Yes, generally. A commercial lease can be signed using an electronic signature, subject to compliance with applicable legal requirements.
In Quebec, the fact that a document is in electronic form does not, in itself, negate its legal value. Quebec legislation recognizes technological documents and allows the use of processes that enable electronic documents to be signed.
The method used should make it possible to identify the signatory, to verify their consent and to preserve the integrity of the signed document.
Particular attention should be paid to identifying the signatory and their authority. In the event of a dispute, it may be necessary to demonstrate not only who affixed the electronic signature, but also that this person had the power to bind the landlord or the tenant they claimed to represent.
This question is particularly important when a corporation or other legal entity is a party to the lease. It may then be prudent to retain documents and information that establish the signatory's identity and their authorization to sign the lease on behalf of the corporation.
Certain specific formalities may also apply when a document needs to be published, presented to an authority, or used in another legal transaction.
Electronic signatures can therefore facilitate the conclusion of a commercial lease remotely, but the parties should use a process that allows for adequate proof of the signatory's identity, consent, authority, and the integrity of the signed document.