Has Covid-19 impacted your business?
Electronic Communications
Ontario Corporations Act
The proposed changes amend the Ontario Corporations Act ("OCA") to specifically allow electronic notice of meetings of members and for the actual meeting of members to be conducted electronically. Although some Ontario not for-profits have been holding electronic meetings, this is currently not specifically authorized by the OCA. An electronic meeting can be held by telephone, computer or other electronic means. If an Ontario not for-profit does not want to allow electronic notices or electronic meetings it will need to amend its by-laws to prohibit electronic notices and meetings. Other proposed amendments to the OCA will allow the receipt, filing, keeping and searching of documents in electronic format.
Pettle Law can assist your Business and/or Start-Up
Incorporation & Organization
Shareholder/ Partnership Agreements
Shareholder/ Partnership Agreements
Create custom incorporation documents and organizational records indicating shares/shareholders/officers & directors
Shareholder/ Partnership Agreements
Shareholder/ Partnership Agreements
Shareholder/ Partnership Agreements
Modernize documents to reflect your business arrangement and future business requirements
E-Commerce Business
Shareholder/ Partnership Agreements
E-Commerce Business
Create the ability to allow your business to adapt to changing environments
Social Media
Assist in Intellectual Property
E-Commerce Business
Advise in all social media platforms and assisting in there commercial arrangements
Legal Service in the Cloud
Assist in Intellectual Property
Assist in Intellectual Property
In an increasingly paperless world, documents are safely stored and organized on our secured cloud servicers.
Assist in Intellectual Property
Assist in Intellectual Property
Assist in Intellectual Property
The intangible assets of a business are often as valuable (and sometimes more valuable) than its tangible assets.
Corporate/Commercial
Business Contracts
Professional Corporations
Professional Corporations
Pettle Law can draft customized business commercial agreements that fit the details required.
Professional Corporations
Professional Corporations
Professional Corporations
Pettle Law can assist in the incorporation of yourself as a professional and assist you in applying for a Certificate of Authorization from your respective college.
Business Disputes
Business Disputes
Business Disputes
Pettle Law can assist you in settling business disputes between partners, shareholders and/or employees.
Cannabis Law
Business Disputes
Business Disputes
Pettle Law can help retail operators acquire the ROL and/or their RSA in addition to assisting commercial producers in obtaining their Mirco or Production Licence.
MODERNIZATION OF BUSINESS PRACTICES
Virtual Meetings and Annual Meetings
On May 12, 2020, the Government of Ontario passed legislation which amends numerous Ontario business laws in an effort to allow businesses to continue to operate while complying with both physical distancing guidelines and legal requirements.
The amendments offer much needed flexibility to businesses by providing for the calling and holding of virtual meetings, the deferral of annual meetings, the use of electronic signatures as well as the electronic filing of documents with the Ministry of Government and Consumer Services.
Each of the Business Corporations Act (OBCA), Co-operative Corporations Act (CCA), Condominium Act, 1998 (Condo Act) and Corporations Act have been temporarily amended to allow corporations to call and hold virtual meetings and to defer their annual meetings by extending the time period in which corporations must hold their annual meetings (in certain circumstances). These amendments, which reflect the relief originally provided under the Emergency Management and Civil Protection Act (Ontario) on April 24, 2020, come as welcome news for corporations looking ahead to their annual meetings while navigating these uncertain times. These amendments are retroactive to March 17, 2020.
Document Copies, Electronic Signatures, and Electronic FilingsThe OBCA, Business Names Act, CCA, Corporations Information Act, Corporations Act, Limited Partnerships Act, and Extra-Provincial Corporations Act have each been amended to help businesses avoid in-person contact and maintain physical distancing.Important changes to these Acts include:
- The Ministry will now accept copies of documents in lieu of originals (i.e., articles, applications, other documents required to be sent to the Ministry under the relevant statute).
- Electronic signatures are now permitted instead of originals provided the electronic signature meets prescribed requirements.
- Electronic filing of documents is now permitted. For e-filing, businesses will need to use the same prescribed, required or approved forms as for paper filing, except they can now be filed by fax or email. We note that documents sent by email will be handled the same way as mailed in documents and therefore will not be processed immediately. If a document is time sensitive then documents should be filed well in advance of the planned effective date, or should be filed in person.
E-Commerce during COVID-19
Businesses across Canada has struggled to manage the fallout from Covid-19, e-commerce looks to be one area of commercial activity position to remain in strong demand.
promotion of electronic signatures
Are electronic signatures legal in Canada?
Canada is known for its flexible and technology-friendly approach to the document signing process. But unlike a majority of countries worldwide, Canada is a federation that consists of 10 provinces and three territories.This means that both federal and provincial law regulates eSignatures. Contract law in Canada is provincial, so the validity of each agreement reached between two or more parties (unless they are regulated federally) is governed by the law of each province.
Federal and provincial — e-Signature law in Canada
On the federal level, the use of eSignatures was officially endorsed by the Personal Information Protection and Electronic Documents Act (PIPEDA). The act became in effect in 2004. According to the law, each kind of eSignature is equivalent to a physical one and are fully court-admissible. Each company operating in the Canadian market is free to use both digital and paper documents — the law recognizes them as equally valid. However, PIPEDA has reiterated the explicit requirements for an electronic signature to be secure. According to them, an eSignature should be:
- Unique and distinctive
- Created under signer’s sole control
- Can confirm the identity of the signer
- Protected by the technology that can detect any subsequent changes in the document
Can I use e-Signatures for business in Canada?
Yes, eSignature laws allow signing documents without ink and pen with additional amendments to various acts such as Business Corporations Act, Limited Partnership Act, Corporation Information Act and others with the enactment of the Alternative Filing Methods for Business Act, 2020.
Are e-Signatures court-admissible in Canada?
Yes, you can provide a digital document signed electronically as evidence in court as well as a paper one.
Unacceptable E-Signatures
You can’t just draw an “X” or another kind of icon to sign your document. Marks like these can’t be identified as unique and can’t prove your identity.
