An e-signature, defined in this way, functions as a signature in law. Thus if no witness is present, the signature line for the witness may be left blank. 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. However, depending on the nature of the note and the governing law of the jurisdiction in which you're entering into the note, you may be required to have witnesses or a notary public witness the Promissory Note. There are certain times when it is a legal requirement for a person`s signature to be notarized, or witnessed by a notary. This entry about Material Witness has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Material Witness entry and the Encyclopedia of Law are in each case credited as the source of the Material Witness entry. Director General, Security and Identity Management Policy, Chief Information Officer Branch You should initial each page in turn, in the bottom left corner of each page, and then sign your name in full on the last page, in full view of the witness(es). As discussed in subsection 2.1, an e-signature is any electronic representation where: There may be requirements to include other supporting information, such as the time that the electronic data was signed. Third-party service providers offer various forms of e-signature services that the GC can use, under appropriate circumstances. For enquiries, contact us. We trust this is of assistance. Another example is where a cloud service provider offers acceptable e-signature capabilities to support a GC application hosted in the cloud. In the context of the federal government, a signature may be required to: In some cases, the ability to support e-signatures from more than one individual is required. The role of an independent witness will be to verify all of the following information: The witness is at least 18 years of age; The witness understands the nature of the request; A multi-factor hardware cryptographic device must be used at this assurance level. Lawyers can't find parents of 545 migrant children. The e-signature must be able to be verified and confirmed over time. They are only required to witness your signature. This document complements and expands on that guidance. Treasury Board of Canada Secretariat / Government of Canada Technical specifications have been developed to support LTV based on the format or syntax of the electronic document or record as follows: Another consideration is a change to the format of the original electronic data document or record, such as when it is converted for long-term archiving. Non-Canadian sources of interest that address terms and concepts related to e-signatures include: Specific terms defined in these sources include the following (see Table A1): PIPEDA Part 2, Sections 31(1), 48(1) and 48(2) collectively define a “secure electronic signature” as “an electronic signature that results from the application of a technology or process…” with the following characteristics: “a secure electronic signature in respect of data contained in an electronic document is a digital signature that results from completion of the following consecutive operations: “the result of the transformation of a message by means of a cryptosystem using keys such that a person having the initial message can determine: Although the UNCITRAL Model Law on Electronic Signatures (PDF, 249 KB) does not provide an explicit definition, it also uses the term “digital signature,” consistent with the PIPEDA Part 2 definition. 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. Rita.Whittle@tbs-sct.gc.ca / Tel: 613-369-9683 / TTY: 613-369-9371. Departments and agencies wanting to pursue the use of electronic signatures as an alternative to the traditional wet signature should consider the following to help determine whether such a move is viable in their operating environment and to be positioned to mitigate any potential legal risk which may arise. However, such options may not be possible in all circumstances, and there may need to be another solution such as retaining metadata that indicates the circumstances under which the original content was signed (such as who signed it, when it was signed, etc.). Other digital signature algorithms such as the Elliptic Curve Digital Signature Algorithm (ECDSA) are also valid but have different mathematical properties that do not precisely conform to the description from the SES Regulations. 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. The UECA states that authorities responsible for the legal signature requirement can make regulations where it is felt that the situation implies a degree of reliability of identification or association with the document to be signed. M162 also makes it possible for the adult to sign and have their signature witnessed if linked by video conference with a witness. Although frameworks and definitions vary by jurisdiction, their principles are largely the same. See the Uniform Law Conference of Canada’s discussion of the Uniform Electronic Commerce Act. Although ITSP.30.031 should be consulted for additional details, some of the basic concepts associated with authentication factors and tokens are provided here for the convenience of the reader. when using a digital signature or secure e-signature, at least some of the integrity requirements will be supported by the signature itself, including the integrity of the signed electronic data algorithms and associated key lengths approved by the Canadian Security Establishment ( CSE ) must be used as stipulated in ITSP.40.111 ( PDF , 544 KB) Ontario Superior Court Tightens Rules: 'Your' Expert Witness May Now Be Anything But. Multi-factor authentication (or, more specifically, two-factor authentication) can also be achieved by combining an appropriate “something you know” token with an appropriate “something you have” token. Privacy and consent clauses should be the same as those used in the paper forms to ensure that there was no discrepancy between the two formats. 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). 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. At the same time, a witness who appears too expert at testifying could potentially backfire, suggests McLeese. Although expected to be extremely rare, there may be cases where a public key certificate is revoked with the invalidity date and time set to sometime in the past. If you are called on to serve as a witness, all you have to do is observe the signing of the document. A multi-factor OTP device is sufficient for Assurance Level 4 authentication; however, it does not have the necessary functionality to generate a digital signature or secure e-signature, which is mandatory at Assurance Level 4. Mercury-compliant signings, using scanned or photographed signature pages: these methods follow the February 2010 guidance issued by The Law Society of Engla… The following guidance on the use of electronic signatures for security screening is being provided in response to discussions at the Government of Canada Security Council (GCSC) and it was felt that it would be beneficial to all DSOs. This requirement can be met in several ways, including through the use of email or a workflow management system. The integrity of the secure time-stamp is cryptographically protected. 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