What is an Online Notary?
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How to commission or notarize documents remotely with NotaryPro
Traditionally, notary services have been provided solely as an in-person service. This meant that if you found out that you needed a document notarized, that you’d need to find an in-person notary public, lawyer, paralegal or law student to verify your identity and apply their seal to your document. However, since 2013 in the United States, that’s no longer the case! With the advent of online notary services, notarization has become increasingly convenient – and much less time consuming.
However, there are important differences in the terms used in Canada versus the U.S., so we need to be clear about what “online notary” means when most Canadians call it that.
In this blog post, we’ll explore the concept of online notaries, address the legality of online notarization in Canada, explain the difference between remote commissioning and online notarization, and provide a step-by-step guide on how to use an online signing service. Additionally, we’ll touch upon the need for additional witnesses and list some of the most popular documents that can be notarized online.
What is an Online Notary?
A notary public is a qualified legal professional who is authorized to witness the signing of important documents and administer oaths. In some cases, you may also be able to get a lawyer, paralegal, or law student to notarize your documents.
In Ontario, almost all notaries are also commissioners of oaths, a nearly identical role. The distinction is that commissioners are expressly regulated to provide the remote administration of oaths, pursuant to Ontario Regulation 431/20 to the Commissioners for Taking Affidavits Act. In Ontario, notaries are regulated by the Notaries Act, and there is not yet a similar regulation.
Instead of needing to locate a notary or commissioner near you, the simple signing of most documents under oath can now be completed online via remote commissioning. Many documents, like Affidavits, Statutory Declarations and many Government Forms can be commissioned online by a commissioner of oaths.
Notary services for life and business
There are many times throughout your life where you’ll encounter documents that need to be notarized. These personal milestones can include attending post-secondary school, getting married, travelling with children, or gifting a vehicle to a family member. Fortunately, documents like these can also be customized online with NotaryPro’s document creator – that way, you won’t need to worry about finding a template, writing your affidavit by yourself, or having a lawyer draft your document.
For businesses without legal departments, getting timely notary services used to be challenging. Printing, handwriting, commuting and waiting to meet with a notary can translate into hours of wasted time. Completing customized documents online, like the Registrant Identification Number Request Letters, or notarizing forms like the CCDC 9A/B, can take minutes instead of hours. Online notary services are especially valuable for international businesses where the parties are unable to meet at a local notary office. Click here to learn more about NotaryPro for business.
Are online notary services legal? Is it the same thing as virtual commissioning?
The short answer is: Yes! The act of virtual commissioning (i.e. digitally signing a document before a commissioner or notary) is legal in Ontario.
Since March 2020, provincial laws across Canada have rapidly changed to allow online notary and commissioning services. For example:
- British Columbia permits e-signatures under the BC Electronic Transactions Act.
- In Ontario, the Electronic Commerce Act establishes that electronic signatures are valid as a form of signature.
- As of August 2020, the Ontario Government amended the Commissioners for Taking Affidavits Act to establish Ontario Regulation 431/20 establishing that an oath may be administered remotely.
- Under the Ontario Notaries Act, a notary public may exercise the same powers as a commissioner for taking affidavits (also known as a commissioner of oaths).
These amendments mean that Ontario notaries can provide virtual commissioning services for clients anywhere in the world, because the seal of an Ontario notary public is accepted across Canada and almost anywhere around the globe.
Using an online notary service is easy! Here’s how it works:
1. Upload your documents and ID
While you’re uploading your documents, you’ll be asked to confirm the number and type of documents you need notarized.
2. Double check your tech
Since your session is remote, you’ll need a desktop, laptop, or tablet with a reliable Internet connection. You’ll also need a camera, speakers, and microphone to easily see and speak with your notary.
3. Join the queue or book an appointment
If you choose NotaryPro’s Instant Notary service you’ll be able to see your position in line, and as soon as your notary is ready, you’ll be prompted to join your appointment. From start to finish, this service can take as little as 10 minutes.
4. Notarize your documents
Your notary will guide you through the entire process to ensure your documents are completed correctly. This helps us maintain our 99.9% document acceptance rate!
5. Check your email
After your appointment, your notarized documents will be sent directly to your inbox.
For additional tips check out our blog post, Your Guide to Online Instant Notary Services
What if I need additional witnesses?
If your document requires additional witnesses, such as a will, the online notary can guide you through the process of having these witnesses join the video call to observe the signing. Each witness will need to provide government-issued photo identification and confirm their presence during the signing, ensuring the document’s validity.
Most commonly notarized documents
Online notary services are versatile and can assist with a wide range of documents. Some of the most popular documents that can be notarized online include:
Documents that can’t be notarized or virtually commissioned online
There are a few limitations for documents that don’t yet qualify for our online notary services, these include: Last Will & Testament and Power of Attorney (please book our Virtual Witnessing service for these instead!), Trusts (including Testamentary Trust), Negotiable Instruments (Cheque, Promissory Notes, Loan Agreements, etc), Payment Bond or letter of credit, a document of title (e.g. bill of sale, deed), Certified true copies of original paper/printed documents (i.e. “notarized copies”) and Separation Agreements/Divorce Agreements.
With more than 200 locations across Canada, and evening and weekend availability, NotaryPro is happy to help with these documents! You can choose the location nearest you and book an appointment online. Please visit our Find-a-Notary page to find an in-person notary public near you.
The rise of online notary services like NotaryPro’s has undeniably transformed the landscape of document notarization. No longer confined to the constraints of physical presence, individuals and businesses alike can now access notary services conveniently from their own devices. The legality of online notarization in Canada, supported by legislative changes, has paved the way for this technological advancement.
With step-by-step guidance on how to utilize these services and the option for additional witnesses when needed, the process has never been more accessible and efficient.
From personal milestones to business transactions, online notary services like NotaryPro have made it possible to save time and streamline the notarization process. So, no matter what you’re notarizing, the future of notary services is online.