Can a document be notarized virtually?

https://lnkd.in/gaK5PJ-v

The Law Society has been made aware of a proliferation of online notary services being offered in Ontario. The Notaries Act does not permit notaries to exercise their powers without being in the person’s physical presence. Licensees offering online notary services may be subject to regulatory action by the Law Society.

Under the Notaries Act, R.S.O. 1990, c. N.6 , virtual notarization is contemplated in section 3(3) of the Notaries Act which states the following:

Powers

3 (1) Subject to subsection (2), a notary public may,

Not in person

(3) Despite any requirement in law to exercise his or her powers in a person’s physical presence, if the regulations made under this Act so provide and the conditions set out in the regulations are met, a notary public may, in accordance with the regulations, exercise his or her powers without being in the person’s physical presence. 2020, c. 7, Sched. 13, s. 2.

As laid out above, a notary can notarize a document or signature virtually IF it is in accordance with the relevant regulations under the Notaries Act.

Currently, the only regulation under the Notaries Act is R.R.O. 1990, Reg. 831 is the following:

FEES, which sets out the fees for becoming a notary in Ontario. As such, while there is a framework for allowing virtual notarization in the future, it is not currently allowed under Ontario law.

The Law Society has put out a Notice to the Profession - a document, presently, CANNOT be notarized virtually!

This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.