Electronic signatures in Ontario are valid for most contracts, including an agreement of purchase and sale for a house or condo, but they are not valid for wills, codicils or powers of attorney. Wills and powers of attorney can be witnessed over video, as long as one witness is a licensee of the Law Society of Ontario, yet the signatures themselves still go on paper in ink. For families with a parent overseas, knowing which is which saves weeks of couriering.
This article draws on Maurizio Romanin’s paper “Getting E-Signatures Right” (Ontario Bar Association, Ontario Legal Conference, October 2026). We checked each rule against the current statutes on Ontario e-Laws in October 2026.
Key Takeaways
- The Electronic Commerce Act, 2000 (ECA) lets an electronic signature satisfy a legal requirement that a document be signed (s.11(1)), but s.31(1) excludes wills and codicils, trusts created by wills, powers of attorney for property or personal care, and negotiable instruments.
- Agreements of purchase and sale used to be excluded too. That exclusion (s.31(1), paragraph 4) was repealed, effective July 1, 2015, so an Ontario APS can now be signed electronically.
- Land transfers and mortgages are registered electronically under Part III of the Land Registration Reform Act (s.21).
- Wills (Succession Law Reform Act, s.4(3)) and powers of attorney (Substitute Decisions Act, 1992, s.3.1) may be witnessed by audio-visual technology if at least one witness is an Ontario lawyer or paralegal and the signing is contemporaneous. The documents are still signed in ink.
What does the Electronic Commerce Act allow you to sign electronically?
Under section 11(1) of the Electronic Commerce Act, 2000, a legal requirement that a document be signed is satisfied by an electronic signature. Section 19 lets contracts be formed by clicking or typing, but under section 3 nobody can be forced to accept an electronic document.
An “electronic signature” is electronic information a person creates or adopts to sign a document (s.1), so a typed name or a platform signature can qualify. For documents prescribed by regulation, s.11(3) adds two reliability tests: the signature must reliably identify the person, and its link to the document must be reliable. In his paper, Mr. Romanin presents these two tests as what any e-signing system should meet and notes that authentication is not itself a requirement. In his view, generic tools that confirm identity only by email carry legal risk in real estate deals.
Which documents can’t be signed electronically in Ontario?
Section 31(1) of the Electronic Commerce Act, 2000 says the Act does not apply to wills and codicils, trusts created by wills or codicils, powers of attorney for financial affairs or personal care, negotiable instruments (such as cheques and promissory notes), and any document prescribed by regulation.
Note what is missing. Until 2015, paragraph 4 also excluded documents that create or transfer interests in land and need registration to bind third parties, “including agreements of purchase and sale”. The paper flags this as the big change: the repeal was enacted in 2013 (S.O. 2013, c. 2, Sched. 5, s. 2) and, per e-Laws, took effect July 1, 2015.
Can you e-sign an agreement of purchase and sale in Ontario?
Yes. Since July 1, 2015, an agreement of purchase and sale for Ontario real estate can be signed electronically under the Electronic Commerce Act, 2000, because the land exclusion in s.31(1) was repealed. Both sides must agree to deal electronically (s.3), and the e-signature should reliably identify the signer and stay tied to the right document.
The paper also covers the CRA’s position on the GST190 new housing rebate application: where the electronic signatures of the claimant or builder meet the reliability, integrity and authenticity standards in GST/HST Memorandum 15-2, CRA treats them the same as ink signatures. Confirm the current CRA guidance before relying on it.
How does electronic registration of land work in Ontario?
Ontario land documents, such as transfers and charges (mortgages), are registered electronically under Part III of the Land Registration Reform Act. Section 21 says an electronic document is not required to be in writing or signed by the parties, despite the Statute of Frauds, and has the same effect as a signed paper document.
Only people authorized by the Director of Land Registration may submit documents to the electronic land registration system (s.23). In practice, the buyer, seller or borrower authorizes their lawyer in writing to sign and register the documents for them.
Can a will be signed electronically in Ontario?
No. A will in Ontario cannot be signed electronically. Section 31(1) of the Electronic Commerce Act, 2000 excludes wills and codicils, and section 21.1(2) of the Succession Law Reform Act confirms that the court’s power to validate an imperfect will is subject to that exclusion. The e-Laws heading for that subsection reads “No electronic wills”.
Under SLRA ss.3 and 4(2), a will must be in writing, signed at the end by the testator before two witnesses present at the same time, who then sign in the testator’s presence. A holograph will, wholly in the testator’s handwriting, needs no witnesses (s.6). Since January 1, 2022, the Superior Court of Justice can declare a document valid as a will even though it was not properly executed (s.21.1(1)), for deaths on or after that date. That is a court application after death, not a plan.
Can wills and powers of attorney be witnessed by video in Ontario?
Yes. Under SLRA s.4(3), the witnesses’ presence for a will can be satisfied by audio-visual communication technology, meaning any method that lets participants see, hear and talk to each other in real time. At least one witness must be a licensee under the Law Society Act, and the signing and witnessing must be contemporaneous.
The Substitute Decisions Act, 1992 has a matching rule for powers of attorney in s.3.1. It covers a continuing power of attorney for property (s.10(1)) and a power of attorney for personal care (s.48(1)), each of which needs two witnesses, and revocations (s.3.1(5)).
In practice, everyone joins one live video call, and each person signs a complete, identical paper copy in ink while the others watch. These counterparts together form the will or power of attorney (SLRA s.4(4); SDA s.3.1(3)), and the signed pages are couriered to the lawyer.
Some people cannot be witnesses. For a power of attorney, SDA s.10(2) bars the attorney and the attorney’s spouse or partner, the grantor’s spouse or partner, the grantor’s child, a person under guardianship, and anyone under 18. Section 48(2) applies the same list to powers of attorney for personal care.
What if the person signing lives outside Ontario?
For powers of attorney, SDA s.85 says one is formally valid if it followed the internal law of the place where it was signed, where the grantor was domiciled, or where the grantor habitually lived. A parent in China signing by video should also ask whether a bank or land office there will accept the document; many want a notarized or apostilled copy. See our notary public and apostille services for how that step works, and our cross-border estate management page for planning with assets in Canada and China.
Can affidavits and statutory declarations be sworn by video?
Yes. O. Reg. 431/20 under the Commissioners for Taking Affidavits Act lets an oath or declaration be taken without being in the same room. The communication must let everyone see, hear and talk in real time throughout, the commissioner must confirm the deponent’s identity, and the jurat must say it was done remotely and where each person was. The commissioner must keep a record. The current version, amended by O. Reg. 21/26, also requires the commissioner’s stamp information on the document where section 5 of the Act applies.
What still needs wet ink or in-person steps?
Wills, codicils and powers of attorney need handwritten signatures on paper, even when witnessed by video. Negotiable instruments are also outside the ECA. Any party, bank or foreign authority can insist on paper, because the Act never forces anyone to accept electronic documents (s.3).
One update since the paper: since December 11, 2025, SLRA s.51(3) allows a beneficiary designation for an RRSP, RRIF or other plan covered by Part III to be made electronically in accordance with the ECA.
In our experience, in-person signing still makes sense where capacity or family pressure is a concern. See our Kingston wills and powers of attorney seminar. Buyers can read our step-by-step guide to buying property in Ontario.
FAQ
Is a DocuSign will valid in Ontario?
No. Section 31(1) of the Electronic Commerce Act, 2000 excludes wills and codicils, and SLRA s.21.1(2) keeps that exclusion in place even for court validation. Sign in ink; the witnesses may attend by video if one is an Ontario lawyer or paralegal.
Can my parents in China sign an Ontario power of attorney over Zoom?
The witnessing can happen over a live video call under SDA s.3.1 if at least one witness is an Ontario licensee and everyone signs at the same time. They still sign paper copies in ink and courier them back.
Can I sign an agreement of purchase and sale electronically from overseas?
Yes. Since July 1, 2015, an APS is no longer excluded from the Electronic Commerce Act, 2000, so it can be e-signed if the parties agree to deal electronically.
Who can be a witness to a power of attorney in Ontario?
Two adult witnesses who are not the attorney, the attorney’s spouse or partner, the grantor’s spouse or partner, the grantor’s child, or a person under guardianship (SDA s.10(2) and s.48(2)). For video witnessing, one of the two must be an Ontario licensee.
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Disclaimer: This article is for general information only and is not legal advice. Ontario real estate, tax and estates law change frequently, and every matter turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to an Ontario lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on Ontario real estate, wills and powers of attorney. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.
