You may be in Iran or anywhere else in the world and need to complete a document for use in Ontario. Perhaps you must swear an affidavit, sign a Power of Attorney, have your signature authenticated, or obtain a certified true copy of a document.
Do you have to travel to Canada to complete the process?
Not necessarily. It depends on the type of document and the service required.
1. Remote Commissioning
Ontario law permits certain oaths and declarations to be administered remotely. This process is called Remote Commissioning.
At the scheduled time, you and the Notary Public or Commissioner meet through a live video call. The Commissioner confirms your identity, takes reasonable steps to ensure that you understand the document, and administers the required oath, affirmation, or declaration.
The document must also state that the oath or declaration was administered remotely and identify the location of both the Commissioner and the person signing the document.
Remote Commissioning is authorized by Ontario Regulation 431/20 and may be used for many affidavits and statutory declarations.
2. Remote Witnessing of a Power of Attorney
A Power of Attorney is different from an affidavit or statutory declaration.
Under Ontario’s Substitute Decisions Act, 1992, a Continuing Power of Attorney for Property or a Power of Attorney for Personal Care may be witnessed through live audio-visual communication, provided that the legal requirements are satisfied.
Among other requirements, there must be two witnesses, at least one witness must be a lawyer or paralegal licensed by the Law Society of Ontario, and the required signatures must be made contemporaneously. Complete and identical copies may be signed in counterpart and together form the Power of Attorney.
This process is called Remote Witnessing. It is not Remote Commissioning or Remote Notarization.
3. Services That Still Require an In-Person Appointment
Ontario has not yet authorized general Remote Notarization.
Therefore, if you need a Notary Public to authenticate an ordinary signature, certify a true copy of a passport or another document, or perform another notarial act, an in-person appointment is still required.
Before booking an appointment, it is important to determine whether your document requires:
Commissioning, witnessing, or notarization.
Choosing the correct service can prevent delays, additional costs, or rejection of the document.
This article provides general information about Ontario law and does not constitute legal advice.
Adel Zarei
Licensed Paralegal (Ontario)
Attorney at Law (Iran)
Leave a Reply