Are Online Notary Services Legal?

In today’s digital age, the convenience of online services has extended to various aspects of our lives, including notarization. Online notary services have gained popularity worldwide, offering a faster and more accessible way to have documents notarized. Despite this, it’s still unclear whether or not these services are legal. The short answer is: yes! In this blog, we’ll be diving deeper into specifics. Read on!

Understanding Notarization

Before diving into the legality of online notary services, it’s crucial to understand what notarization entails. A notary public is a legal professional who plays a vital role in verifying the identity of someone signing documents. They act as impartial witnesses to prevent fraud and ensure documents, such as affidavits, contracts, and government forms are ready to submit to the end recipient.

Traditionally, notarization involves physically presenting documents to a notary public, who verifies your identity, witnesses your signature, and affixes their official seal to the document. This process adds credibility to the document and helps prevent forgery.

The Legal Landscape for Online Notarization in Canada

Canada is a confederation of ten provinces and three territories, each with its own set of laws and regulations. As a result, the legal landscape regarding notary services varies between the provinces and territories.

In Ontario and British Columbia, the law has been officially amended to permit online notarization, recognizing the importance of adapting to modern technological advancements – especially after the COVID-19 pandemic. Read more about the specific changes in our blog post: Are remote online notary services legal and valid across Canada and globally?

Key Considerations for Notarizing Documents Online

Final Recipient 

While electronic signatures and notary seals are legally recognized, it’s best to check with the party receiving your document to ensure that they’ll accept it. Companies may have specific policies that require wet-ink signatures and seals, even though most have no problem accepting digital versions. NotaryPro’s documents have been accepted by places like The Government of Canada, U.S. Customs and Border Protection, and many more.

Identification

Online notary services use video conferencing to verify the identity of the individuals involved. NotaryPro’s remote online notary platform adheres to strict identity verification standards and to meets the necessary legal requirements to ensure the validity of your notarization.

Document Types

While there may be some situation-specific exceptions, the following documents are not yet eligible for online notarization:

• Last Will & Testament (these must be physically signed – book our “Last Will & Testament” virtual witnessing service)
• Power of Attorney (these must be physically signed – book our “Power of Attorney” virtual witnessing service)
• Trusts (including Testamentary Trust)
• Negotiable Instruments (Cheque, Promissory Notes, Loan Agreements, etc)
• Payment Bond or letter of credit
• A document of title (e.g. bill of sale, deed), except a contract of carriage (see s. 31 of the Ontario Electronic Commerce Act, 2000)
• Certified true copies of original paper/printed documents (i.e. “notarized copies”)

After you’ve confirmed that your document can be legally notarized in Canada, it’s important to double-check that the recipient of your document will accept your digital signature and notary seal. With the right guidance and service from NotaryPro, you can enjoy the convenience of online notarization while ensuring the acceptace of your documents.