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ARTICLE · 07 APRIL 2020

Virtual Workplace: Employers Can Rely On Electronic Employment Records

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...

CanadaEmployment and HR

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:

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