Is Online Notarization Legal in Canada & Ontario 

Online Notary   |    Oct 17, 2024      | By: Harbir Singh

In recent times, the ways in which we conduct business and sign important documents has changed, adding an extra layer of convenience along the way. Technology is rapidly evolving many aspects of business. With these changes, it has many people asking the question: Is online notarization legal in Canada? The short answer is, yes. But it is important to note, not all documents can be notarized online. Most documents requiring commissioning and declarations can be done online.

Notarization in Canada - What is it?

The process of notarization includes a notary public witnessing and verifying the identity and signing of documents. In a traditional sense, this was always done in-person, this is why most people are unaware of the online process that was implemented during the COVID-19 pandemic. As of May 12, 2020, under Bill 190, the Notaries Act was amended by the Ontario Government to allow a notary public to “exercise his or her powers without being in the person’s physical presence.” This was a major change that was accelerated due to the COVID-19 pandemic.

The Legal Structure

 The laws behind notary services can vary from province to province. In Canada, each province can set its own rules and regulations for the notarization process, including the use of technology for these services. More information below:

1.      Regulation by Province: Several provinces have reworked their laws to allow for remote/online notarization. This includes Ontario, Alberta, and British Columbia who have set guidelines permitting notary publics to conduct remote commissioning services.

2.      Verifying Identity: Several regulatory bodies like the Law Society of Ontario require that when a notary public is conducting online notary services, they must use an approved technology to verify a person’s identity. This helps confirm the person’s identity and help combat any potential fraud.

3.      Signing Electronically: In Ontario electronic signatures are recognized as legally binding under the Electronic Commerce Act. Therefore, electronic signatures are as valid as signatures signed in-person.

The Online Notarization Process

When a notary public conducts the online notarization process, it generally involves the following steps:

1.      Scheduling of Appointment: The first step is for a client to book a virtual appointment with a licensed notary public.

2.      Verify Identity and Video Conference: The client will be sent an identity verification link and will need to show their valid government I.D. during the video conference as well. During the video conference the notary will ensure the client understands the documents being notarized.

3.      Review of Document & Sign/ Oath: The notary public will review the documents, and if all is good, will have the client take the applicable oath and signature. The notary will then proceed with the notarization.

4.      Secure Storage of Document(s): The notary public will securely store the document and send an electronic copy to the client.

What Are the Benefits of Online Notarization?

There are various benefits to online notarization, including:

·         Convenience: Persons in need of notary services can benefit from being able to have the notarization process done from home.

·         Cost-saving: Any expenses involved in travelling to a notary public, including fuel, or transportation fare can be avoided.

·         Timesaving: Reduces travel time, no need to travel to a notary.

·         Accessible: It is easily accessible, especially for those with mobility challenges.

Conclusion

I hope any doubts regarding online notarization for you, have been solved after reading this blog. Online notarization is a process that was accelerated and implemented during the COVID-19 pandemic. There are rules and regulations that were amended to allow the process in various provinces in Canada, including Ontario.

If you are looking for online notarization services, feel free to contact us at HSB Legal Services today!

Contact HSB Legal Services & Notary Public

If you are looking for a reliable notary near you contact us today. We offer in-person, online and mobile notary services.

Whether you are looking for a notary in Etobicoke, notary near Brampton, notary near Mississauga, notary in Toronto, notary near Humber College, notary near Vaughan, notary near Woodbridge, or a notary near you, contact us today.