Legislative Amendments Allow for Remote Commissioning Beyond COVID-19

The regulation changes in Ontario to the Commissioners for Taking Affidavits Act now allow for documents to be commissioned remotely by virtual means in Ontario.

The amendments, effective August 1, 2020, state the following:

1. An oath or declaration may be taken by a deponent or declarant without being in the physical presence of the person administering the oath or declaration;

2. Despite subsection (1), if the regulations made under this Act so provide and the conditions set out in the regulations are met, an oath or declaration may be taken by a deponent or declarant in accordance with the regulations without being in the physical presence of a commissioner, notary public or other person administering the oath or declaration.

Additionally, the amendments set out new conditions and requirements for Lawyers and Paralegals who are engaging in virtual commissioning, including:

1. The oath or declaration is being administered by an electronic method of communication in which the person administering the oath or declaration and the deponent or declarant are able to see, hear and communicate with each other in real time throughout the entire transaction.

2. The person administering the oath or declaration confirms the identity of the deponent or declarant.

3. A modified version of the jurat or declaration is used that indicates,

   1. that the oath or declaration was administered in accordance with this Regulation, and

   2. the location of the person administering the oath or declaration and of the deponent or declarant at the time of the administering.

4. In the case of a commissioner to whom section 5 of the Act applies, the information on the stamp required to be used under that section appears on or in the document being signed.

5. The person administering the oath or declaration takes reasonable precautions in the execution of the person’s duties, including ensuring that the deponent or declarant understands what is being signed.

See the full list of Amendments to the Commissioners for Taking Affidavits Act and the Law Society of Ontario’s Best Practices for Remote Commissioning.

If you’re interested in remote commissioning documents, see how our Remote Signing Portal works.

Interested in Remote Commissioning Documents?

See our Remote Signing Portal