Recent changes in legislation permit Alberta employers to use
electronic signatures and maintain electronic employment records.
These legislative changes are particularly helpful as employers
navigate increasingly common work-from-home arrangements and
virtual workplaces.
In Alberta, the use of electronic signatures and documents is
largely governed by the Electronic Transactions Act, SA
2001, c E-5.5 (the "Act"), subject to applicable federal
legislation. The Act aims to make electronic signatures or records
legally binding and "functionally equivalent" to original
signatures and hardcopies, subject to legislative requirements and
limitations.
Historically, the Act did not apply to records arising from,
related to, or connected with an employee-employer relationship,
pursuant to the Electronic Transactions Act General
Regulation, Alta Reg 34/2003 (the "Regulation").
Specifically, these records included: