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Electronic signatures or e-signatures have been in use in Canada
for over two decades. Their use and acceptance have become more
necessary and more widely accepted because of the COVID-19
pandemic, as people have to rely on the use of e-signatures in
situations where they would have previously provided their
signatures in-person.
Currently, in Alberta most commercial agreements can be signed
electronically except where expressly excluded by the parties,
including, but not limited to: (i) sales agreements; (ii) service
agreements; (iii) user manuals; (iv) purchase orders; (v) lease
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Most forms of franchise agreements require the provision of a
personal guarantee by the franchisee shareholders to guarantee the
franchisee corporation s obligations under the agreement. In
all provinces and territories in Canada, aside from Alberta, this
guarantee is effected by having the guarantors bind themselves by
executing a personal guarantee agreement.
In Alberta, however, there is an added step to obtaining a
binding personal guarantee in addition to executing the guarantee
agreement itself, due to the application of the
Guarantees
Acknowledgment Act (GAA). Originally enacted as a form of