In Ontario, you can get a document notarized by visiting the office of a notary public. The notary public will physically verify your identity through government-issued photo identification and will personally witness you signing the document, or require you to swear or affirm that the facts in the document are true. This process helps prevent identity fraud and other fraudulent transactions. It also maintains the integrity of the document signing process. A majority of notary public offices in Ontario are run by lawyers licensed to practice under the rules of the Law Society of Ontario. Most lawyers are also authorized to provide notary service.
Finding a Notary Public
You can find a professional notary public in your area through a simple Google search. One prominent notary office in GTA is Notary Place, they have locations all over the GTA region and even provide a Mobile Notary Service.
New Legal Changes Allow Online or Virtual Notary Services in Ontario
Generally, you must physically attend a notary public’s office to have your documents notarized. However, due to the COVID-19 outbreak and social distancing measures, effective March 16, 2020, the Law Society of Ontario has allowed lawyers to commission documents online through video and online signing applications.
Therefore, lawyers in Ontario are now able to commission and sign documents remotely through a video call. The process is also called E-Notarization, Online Notarization, or Virtual Notarization. You don’t need to download any software or application on your computer. The only thing you’d require is a webcam on your computer. Alternatively, a mobile video call can also work, such as WhatsApp or Skype, etc.
How the Online Notarization Process Works
For online notary service, your document must be in electronic format. If you don’t have it in electronic format and only have a paper copy, you can scan the document and send the electronic version to the notary public.
A notary public is legally required to verify the identification of a person signing a document and ensure that the person signing the document is of sound mind at the time of signatures and there is no coercion or threat involved. In order to comply with this requirement, a notary public will ask you to show a government-issued photo identification during the video call, and may also ask you some basic questions relating to your identification or the document to be signed remotely.
Pros and Cons of Online Notarization
When a notary public signs a document remotely, it is done through a secure electronic key (such as PDF Signature) or some other software. The final document is not similar to the one usually signed physically by a notary public in their office. Therefore, the party who is relying on the notarized document may refuse to accept a virtual or online notary signature. If the notarized document is being sent out of Canada after legalization by a foreign government’s consulate or embassy in Canada, the said consulate or embassy may refuse to accept the digital or online signature of the notary public.
Another drawback is you must have a digital copy of the document which is required to be notarized. Alternatively, you must have a scanner through which the document can be scanned and sent to the notary public. In the absence of these, you might not be able to complete the notarization process.
Online data breach and privacy issues are involved during virtual or online notarization. Good practices and industry tools should be used to avoid any such issues.
Most notary offices will usually charge an extra fee for online or virtual notary service.
On the other hand, there are many benefits of a virtual or online notarization. Such as the following:
- Online notarization is time-saving and convenient. The whole process can be completed from the comfort of your home or office, even while you are traveling. All you need is a computer and an internet connection.
- Any change or correction in the document can be done quickly and without the hassle of making repeat visits to the office of a notary public.
- Online notarization is specifically very helpful for someone living in a remote location. You can even get a document notarized from a cottage during vacation.
- Bad weather or other logistical problems would not be hurdle since the whole process is online and doesn’t involve any traveling or physical attendance at the office of a notary public.
In short, in Ontario, the virtual or online notary service is still evolving, especially in the aftermath of COVID-19 pandemic and social distancing measures in place. Certain new issues are still coming up which notary offices are trying to fix while complying with the legal requirements. As the process evolves more, online notarization will become commonplace for both notary offices and customers.