Are Online Signing Services Legal? What is Remote Commissioning?

Key Takeaways

• The online notary service many Ontarians know is legally referred to as remote commissioning, and it’s provided by a commissioner of oaths.
• Remote commissioning is legal in Ontario and British Columbia, but notaries and commissioners abide by different laws.
• Video conferencing is a tool used during remote commissioning to confirm identities and witness document signings.
• Wills, Powers of Attorney, Trusts, negotiable instruments, payment bonds, documents of title, and authenticated copies of originals must be signed in person.
• The recipient of a document legally signed online must agree to accept it.

The short answer is that in Ontario, what most people call “online notary service” is actually legally called remote commissioning, and it is provided by a commissioner of oaths (who is almost always also a notary). Confused yet? That’s ok! In this blog, we’ll be diving deeper into specifics to explain the differences. Read on!

Notarization vs Commissioning

Before diving into the legalities of online notary service (more common in the USA) vs. remote commissioning (what NotaryPro does), it’s crucial to understand what typical in-person authentication entails in Ontario. A notary public is a usually a licensed legal professional who plays a vital role in verifying the identity of someone signing documents. They act as impartial witnesses to prevent fraud and ensure documents, such as affidavits, contracts, and government forms are ready to submit to the end recipient.

In Ontario, notaries are regulated by the Notaries Act. Under the Notaries Act, notaries have all the powers of a Commissioner of Oaths (usually called a ‘commissioner’). Commissioners are regulated by the Commissioners for Taking Affidavits Act, and under this act and its regulations, they have the power to administer oaths remotely – a process typically called remote commissioning.

Traditionally, authentication involves physically presenting paper documents to a notary public, who verifies your identity, witnesses your signature, and affixes their official seal to the document. These actions can only be done in-person, in accordance with the Notaries Act. This process adds credibility to the document and helps prevent forgery.

The Legal Landscape for Online Notary Solutions & Commissioner Services in Canada

Canada is a confederation of ten provinces and three territories, each with its own laws and regulations. As a result, the legal landscape regarding notary services varies between the provinces and territories.

In Ontario and British Columbia, the law has been officially amended to permit the remote commissioning of documents, often called “online notary services” by clients and customers of NotaryPro, recognizing the importance of adapting to modern technological advancements – especially after the COVID-19 pandemic. Read more about the specific changes in our blog post: Are remote online notary services legal and valid across Canada and globally?

Key Considerations for Signing Documents Online

Final Recipient 

While electronic signatures and notary seals are legally recognized, it’s best to check with the party receiving your document to ensure that they’ll accept it. Companies may have specific policies that require wet-ink signatures and seals, even though most have no problem accepting digital versions. NotaryPro’s documents have been accepted by places like The Government of Canada, U.S. Customs and Border Protection, and many more.

Identification

Our platform uses video conferencing to verify the identity of the individuals involved. NotaryPro’s remote online signing platform adheres to strict identity verification standards and meets the necessary legal requirements to ensure the validity of your document.

Prohibited Document Types

While there may be some situation-specific exceptions, the following documents are not yet eligible for online signing with a notary:

• Last Will & Testament (these must be physically signed – book our “Last Will & Testament” virtual witnessing service)
• Power of Attorney (these must be physically signed – book our “Power of Attorney” virtual witnessing service)
• 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), except a contract of carriage (see s. 31 of the Ontario Electronic Commerce Act, 2000)
• Certified true copies of original paper/printed documents (i.e. “authenticated copies”)

After you’ve confirmed that your document can be legally signed in Canada, it’s important to double-check that the recipient of your document will accept your digital signature and notary seal. With the right guidance and service from NotaryPro, you can enjoy the convenience of online signing services while ensuring the acceptance of your documents.