2 of PIPEDA requires a secure e-signature are: Although Part 2 of PIPEDA set outs clauses for general application, many of the electronic equivalents it outlines are based on an “opt in” framework. Notaries in Ontario are empowered to witness signatures and we would be glad to assist you with your document. An exception to the opt in requirement is section 36 of PIPEDA. Clients often ask us whether a witness needs to sign an agreement? Note that other tools such as the ITSG 33: Security Categorization Guide may also be used to assist in the assessment process. Over the years, rather than choosing to opt in to PIPEDA, several departments and agencies have amended their own statutes to provide clarity regarding e-signatures and electronic documents more generally. Part 2 of PIPEDA defines an e-signature as “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.” Essentially, an e-signature can be virtually any form of electronic representation that can be linked or attached to an electronic document or transaction, including: There are also some cases where Part 2 of PIPEDA requires the use of a particular class of e-signatures, referred to as a “secure electronic signature.” A secure e-signature is a form of e-signature that is based on asymmetric cryptography. On the rare occasion when there is no local alternative we can witness a person’s signature on a document such as an oath, affidavit or statutory declaration. This document aims to clarify the interpretation and implementation practices for using e-signatures. For example, an Assurance Level 2 memorized secret token used in combination with an appropriate out-of-band token (such as a “push notification” to a GC-managed smart phone) is equivalent to an Assurance Level 3 token and therefore could be used in tandem to support e-signatures at Assurance Level 3. These steps include verifying that the public key certificate that corresponds to the private signing key: However, over time, some aspects of validation that were in place when the electronic record was signed may change. Documents from other jurisdictions may have special additional requirements and then there are documents we cannot witness. Such information includes: The procedure for LTV can be recursive to accommodate changes in circumstances over a long period so that the originally signed electronic document or record can be verified for many years or even decades. This witness must witness the signature of the guardian(s) which give consent. This guidance document is intended for GC departments and agencies contemplating the use of electronic signatures in support of their day-to-day business activities. It is not acceptable for them to provide you with a document that someone else has already signed and ask you to witness it; not witness an electronic signature. These witness restrictions are the law in Ontario and cannot be ignored. Note that multi-factor software cryptographic token (for example, a PKI-based soft token such as a myKEY soft token) is purposely omitted here because it is not considered to be an adequate multi-factor solution according to the guidance provided in ITSP.30.031. This Appendix lists sources of information from national and international jurisdictions that address e-signatures. Rita.Whittle@tbs-sct.gc.ca / Tel: 613-369-9683 / TTY: 613-369-9371. The e-signature must be able to be verified and confirmed over time. These laws: Whether a signature is paper-based or electronic, the fundamental purpose of the signature is the same. Witness Procedure. An e-signature, defined in this way, functions as a signature in law. The concept of conducting business electronically is nothing new. Generally speaking, there is no requirement for a witness or notary public to witness the signing of the Promissory Note. Witness’s Name – must be PRINTED at the top of form. Ministerial Order No. The witness cannot be a party to the document nor a spouse with Dower rights. This information is used to help establish the basic concepts behind e-signatures outlined in this document. Another possible solution is to adopt standards that are specifically designed to address LTV issues, such as PDF/A-2. Definitions of terms used in these sources are also summarized. Similarly, signatures submitted to government (provincial and territorial) must conform to information technology requirements and to any rules on the method of making them or their reliability. The Benefits of Witnesses Though witnesses aren’t always a requirement for executing a legal document, they can help solidify and authenticate your contract by providing proof that the signatures are legitimate and consensual. Commissioner means the Commissioner of the Force; (commissaire) designated program 1. designated program means a provincial or municipal program that is set out in the schedule; (programme désigné) designated program protectee 1. designated program protectee means a person who is receiving protection under a designated program; (bénéficiaire d’un programme désigné) federal security, defence or safety organization 1. federal securit… As mentioned in Section 2, specifics about implementing e-signatures may: Depending on the context of the business activity or transaction, implementation considerations can include the following: Note that the requirements associated with each of these areas will vary depending on the assurance level required for the e-signature, as discussed in the following subsections. Proprietary solutions should be avoided wherever possible to prevent vendor lock-in and to promote interoperability. Please ensure you read all sections of the application form carefully. As a result, e-signatures can be constituted in a number of ways unless rules dictate otherwise.Footnote 12. Additionally, the Directive on Identity Management and Standard on Identity and Credential Assurance provide guidance with respect to validating the identity of individuals which apply equally to the use of electronic signatures. However, in accordance with ITSP.30.031, biometrics can be used only in a multi-factor authentication scenario, such as using a fingerprint scan to unlock a hardware token.Footnote 14. This methodology can be applied in the context of e-signatures.Footnote 7 An assessment of assurance levels should consider the impact of threats, such as: Once the assessment is complete and the assurance level requirement has been determined, procedural and technical controls can be selected and implemented. Verify the identity and identity document of the individual and ensure that the identity documents: are legible, unexpired and show the name of the person whose identity is being verified, the number of the document, the name of the issuing authority, the date of issue one is primary government photo ID (e.g. In fact, the signature may be removed altogether because of the conversion. Step 3: informed by legal counsel, determine if the type of electronic signature is also identified and if so proceed to Step 6; if not proceed to Step 5. However, it should be noted that the business activity examples provided here are for illustrative purposes only and in no way are meant to be prescriptive. Also, all witnesses to legal documents must be over the age of 18 at the time they witness your signature, and they must be of sound mind. In Canada, Part 2 of the Personal Information Protection and Electronic Documents Act (PIPEDA) provides a regime that establishes electronic equivalents to paper-based documents and signatures at the federal level. Include in your statement, the witness' From Treasury Board of Canada Secretariat. A secure time-stamp is obtained from a trusted source. Although a multi-factor one-time-password device meets the authentication requirements for Assurance Level 4, it does not have the necessary functionality to support a secure e-signature. application of the hash function to the data to generate a message digest; application of a private key to encrypt the message digest; incorporation in, attachment to, or association with the electronic document of the encrypted message digest; transmission of the electronic document and encrypted message digest together with either, a means of access to a digital signature certificate; and. Currently, there are over 20 federal acts and almost 30 regulations listed on the Department of Justice Canada website that include references to “electronic signature” (based on a search for the term “electronic signature” using the Department of Justice Canada advanced search tool). (There are a limited number of exceptions where ICM issues certificates to external entities, but such exceptions do not offer a viable long-term solution.). Fundamentally, authentication factors are described as: Token types for “something the user knows” include: Token types for “something the user has” include: “Something you are” token types include biometrics such as a fingerprint, retinal scan and facial recognition. Note that assurance levels should not be confused with levels of authority. There can also be practical problems when using common signing processes which require the printing and scanning of signature pages, if a signatory does not have the correct equipment at home. Best regards, application of the hash function to the data contained in the electronic document to generate a new message digest, verification that, on comparison, the message digests referred to in paragraph (a) and subparagraph (ii) are identical, and, verification that the digital signature certificate is valid in accordance with section 3 (of the SES Regulations).”, whether the transformation was created using the key that corresponds to the signer’s key, and, whether the message has been altered since the transformation was made.”. “Sworn Before Me …” – is the “Official” before whom the witness swears as to the correctness of the Affidavit of Execution. The overall objective should be to: (Note that titles and links to some of the referenced source documentation have been updated to reflect the most recent versions available.). We trust this is of assistance. The federal Canada Evidence Act provides that affidavits or statutory declarations executed abroad before authorized persons (such as UK based solicitors and notary publics) and bearing that person’s name and seal of office are valid, have the same force and effect as if taken in Canada by an authorized person, and will be admitted in evidence in Canada without further proof. In any case, ITSP.40.111 (PDF, 544 KB) should be consulted for approved algorithms and associated key lengths. It is expected that certain system and information integrity security controls will be in place to protect the integrity of: ITSG-33, Annex 1, defines three integrity levels: low, medium and high. Ontario Superior Court Tightens Rules: 'Your' Expert Witness May Now Be Anything But. 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