Remote Commissioning of Oaths in Ontario: What You Can and Cannot Do

As digital services continue to expand across Ontario, many clients are turning to remote legal services for convenience and accessibility. One area that has seen significant growth is the remote commissioning of oaths and statutory declarations. While Ontario law permits certain documents to be commissioned remotely, there remains widespread confusion about what can—and cannot—be completed through virtual means.

At Oracle Legal Services, we regularly assist clients who require affidavits, statutory declarations, and other sworn documents commissioned remotely. However, it is equally important to understand the limitations of remote services, particularly when it comes to notarization and certifying true copies of original documents.

Remote Commissioning Is Legal in Ontario

Ontario Regulation 431/20, enacted under the Commissioners for Taking Affidavits Act, permits commissioners to administer oaths and declarations remotely, provided specific conditions are met. This includes the requirement that both the commissioner and the deponent must be able to see, hear, and communicate with each other in real time through an electronic platform.

Remote commissioning is commonly used for:

• Affidavits
• Statutory declarations
• Sworn statements
• Consent letters
• Simple legal forms requiring an oath or declaration

These services can be completed through video conferencing tools such as Zoom, Microsoft Teams, or other secure platforms, provided all legal requirements are satisfied.

Remote Commissioning Is Not the Same as Remote Notarization

Although remote commissioning is permitted, remote notarization is not allowed in Ontario. The Law Society of Ontario has clarified that online notarization services—where a notary public notarizes a document entirely through digital means—are not permitted under the Notaries Act.

This distinction is critical. A commissioner of oaths and a notary public perform different functions, and the law treats them differently when it comes to remote services.

Why Notarization Cannot Be Done Remotely

Notaries in Ontario are required to verify the authenticity of documents and signatures. This includes:

• Confirming the identity of the individual signing
• Reviewing original documents
• Ensuring the document has not been altered
• Affixing a notarial seal to the physical document

These steps require the notary to physically inspect the original document. As a result, notarization—including certifying a true copy of an original—cannot be completed remotely.

Certifying a True Copy Cannot Be Done Remotely

One of the most common misunderstandings involves the certification of true copies. A notary public must compare the original document to the copy in person. This process cannot be completed through video call or electronic submission.

To certify a true copy, the notary must:

• Physically examine the original document
• Verify that the copy is an exact reproduction
• Apply a notarial seal and signature to the copy

Because this requires physical inspection and sealing, it cannot be performed remotely under Ontario law.

Authenticity and Originality: Why Physical Inspection Matters

Authenticity is at the core of notarization. The notary’s role is to prevent fraud, ensure document integrity, and confirm that the copy presented is a true and accurate representation of the original. This level of verification cannot be achieved through digital means alone.

Regulators emphasize that remote notarization poses risks such as:

• Inability to verify original documents
• Potential for digital manipulation
• Identity fraud concerns
• Lack of physical seal application

For these reasons, Ontario continues to require in‑person attendance for notarization and true copy certification.

What You Can Do Remotely

While notarization must be done in person, remote commissioning remains a valuable and legally recognized service. Clients can complete many documents remotely, including:

• Affidavits for court
• Statutory declarations for government forms
• Travel consent letters
• Insurance forms
• Professional licensing declarations

These documents do not require a notarial seal and can be commissioned through a secure video call.

When You Must Attend In Person

You must attend in person for:

• Notarization of any document
• Certification of true copies
• Documents requiring a notarial seal
• International documents requiring legalization or authentication

These services require physical verification and cannot be completed remotely under current Ontario law.

Final Thoughts: Understanding Your Options

Remote commissioning has made legal services more accessible and efficient for many Ontarians. However, it is essential to understand the limitations of remote services to avoid delays, rejected documents, or legal complications.

At Oracle Legal Services, we provide both remote and in‑person services, ensuring that your documents are completed correctly, legally, and efficiently. Whether you need a statutory declaration commissioned remotely or a notarized true copy completed in person, our team is here to assist you.

To book a remote commissioning appointment or an in‑person notarization, contact us at 647‑872‑3484.

Disclaimer

This article is for general information purposes only and does not constitute legal advice. Each situation is unique and should be assessed based on its specific facts.