Is an Online Notary Public Legal in Ontario and Canada?

Key Takeaways

• Online notary services are legal and accessible in many Canadian provinces, including Ontario and British Columbia.
• Ontario’s Electronic Commerce Act, 2000 permits electronic signatures and Ontario Regulation 431/20 recognizes online commissioning, while British Columbia allows online notary services under its Electronic Transactions Act.
• Virtual signing is widely accepted by numerous government bodies and institutions across Canadian provinces.
• Documents eligible for online notary services include vehicle transfer forms, affidavits, statutory declarations, travel consent letters, birth and name change applications, insurance claims, passport applications, residency documents, and government or legal forms that require a signature from a lawyer or notary.
• Use NotaryPro’s online notary solutions to prepare your required documents from anywhere in the world.

• In Ontario, section 11 of the Electronic Commerce Act, 2000 establishes that “a legal requirement that a document be signed is satisfied by an electronic signature”.
• As of August 1, 2020, the Ontario Government introduced Ontario Regulation 431/20 allowing legal professionals in Ontario to administer oaths or declarations remotely through virtual commissioning.
• British Columbia permits e-signatures under the B.C. Electronic Transactions Act.

NotaryPro is leading the country in providing this innovative service. These amendments mean that we can provide virtual notary services for clients anywhere in the world. The following documents can now be virtually commissioned and electronically signed online:

In many Provinces and throughout Canada, virtual signing online is legal, legitimate and accepted by many Government institutions.

• Service Ontario / Ministry of Finance documents (including Sworn Statement for the Transfer of a Used Vehicle in the Province of Ontario and Sworn Statement for a Family Gift of a Used Vehicle in the Province of Ontario forms.
• affidavits (any type) including OSAP affidavits (see also: What are OSAP Affidavits and Can They Be Commissioned with Remote Online Notary Services?);
• statutory declarations (including CCDC 9A — see also: What Is a Statutory Declaration of Progress Payment Distribution and Can It Be Commissioned Online?);
• recommended consent letters for children traveling abroad (commonly referred to as travel consent letters);
• delayed birth registration forms;
• applications to amend birth registration;
• declarations affirming parentage;
• elections to change of name of child under the age of 12;
• statutory declarations by an applicant to correct an error in registration;
• legal name change applications;
• blank statutory declarations;
• insurance claims;
• common law status affidavits;
• special invitations to family members overseas;
• passport applications (in lieu of guarantor);
• pension purpose attestations of recipient being alive and confirming their residency;
• residency documents;
• lost passports;
• single status certificates;
• federal government permanent residency card applications;
• municipal information forms (MIF) for liquor license;
• affidavits waiving vaccinations based on religious grounds;
• any document requiring the signature of a lawyer, notary or commissioner which can be commissioned.

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