Online vs In-Person Notarization of Documents in Ontario: What Can and Can't Be Notarized Online?

If you’re trying to get a document signed online in Ontario, it’s important to understand the difference between commissioning and notarization. They are not the same – and only one of them is allowed to be done remotely.

While remote commissioning is permitted, remote notarization remains prohibited.

✅ What You Can Do Online: Remote Commissioning

In Ontario, you’re allowed to sign certain documents online through a process called remote commissioning. This means a licensed lawyer or paralegal (also known as a commissioner) can witness your signature and take your oath over video call.

This is legal under Ontario Regulation 431/20, and has been in place since 2020.

Many documents (such as affidavits or statutory declarations) do not have to be notarized – they can be commissioned and will have the same force.

❌ What You Cannot Do Online: Notarization

Unlike commissioning, notarization must still happen in person in Ontario.

So, if someone tells you that you can notarize something online - they’re wrong (at least for now). The law doesn’t allow notaries public to perform their duties remotely yet.

The good news is that if you need to notarize an affidavit or declaration, you do not necessarily need to look for a notary public. This can be done by a commissioner remotely.

In this table, we have listed examples of documents that can be commissioned online and those that still require in-person notarization.

Examples of documents that can be commissioned online

Examples of documents that must be notarized in-person

Affidavits (e.g., for OSAP applications, legal proceedings) Statutory declarations (e.g., for residency, common-law status) Insurance claims Pension-related declarations Any government form requiring a commissioner’s signature ·       Declarations for name changes or birth registration ·       Separation Agreements; Divorce Agreements ·       Application for a correction to a Birth Registration ·       Insurance proof of loss form ·       Common law status declaration (imm5409) ·       Pension purpose attestations of the recipient being alive and confirming their residency ·       Statement of Conscience or Religious Belief ·       The Sworn Statement for the Transfer of a Used Vehicle in the Province of Ontario ·       The Sworn Statement for a Family Gift of a Used Vehicle in the Province of Ontario and many documents You can commission these documents remotely with a commissioner in Ontario.

Certified true copies of original documents ·       Documents requiring notarization for international use (e.g., passport applications, certain immigration documents, apostilled documents) ·       Consent Letter for children travelling outside Canada ·       A negotiable instrument (cheque, promissory note, loan agreement, etc.) ·       A document that is prescribed or belongs to a prescribed class under the Ontario Electronic Commerce Act, 2000 To notarize these documents, you must meet with notary public in-person.

Before booking, it’s a good idea to check whether the recipient (such as a government office or organization) will accept a document signed online. Some may still want an in-person signature.

Final Thoughts

The rules in Ontario allow online commissioning, but not online notarization. While this might change in the future, for now, you’ll still need to see a notary in person for certain types of documents.

If you’re not sure what your document needs, talk to us – we are happy to help!