Online Notarization in Canada: Legal, Convenient, and Secure

In Canada, the legal framework for online notarization, also known as remote online notarization (RON), has evolved to accommodate the growing demand for digital services. This shift has been particularly significant in provinces like Ontario and British Columbia.

Ontario’s Legal Framework

In Ontario, the Electronic Commerce Act, 2000, establishes that a legal requirement for a document to be signed can be satisfied by an electronic signature. This was further reinforced on May 12, 2020, when the Ontario government amended the Notaries Act under Bill 190, allowing notaries public to exercise their powers without being in the physical presence of the signatory.

Additionally, Ontario Regulation 431/20, under the Commissioners for Taking Affidavits Act, provides a comprehensive framework for administering oaths and declarations remotely. The regulation ensures the integrity and security of the process through the following key provisions:

1. Real-Time Interaction: The notary and the individual must communicate via a secure video conference that allows for real-time interaction.
2. Identity Verification: Notaries are required to verify the identity of the individual, typically through government-issued photo ID.
3. Modified Jurat Requirements: The notarized document must include a notation specifying that it was done remotely and indicate the locations of both parties.
4. Notary Seal or Stamp: Any required seal or stamp must be included on the document.
5. Record-Keeping: Notaries must maintain a record of the transaction for compliance and future reference.

These measures ensure that remote notarization in Ontario is secure, reliable, and compliant with provincial laws. For more details, refer to the official Ontario Regulation 431/20.

British Columbia’s Adoption

Similarly, British Columbia permits electronic signatures under the B.C. Electronic Transactions Act, facilitating the acceptance of e-signatures and digital notarizations within the province. This has made it easier for individuals and businesses to authenticate their documents without the need for in-person visits.

National Perspective

While these developments in Ontario and British Columbia have paved the way for online notarization, it’s important to note that acceptance and implementation can vary across other provinces and territories. Therefore, individuals seeking online notarization services should verify the specific regulations and acceptance criteria within their respective jurisdictions.

Conclusion

The legalization and adoption of online notarization in Canada, particularly in provinces like Ontario and British Columbia, reflect a significant advancement in modernizing legal processes. With frameworks like Ontario Regulation 431/20 ensuring compliance and security, online notarization offers enhanced convenience and accessibility for individuals and businesses, aligning with the digital transformation of services nationwide.