Ask the ExpertCategory: QuestionsEmployment Agreement E-Signature Validity (Alberta)
hri_Admin Staff asked 3 years ago

Are e-signatures valid in Alberta – specifically with regard to employment agreements? 
Perhaps the information below is dated?

Alberta

While e-signatures are likely valid in Alberta, we recommend against using e-signatures for employment agreements as Alberta’s Electronic Transactions Act (an act designed to ensure electronic records and transactions have the same validity and enforceability as traditional paper-based agreements) specifically exempts employment agreements from its application.

1 Answers
Glenn Demby Staff answered 3 years ago

That information is correct. Section 2(2) of the Electronic Transactions Act General Regs. states that the Act (which provides for use of e-signatures to execute legal dox) does NOT apply to employment records. Here’s the exact language.
(2)  The Act does not apply to any information or records arising from, related to or connected with an employee‑employer relationship, including, without limitation, the following:
(a)    employment information and records of employment to be maintained by an employer under the Employment Standards Code or under any other enactment;
(b)    information or records related to the terms and conditions of employment, including a contract of employment;
(c)    information or records related to or created in the course of carrying out the duties, functions and other job related activities of an employee;
(d)    information or records related to the assignment of duties, functions and other job related activities of employment by an employer;
(e)    information or records related to the internal operations of an employer.
.Hope that helps. Glenn

L Gough replied 3 years ago

Glenn, does this mean any employment contracts/docs that are signed electronically are null and void? (Alberta)