Ontario law treats commissioning of oaths and declarations and notarization as two separate acts with two separate sets of rules. The distinction matters: remote, video-based work is permitted for one and prohibited for the other. Getting this wrong can result in a document being rejected by a court, a government, or a counterparty.
This article explains what an Ontario commissioner of oaths can do by video under O. Reg. 431/20, what they cannot, and why notarial acts still require in-person attendance under the Notaries Act.
The legal distinction in one line
- Commissioning an oath, affirmation, or statutory declaration — the act of administering a sworn or affirmed statement to a deponent — can be done remotely by two-way audiovisual in Ontario under the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 and O. Reg. 431/20.
- Notarization — the application of a notary public’s seal to witness a signature, certify a true copy of an original document, or authenticate a signature for use abroad — still requires the notary and the client to be physically together under the Notaries Act, R.S.O. 1990, c. N.6.
The Law Society of Ontario has issued formal guidance confirming that online or video-based notarization is not legally valid in Ontario. A document “notarized” remotely is not a properly notarized document.
What you can do by video: remote commissioning
Under O. Reg. 431/20, a commissioner for taking affidavits in Ontario can administer an oath, affirmation, or statutory declaration to a deponent who is in a different physical location, as long as the following conditions are met:
- Real-time, two-way audio and video. The session must be live and interactive. Pre-recorded video or asynchronous chat is not permitted. Telephone-only commissioning is also not permitted — both audio and video are required.
- Identity verification. The commissioner must inspect a current, unexpired government-issued photo identification (passport, driver’s licence) held up to the camera. A photocopy or scan is not acceptable.
- Modified jurat. The jurat (the commissioner’s certificate at the end of the document) must state that the oath or declaration was administered remotely in accordance with O. Reg. 431/20, and must identify the physical location of both the commissioner and the deponent at the time.
- Confirm voluntariness and understanding. The commissioner must confirm that the deponent understands the content of the document and is signing voluntarily, free of off-camera duress. Many commissioners ask the deponent to perform a quick 360-degree camera sweep of the room to confirm no third party is present.
- Records. The commissioner must keep a record of the transaction, including a copy of the executed document and the date and time of the session.
Remote commissioning under O. Reg. 431/20 is a permanent feature of Ontario law — not a temporary pandemic measure — and is recognized for use in Ontario courts and tribunals.
What you cannot do by video: notarial acts
The following acts require a notary public seal and must be performed with the notary and the client physically together. They cannot be done by video:
- Certifying a true copy of an original document (the notary must see the original physically).
- Witnessing the signature of a contract, deed, or power of attorney for use outside Ontario.
- Applying the notarial seal to a document destined for an apostille from Official Documents Services.
- Notarizing US-bound or other foreign documents.
- Authenticating a signature on a passport application, citizenship document, or foreign identity document.
The Notaries Act, s. 3(3), contains a regulation-making power that could allow remote notarization in the future, but no such regulation has been made. As of 2026, in-person attendance is mandatory for all notarial acts.
Common scenarios and what’s permitted
- Court affidavit for an Ontario civil proceeding — commissioning is required, notarization is not. Can be done remotely under O. Reg. 431/20.
- Statutory declaration of common-law status for a government program — commissioning. Can be done remotely under O. Reg. 431/20.
- Certified true copy of a passport for an overseas employer — notarization required (notary seal on the copy). Must be done in person.
- Power of attorney for a US real estate closing — notarization required (notary witnesses signature and applies seal). Must be done in person.
- Travel consent letter for a minor — typically a witnessed signature, not a sworn statement. If the receiving country requires a notarized travel consent, it is a notarial act and must be done in person. Best practice is to have it notarized in person regardless.
- Ontario document for an apostille from ODS — must be notarized in person before submission.
Who is permitted to do this work
Lawyers and licensed paralegals in good standing with the Law Society of Ontario are commissioners for taking affidavits by virtue of office under O. Reg. 386/12 and are eligible for full notary public appointments under the Notaries Act. As of March 1, 2026, articling students and Law Practice Program candidates are also commissioners by virtue of office under O. Reg. 20/26, restricted to work performed during their formal placement. Other applicants (corporate compliance officers, municipal clerks, government officials) can apply for restricted appointments through the Ministry of the Attorney General.
Practical tips before booking a remote session
- Ask the recipient of the document — court, agency, employer, counterparty — whether they will accept a remotely-commissioned document. Some out-of-province recipients still prefer wet-ink.
- Check whether the document needs a notary seal, not just a commissioner. If yes, book an in-person appointment.
- Have your government-issued photo ID ready, in physical form, before the session.
- Confirm that your jurat references O. Reg. 431/20 and both party locations.
- For documents going abroad and ultimately requiring an apostille, plan for in-person notarization, then ODS apostille.