Is Remote Online Notarization Legal in Ontario and Canada? Which Provinces Allow Remote Online Notarization?
4 March 2021
Remote online notarization has only been made possible by changes to provincial laws which have been accelerated through in part to the recent COVID-19 outbreak. The Law Society of Ontario have changed some of its rules allowing remote online notarization.
- 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 May 12, 2020, under Bill 190, the Ontario Government amended the Notaries Actto establish that a notary public may “exercise his or her powers without being in the person’s physical presence.” This is a groundbreaking change for notaries.
- British Columbia permits e-signatures under the B.C. Electronic Transactions Act.
Notary Pro 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:
- 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 Notarized with Remote Online Notarization?);
- statutory declarations (including CCDC 9A — see also: What Is a Statutory Declaration of Progress Payment Distribution and Can It Be Notarized 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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