Do Online Notaries Hold the Same Legal Power in Canada?
Do Online Notaries Hold the Same Legal Power in Canada? A Complete Guide
In today's digital world, many traditional in-person services are moving online—including notarization. While virtual notary services have gained popularity in the United States, many Canadians find themselves wondering: do online notaries hold the same legal power in Canada as traditional notaries? This comprehensive guide will answer this important question while exploring the evolving landscape of notarial services across Canada's provinces and territories.
By the end of this article, you'll understand the legal status of online notarization in Canada, how it differs from traditional notarization, and what options are available to you depending on your province or territory. We'll also provide practical advice for those needing notarial services in today's increasingly digital environment.
The Legal Status of Online Notaries in Canada: Province-by-Province Breakdown
Unlike the United States, where many states have embraced remote online notarization (RON), Canada has taken a more cautious approach. The legal status of online notaries varies significantly by province and territory, creating a patchwork of regulations across the country.
British Columbia: Leading the Way
British Columbia has been the most progressive Canadian province in terms of remote notarization. In 2020, in response to the COVID-19 pandemic, BC enacted amendments to the Legal Profession Act allowing lawyers who are notaries public to provide remote notarization services. This means that in BC, properly conducted online notarizations do hold the same legal power as traditional ones, but only when performed by lawyer notaries following specific protocols.
Key Requirements in BC:
- Audio-visual technology must allow for direct, real-time communication
- Identity verification must be conducted following strict guidelines
- The notary must create and retain a recording of the notarial session
- Electronic signatures must comply with the province's electronic signature requirements
Ontario: Temporary Measures Becoming Permanent
In Canada, "online notarization" typically refers to remote commissioning — where legal professionals administer oaths or declarations via real-time virtual platforms. In Ontario, this is permitted under Ontario Regulation 431/20 through virtual commissioning, not full RON as defined in the U.S.
Ontario initially permitted remote notarization as a temporary emergency measure during the pandemic. In 2022, the province made these changes permanent through amendments to the Notaries Act, allowing for remote commissioning and notarization. However, specific protocols must be followed, including:
- Real-time audio-visual connection is required
- Documents must be verified using specialized identity verification measures
- The notary must keep detailed records of the virtual session
- Both parties must follow strict digital signature protocols
Alberta, Saskatchewan, and Manitoba: Evolving Frameworks
These prairie provinces have introduced limited remote notarization options, primarily for lawyers who are also notaries. The legal frameworks continue to evolve, with current requirements including:
- The notary must be a practicing lawyer in the province
- Specific identity verification protocols must be followed
- The session must be conducted through approved secure platforms
- Digital signatures must meet provincial standards for legal documents
Quebec: A Unique Civil Law Approach
Quebec's civil law system creates a different framework for notarial services. The Chambre des notaires du Québec has authorized remote notarization for Quebec notaries, who hold significant legal powers in the province. Documents notarized online by a Quebec notary hold the same "authentic act" status as traditional notarizations when proper procedures are followed.
Atlantic Provinces and Territories: Limited Options
In New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, and the territories (Yukon, Northwest Territories, and Nunavut), online notarization remains limited. Some temporary measures introduced during the pandemic allowed for remote commissioning of affidavits, but comprehensive remote notary services remain restricted.
Traditional vs. Online Notarization in Canada: A Detailed Comparison
| Feature | Online Notary | In-Person Notary |
|---|---|---|
| Convenience | Complete from anywhere with internet | Must travel to physical location |
| Availability | 24/7 service | Limited to business hours |
| Cost | $15–$40 per session | $20–$40 per signature (varies by Province) |
| Document Types | Most common documents (restrictions apply) | All document types |
| Technology Required | Computer/smartphone with camera, internet | None |
| ID Verification | Digital verification, KBA questions | Physical ID check |
| Record Keeping | Digital audio/video recording | Paper journal entry |
| Legal Recognition | Valid in Canadian provinces that authorize remote online notarization, such as Ontario and British Columbia | Universally accepted |
| Processing Time | 1–5 minutes | Varies by location and appointment |
| International Use | Limited recognition | Better for international documents |
Step-by-Step Guide: How to Use an Online Notary in Canada
If you're in a province where online notarization is permitted, follow these steps to ensure your documents are properly notarized with full legal effect:
1. Determine if Your Document Qualifies for Online Notarization
Not all documents can be notarized online, even in provinces that permit remote notarization. Documents that typically qualify include:
- Affidavits
- Statutory declarations
- Consent to travel letters
- Powers of attorney (in some provinces)
Documents that often cannot be notarized online include:
- Land title documents (in most provinces)
- Wills and testamentary documents (in most provinces)
- Some immigration documents
2. Find a Properly Authorized Online Notary
Ensure your notary is:
- Licensed to practice in your province
- Specifically authorized to conduct remote notarizations
- Using a compliant technology platform
Where to find qualified online notaries:
- Provincial law society referral services
- Notaries' associations websites
- Legal technology platforms that connect clients with online notaries
3. Prepare for Your Online Notarization Session
Before your appointment:
- Have your government-issued photo ID ready
- Prepare the document(s) in digital format
- Test your camera, microphone, and internet connection
- Be ready to share your screen or upload documents
4. Complete the Online Notarization Process
During the session:
- Present your ID to the camera when requested
- Follow the notary's instructions for signing documents
In many provinces throughout Canada, virtual signing online is legal, legitimate and accepted by many government institutions, including:
- Service Ontario / Ministry of Finance documents (including Sworn Statement for the Transfer of a Used Vehicle in the Province of Ontario and Sworn Statement for a Family Gift of a Used Vehicle in the Province of Ontario forms)
- Affidavits (any type) including OSAP affidavits
- Statutory declarations (including CCDC 9A)
- Recommended consent letters for children traveling abroad
- Delayed birth registration forms
- Applications to amend birth registration
- Declarations affirming parentage
- Elections to change of name of child under the age of 12
- Statutory declarations by an applicant to correct an error in registration
- Legal name change applications
- Blank statutory declarations
- Insurance claims
- Common law status affidavits
- Special invitations to family members overseas
- Passport applications (in lieu of guarantor)
- Pension purpose attestations of recipient being alive and confirming their residency
- Residency documents
- Lost passports
- Single status certificates
- Federal government permanent residency card applications
- Municipal information forms (MIF) for liquor license
- Affidavits waiving vaccinations based on religious grounds
- Any document requiring the signature of a lawyer, notary or commissioner which can be commissioned
Are online notarizations legally binding in Canada?
The legal binding nature of online notarizations depends entirely on your province or territory. In British Columbia and Ontario, properly conducted online notarizations are legally binding when performed by authorized notaries following provincial protocols. In other provinces, legal recognition is more limited and may only apply to specific document types or situations. Always verify the current regulations in your specific province before proceeding with online notarization
What types of documents cannot be notarized online in Canada?
Even in provinces that permit online notarization, certain documents remain ineligible for remote services. These typically include land title transfers, some real estate documents, wills and testamentary instruments in most provinces, certain immigration forms requiring in-person verification, and documents that must be filed with foreign governments that don't recognize online notarization. The specific restrictions vary by province and change periodically as regulations evolve
Can I use a US-based online notary service for Canadian documents?
Generally, no. Notaries must be authorized to practice in the Canadian province where the document will be used. US-based online notary services typically cannot provide legally valid notarization for Canadian documents. Using an unauthorized service could result in your documents being rejected by Canadian authorities, institutions, or courts. Always verify that your online notary is authorized to practice in your specific Canadian province
How much does online notarization cost in Canada compared to traditional services?
Online notarization in Canada typically costs between $25 and $100 per document, which is comparable to or slightly higher than traditional in-person services. However, when you factor in travel time, transportation costs, and convenience, online services may offer better overall value. Prices vary based on document complexity, the notary's experience, and whether additional services (such as document preparation) are included.
If my province doesn't allow online notarization, what are my alternatives?
If you're in a province where online notarization isn't permitted, consider these alternatives:
Mobile notary services that come to your location
Scheduling an in-person appointment at a notary office, law firm, or service center
Using commissioner of oaths services for affidavits and statutory declarations (which may have different requirements)
For urgent matters, check if your province has temporary emergency provisions for remote services
For international documents, contacting the relevant consulate or embassy for guidance
