Please reach us at ken@theonlinenotary.ca if you cannot find an answer to your affidavit online question or you can call to book your appointment 416 676 8334. There is no such thing as a bad question. We are here to help.
Are online commissioned documents legal and valid?
Yes, remote commissioning of affidavits, oaths, and statutory declarations is legal under O Reg 431/20, a regulation of the Commissioners for Taking Affidavits Act.
The Online Notary's affidavit online service complies with all the requirements of O Reg 431/20 and follows the Law Society of Ontario's Best Practices for Remote Commissioning.
Which documents can be commissioned online?
Which documents can be commissioned online?
The Most common documents are:
Court Affidavits for Small Claims Court, Superior Court, Affidavits of Divorce, Affidavits of Service, Financial Information Forms, FRO Repayment, IMMM Forms for Immigration Purposes.
Affidavits of identity, such as one and the same person, place of birth, OSAP, marital status, etc.
Vehicle Gift Transfers (sworn statement for a family gift of used vehicle for Service Ontario).
Invitation letters
Name Change Applications
Statement of Conscience or Religious Belief
CCD9A and CCD9B Statutory Declarations for Subsequent payments and release of holdbacks.
Why choose online commissioning services?
There are many benefits of using affidavit online commissioning services. Firstly, you don't have to leave your home or office. This can be very beneficial during poor weather conditions such as rain or snow. Secondly, it is affordable. Another benefit is it is done securely, over an encrypted video call, and you have easy access to your document by email as well as an audit trail showing the full transaction chain.
Can a Will or Power of Attorney be commissioned remotely?
Wills and Powers of Attorney in Ontario can be witnessed remotely and in counterpart, Yes. Your witness and the person signing the will will be on the video call and you will sign your document. The notary will witness the will signing and the witness, witnessing the will signing, and then sign in wet ink as a counterpart copy. Once we mail you our wet ink counterpart copy with affidavit online execution, both copies create a single legal will.
Are you allowed to remotely witness wills in Ontario?
Yes. The Ontario Government changes the Succession Law Reform Act on April 19, 2021 to permanently allow the remote witness of will in counterpart. In counterpart means that all witnesses don't have to be physically present at the will signing. So when the notary acts as the first witness, signs in wet ink, and notarizes the affidavit online of execution, when combined with the wet ink copy, you have a single valid legal will.
Does the Online Notary Draft Wills or Provide any Legal Advice?
No. We only act in the capacity of a notary/commissioner and do not provide and drafting or legal advice about wills or powers of attorney.
There are many solutions for will drafting and affidavit online services available online, and you can also contact an estate planning lawyer for assistance.
