FAQ

FREQUENTLY ASKED QUESTIONS

Is it legal to commission (sign) documents online and remotely via video? 

Yes, remote commissioning (online notary service or online notarization) of affidavits, oaths and statutory declarations is now permitted in Ontario. 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..

Can documents be notarized online?

No, documents in need of a Notary public cannot be done online. Only documents in need of a Commissioner of Oath can be done online.

What is the difference between a Notarization and Commissioning of Documents?

Before we explain the difference; note that everyone at Online Commissioner is a Notary Public and also a Commissioner of Oath. We can notarize or commission any document in person and usually most online as well.

A Notary public is used to verify the authenticity of an original document. They would simply physically view the document (Passport, ID Card, Birth Certificate, etc.) and on the photocopy will seal stating that they have viewed the original and the photocopy is exactly like the original. This is called a “Certified True Copy”

A Commissioner of Oath verifies signatures. One must prove their identity and then sign the document. This can be done online, as client’s can simply hold up their ID and the Commissioner can verify. Commissioning can be done Online through virtual means and digital signatures.

Can Certified true copies of Identification or documents be done online?

No, certified true copies of original documents can only be notarized in the physical presence of a Notary public, not online.

Is the Online Commissioning Service Available to People 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 commissioned, 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.

If an individual has power of attorney for another individual who requires Commissioner of Oath certification is it sufficient to have the power of attorney only present at the video meeting?

While not required under the Substitute Decisions Act, 1992, at Online Commissioner we require a person being asked to recognize a Power of Attorney to send us a notarized copy of, or the opportunity to see the original Power of Attorney, before the Commissioning appointment.

This requirement provides additional assurance that the attorney has authority. Requiring the attorney to produce the original for inspection or provide a notarized copy helps establish that the original document is still in existence and is in the attorney’s possession. As well, if a notarized copy is produced, it reduces the risk of potential fraud as the notary is required to compare the original Power of Attorney to the copy prior to notarizing the copy.

Virtual Commissioning and Covid-19

The COVID-19 Response and Reforms to Modernize Ontario Act, 2020 (Bill 190) modified the Commissioners for Taking Affidavits Act, R.S.O. 1990, C.17 in section 9, which provided that “every oath and declaration shall be taken by the deponent in the presence of the commissioner, notary public, justice of the peace or other officer or person administering the oath or declaration…” This will now read “in the physical presence of the commissioner, notary public or other person administering the oath or declaration” on a date to be proclaimed (likely Aug 1, 2020). The Act will similarly be modified to permit by regulation the taking of an oath or declaration NOT in the physical presence of. Ontario Regulation 431/20 permits an oath or declaration may be taken by a deponent or declarant without being in the physical presence of the person administering the oath or declaration, if conditions are met. The Regulation came into force on August 1, 2020.

Regulation 431/20 sets the following conditions for virtual commissioning:

1. The oath or declaration is being administered by an electronic method of communication in which the person administering the oath or declaration and the deponent or declarant are able to see, hear and communicate with each other in real time throughout the entire transaction.
2. The person administering the oath or declaration confirms the identity of the deponent or declarant.
3. A modified version of the jurat or declaration is used that indicates,
   1. that the oath or declaration was administered in accordance with this Regulation, and
   2. the location of the person administering the oath or declaration and of the deponent or declarant at the time of the administering.
4. In the case of a commissioner to whom section 5 of the Act applies (commissioner whose appointment is limited in its duration or as to territory or purpose), the information on the stamp required to be used under that section appears on or in the document being signed.
5. The person administering the oath or declaration takes reasonable precautions in the execution of the person’s duties, including ensuring that the deponent or declarant understands what is being signed.
6. Every person who administers an oath or declaration in accordance with this section shall keep a record of the transaction.

Modified Jurat

The Ministry Guide states that when conducting remote commissioning, a modified version of the jurat must be completed, such as:

Sworn (or Affirmed or Declared) remotely by (deponent /declarant’s name)
stated as being located in the (City, Town, etc.) of ………… in the (County, Regional Municipality, etc.) of …………,
before me at the (City, Town, etc.) of ………………… in the (County, Regional Municipality, etc.) of …………………,
on (date),
in accordance with O. Reg 431/20, Administering Oath or Declaration Remotely.

………………………………………………………
Commissioner for Taking Affidavits
(AN IMPRINT OF YOUR STAMP, OR THE INFORMATION CONTAINED THEREIN, MAY BE PLACED HERE.
If the stamp imprint or information is not placed here it must appear in full elsewhere on the commissioned document.)
The same information that appears on your physical stamp must also appear on the document being commissioned remotely.

Can Multiple people sign the same document during an Online Commissioning appointment?

Yes! In fact, we offer a discount for this. We can organize to have all parties attend the same Appointment from one single device if all of them are in the same location.

What do you need to prepare for your appointment?

You will need:

• A PDF or Word version of your document (if you only have a paper copy, you can scan it to create an electronic copy)
• Access to a web camera (for example, on a smartphone, tablet or computer)
• One piece of valid government-issued photo identification.

You do not need to download any apps or programs to use our online Commissioning services.