Your questions, our answers.
Frequently Asked Questions
What does it mean to have a document “notarized”?
An Ontario Notary Public’s seal indicates that you’ve sworn or affirmed that the facts you’ve provided in your document are true. Notarization has the same effect as swearing to tell the truth under oath in a court of law. In Ontario, a lawyer licensed Notary Public is also a Commissioner of Oaths (also called a Commissioner for Taking Affidavits).
Which documents need to be notarized in person?
Not all documents require notarization — which must be done in person — but many do. Documents going to international embassies and authorities, financial institutions and the court system often need to be notarized. Certified true copies, passport applications, and other documents must be notarized as well. See a complete list of documents that must be notarized in person here.
What is the role of an Ontario Notary Public?
An Ontario Notary Public’s role is to verify the identity and signature of a person signing a document. The person signing must also swear or affirm that the information they’ve provided in their document is accurate. In addition, the signer must confirm they are singing their document willingly and understand what they are signing. The notary then signs the document as well, and adds an official seal to it. The act of notarizing a document or witnessing a signature is the core function of a Notary Public.
What are the steps for a notarization?
- You must attend an in-person appointment to notarize a document.
- Bring two pieces of valid, government-issued photo ID to your Notary.
- Your Notary will ensure you understand what you’re about to sign and that the information you’ve provided is accurate.
- The Notary will witnesses your signature.
- Once you have signed the document, the Notary will affix her or his stamp (or “seal”) to the document. Your document is now notarized.
What is a Commissioner of Oaths?
A commissioner of oaths (also known as a Commissioner of Taking Affidavits) is a person who can legally administer an oath, affirmation or declaration, for example, to a person making an affidavit. A commissioner cannot notarize a document, only a notary public can.
Why is it having documents notarized or commissioned important?
Having a notary public witness a signature is a powerful risk management tool to prevent fraud and identity theft. Having documents notarized or commissioned adds a layer of assurance, showing that the people who signed them are who they say they are. Notarization or commissioning is mandatory in most provinces for Affidavits, Statutory declarations, deeds, mortgages, easements, and more.
Signing
Can my spouse / wife / partner bring the document for me if I sign it in advance?
No. No exceptions. We do not accept any pre-signed documents. Ever.
Can my spouse / partner sign in advance and then I will sign in front of the notary (i.e. a document requiring both spouse’s signatures)?
No. See answer above.
Online Notary Services: Video Signing
What equipment do I need to use your online notary services?
You need a computer, laptop, tablet, or smartphone with a webcam, that’s connected to the internet.
Do I need to install a program?
You do not to install any equipment or create an account to use our online notary services platform. Click here to get started!
How do I upload my documents and which file formats are accepted?
You upload your documents and ID directly to our platform. All files uploaded must be in Word, PDF, JPEG, or PNG format.
Can I upload multiple documents?
Yes, but only through the second document upload section of the intake form. Please email any additional documents to [email protected].
How do I sign a document electronically / digitally?
At your scheduled appointment time, you will be sent a link to electronically sign your document(s) using an online signing tool called SignNow.
- If you are using a computer/laptop, you can sign your documents using your mouse or cursor.
- You can also upload a scan or picture of your actual signature and insert it into your document.
- You can type your signature, which will appear in various cursive fonts.
- Or if your laptop is touchscreen compatible, you can use your finger or a stylus to sign as you would sign a paper document.
If you are on a mobile device (phone/tablet) you use your finger or a stylus/surface pen to sign.
How do I receive a document commissioned online?
Once you’ve electronically signed your document, the notary or commissioner will also electronically sign. Once the notary or commissioner has signed, your commissioned document is automatically sent to you for printing or forwarding, or submission.
What are the alphanumeric digits I see underneath my digital signature in the completed document?
As part of its robust security settings, SignNow automatically inserts a unique alphanumeric ID code underneath each signature in every completed document. This code is unique to each signature, and is logged in the SignNow audit trail (explained below). This code represents an additional layer of security and verifiability for your e-signed document.
What is the Document History (audit trail) document I see attached to my completed document?
The SignNow signing platform automatically records all edits, text additions, and signatures made to your uploaded document, and logs the IP address of each user. This creates a verifiable audit trail which provides proof of who accessed the document file, and when.
How do I connect with the notary/commissioner for my appointment?
When you are finished booking, a confirmation email is sent to you which contains a link to join your virtual notary appointment. Click the link at the time of your appointment, and you’ll be brought to NotaryPro’s secure video conferencing notary platform.
Can multiple people in different locations sign the same document online?
Yes. When you book your appointment, the intake form requests the full legal names and email addresses of any additional people required to sign or witness the same document. Please identify the other signers or witnesses who will be signing and in which capacity (i.e. as a witness or a second signer).
Does NotaryPro provide witnesses for online signings?
Yes, NotaryPro can provide witnesses, we offer witnessing services for the singing of Wills and Powers of Attorney.
Is online commissioning the same as the in-person service?
Yes. Either in-person, or online, the notary public will verify your identity, confirm you are signing your document freely and without duress, and is witness your signature. You’ll only receive electronic copies of digitally-commissioned documents when you use our online service, but you can opt in for our mailing service to receive physical copies.
Is it legal to sign digitally (via electronic signature)?
Yes. The Ontario Electronic Commerce Act states that “a legal requirement that a document be signed is satisfied by an electronic signature.” (2000, c. 17, s. 11 (1).)
What has the Law Society of Ontario stated about signing digitally?
The Law Society has issued guidance to lawyers about virtual commissioning and created the following checklist. The Law Society does not regulate the Notaries Act nor the Commissioners for taking Affidavits Act
Last Will and Testament / Power of Attorney – Virtual Witnessing
Is it legal to virtually witness my Will and Power of Attorney?
Yes. As of April 7, 2020, you can virtually witness these documents via video conference, pursuant to Ontario Regulation 2020.0240.e. Note that virtual witnessing is entirely different from digitally signing.
What is virtual witnessing?
You will print your Will and/or Power of Attorney. You will join a video call with your notary and a second witness, who will both virtually witness you physically sign your document. There is no digital signature process for virtual witnessing, but your signature (on physical paper) can be witnessed online.
Who will serve as my first witness? Second witness?
For any virtual witnessing of a Will, a licensed member of the Law Society (such as a NotaryPro notary public or lawyer) must serve as the first witness. The second witness may be any legal adult, who is not a beneficiary under your Will, or your spouse.
What are the rules for Witnesses in Ontario?
You must have two witnesses sign your Will in Ontario. There are certain restrictions about who can serve as a witness for a Will.
Do I need to initial each page of my Will and/or Power of Attorney?
Yes, it is strongly recommended to initial each page of the Will and POA.
Can I digitally sign my Will or Power of Attorney instead of physically signing?
No. Electronic signatures are governed by the Ontario Electronic Commerce Act. Section 31 of this Act states that electronic signatures do not apply to Wills, Trust, or Powers of Attorney. NotaryPro offers a Virtual Witnessing Service, where you sign your paper document with wet ink on camera, and the witnessing of your physical signature is completed through a video call.
Can the witnesses digitally sign the Will or Power of Attorney?
No. Not at this time, in accordance with section 31 of the Electronic Commerce Act.
Shipping / Courrier
So how does NotaryPro sign my Will or Power of Attorney?
Once you have physically signed your document, you may drop off the original signed copy to the NotaryPro location near you while observing strict social distancing.
If the NotaryPro rep who virtually witnessed your Will is in another city, you will be provided with a courier packing slip and will be asked to drop off your document at the nearest courier service provider. NotaryPro will then countersign and courier the documents back to you.
Am I responsible for paying for courier fees?
Yes. NotaryPro has established flat fees based on region and will charge you the exact rate as paid by NotaryPro to send and ship back your documents.
How long does the entire process take?
Approximately 1 to 2 weeks. While we strive to return the signed documents to you as soon as possible, the timing depends on when we receive the signed documents from you. As we do not control the courier service or process, we cannot guarantee a return date.
Refund Policy
What is your refund policy for remote online notary services?
| Type of Issue | Description | Policy |
| Company Error | Your NotaryPro notary public makes a mistake or oversight (i.e. incorrect date, name) on the document resulting in the recipient rejecting the document. You must provide written proof of the rejection. | NotaryPro re-notarizes the document for resubmission to the recipient. If the document is rejected a second time, 100% refund. |
| Client Error | Your document contains errors, typos, or mistakes that were missed by you prior to the appointment, OR you failed to confirm with your recipient that they would accept electronic signatures. | Non-Refundable, or re-notarization at a discounted rate dependent on our discretion |
| Document rejected by recipient | The document was rejected by the recipient. You notified NotaryPro within 48 hours of the rejection and provided written proof of the rejection. | Upon reviewing proof of the rejection of the document, NotaryPro will contact the recipient to advocate for the authenticity of the document. If the recipient refuses to accept the document, and in-person notary service is not possible, a 100% refund will be applied. |
| No-show with prepaid appointment | You fail to join or attend the scheduled appointment. This is considered a “no show”. | Non-refundable, with option to reschedule appointment to complete service. |
| Client Cancellation | You canceled your appointment with either more or less than 48 hours’ notice, and did not rebook. | 100% refund if canceled more than 48 hours before appointment time. Full refund less $10 cancellation fee if canceled less than 48 hours before appointment time. |
All refunds are subject to final review and examination by NotaryPro, and NotaryPro reserves the right to contact the recipient for confirmation that the document was rejected, and/or for the purposes of proving the authenticity, veracity and genuineness of the document’s notarization or commissioning in support of your submission.
You, the client, accept responsibility for ensuring the recipient of your document will accept an e-signed and/or digitally commissioned document prior to all remote online notary services appointments. Documents can be commissioned online, but can only be notarized in person.
Any amounted refunded or credited shall only apply to the rejected document in question and shall not apply to any other add-on services and/or document(s) paid for by you to NotaryPro Canada at the same time, same appointment, and/or in any related transaction respecting the same or other documents.
For our full refund policy, please review our Terms and Conditions.
What is your refund policy for in-person appointments (i.e. pen and paper notarizations)?
If your virtually commissioned documents are not accepted for reasons resulting from a NotaryPro notary public’s service and/or any error, NotaryPro Canada shall re-commission your document free of charge.
All in-person notarization transactions are final and NotaryPro shall not issue a refund for payment for any re-notarization offered or provided.
You, the client, assume all responsibility for the document once it is notarized, including, but not limited to, the submission, mailing, shipping, faxing, emailing and/or any other physical or digital transmission of the notarized document.