Is Remote Notarization Permitted in Ontario?
With the rise of technology and the need for social distancing measures, many individuals and businesses are turning to remote methods for document execution and notarization. The question arises whether documents can be notarized remotely in Ontario?
Notarization is the process of verifying the authenticity of a signature on a document, and certifying that the person who signed the document appeared before the notary and acknowledged their signature. In the traditional sense, notarization is done in person, where the notary physically observes the signer sign the document.
However, with the advancements in technology and the changing needs of society, many jurisdictions have enacted laws that permit remote notarization. Remote notarization is the process of conducting a notarial act through the use of audio-visual technology. This means that the notary and signer can communicate with each other remotely, through a video conference platform, and the notary can observe the signer sign the document in real-time.
The requirements for remote notarization vary from jurisdiction to jurisdiction, but there are some common elements that must be met:
The notary must be licensed and authorized to perform notarial acts in their jurisdiction.
The notary must have proper equipment and technology to perform the remote notarization, including a secure video conferencing platform and a digital signature pad.
The notary must be able to verify the identity of the signer, which can be done through a combination of personal knowledge, photo identification, and digital signatures.
In the Province of Ontario, the Notaries Act, R.S.O. 1990, c. N.6 governs the practice of notaries public. The act provides the framework for notaries to perform their duties, including the authentication of signatures, the taking of affirmations, and the administration of oaths.
The Act stipulates that remote or virtual notarization is permitted only if a regulation made under the Act permits such a practice and the conditions. To date, no regulations permitting remote notarization or setting out the conditions for remote notarization have been made.
It is important to note that remote notarization is not yet universally accepted, and there are some jurisdictions that do not allow it. In these jurisdictions (such a Ontario), notarization must be done in person, and the notary must physically observe the signer sign the document. Additionally, some types of documents may not be suitable for remote notarization, such as those that require witnesses or additional signatures.
Ilia Morshedi
Ilia Morshedi is a Paralegal licensed by the Law Society of Ontario and an Immigration Consultant licensed by The College of Immigration and Citizenship Consultants (CICC). In addition to his responsibilities as Senior Consultant at MOR Canadian Immigration, he is the paralegal program coordinator at Toronto School of Management.
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