Is Online Commissioning Legal in Ontario?
Yes! Remote commissioning (notarization) of affidavits, oaths and statutory declarations is now legal in Ontario. This blog post provides an overview of the legal requirements for online commissioning in Ontario, and explains how Notarize.ca meets those requirements.
What is online commissioning?
Online commissioning is also called online notarization e-notarization, virtual notarization or virtual commissioning. It is the process for commissioning notarizing oaths, affidavits, statutory declarations and other documents using technology like web conferencing instead of meeting with a notary in person.
On August 1, 2020, the Government of Ontario enacted O Reg 431/20, Administering Oath or Declaration Remotely, a regulation under the Commissioners for Taking Affidavits Act. This regulation makes remote commissioning in Ontario possible and sets out the requirements that must be met for remote commissioning.
What are the legal requirements for online commissioning in Ontario?
Notaries must comply with the conditions set out in O Reg 431/20 when they provide online notary services. Notarize.ca’s online notary process meets these requirements in the following ways:
See, Hear, and Communicate in Real Time: The commissioning must take place by an electronic method of communication in which the notary and the client can see, hear, and communicate with each other in real time throughout the entire transaction.
Notarize.ca’s online notary process uses a secure videoconferencing system that enables the notary and the client to see, hear and communicate with each other throughout the entire process.
Confirm Deponent’s Identity: The notary must confirm the identity of the client.
Notarize.ca requires clients to complete an online intake form before their appointments. During their online notary appointments, clients are required to show a physical copy of their government-issued photo identification to the notary.
Use a Modified Jurat: A jurat is a statement on an affidavit of when, where, and before whom it was sworn. The notary must use a modified version of the jurat that indicates commissioning was administered in accordance with O Reg 431/20, and the location of the commissioner and the deponent at the time of commissioning.
Notarize.ca’ notaries add the modified jurat to all documents.
Ensure Deponent’s Understanding: The notary must take reasonable precautions in the execution of the person’s duties, including ensuring that the deponent understands what is being signed.
During the online notary meeting, Notarize.ca’s notary ensures that the client has read and understood the document. If the client has any questions about the document, or if there is any uncertainty that the client fully understands the document, the notary will direct the client to the appropriate organization or agency for assistance before completing the commissioning.
Maintain Record of Remote Commissioning: The commissioner must keep a record of the transaction.
Notarize.ca records each online notary session to create a reliable record that the correct procedures for online notarization were followed. These recordings are kept in secure offline storage. Notarize.ca does not share the recordings with anyone unless we are legally required to do so and have the client’s permission.
For more information on the legal framework for remote commissioning, go to the Law Society of Ontario’s webpage on Remote Commissioning.
In addition to ensuring we meet all of the legal requirements for online commissioning, Notarize.ca also follows the Law Society of Ontario’s Best Practices for Remote Commissioning.
Can all documents be commissioned online?
Not every document can be commissioned or notarized online.
For example, certified true copies of original physical documents cannot be notarized online. The notary must be able to compare the physical original document to the copy to confirm that the copy is authentic and true.
Although online commissioning is permitted in Ontario, the law does not require an organization or person to accept a document that has been commissioned online. Some organizations or persons will only accept a document that has been notarized or commissioned in person.
If you aren’t sure if your document can be notarized online, we strongly recommend that you contact the receiving organization or person to see if they will accept a document that has been notarized online.
Are your online notary services available to persons outside of Ontario?
Yes. Subsection 45(2) of the Ontario Evidence Act states that an affidavit sworn outside Ontario before a commissioner for taking affidavits in Ontario has the same effect as if the affidavit had been sworn in Ontario. However, if you are outside of Ontario and need a document notarized, we strongly recommend that you contact the organization or agency to whom you will be submitting your document to see if they have any specific requirements for your document.
Questions?
Have more questions about online commissioning and virtual notarization? We’re here to help. Contact us at hello@notarize.ca or call us at (888) 632-9971.
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