Virtual Commissioning

Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17

1 Persons who hold an office or an office of a class that is prescribed by the regulations made under this Act are, by virtue of office, commissioners for taking affidavits in Ontario. 2002, c. 18, Sched. A, s. 3 (1).

In person

9 (1) Every oath and declaration shall be taken by the deponent or declarant in the physical presence of the commissioner, notary public or other person administering the oath or declaration. 2020, c. 7, Sched. 4, s. 6.

Not in person

(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. 2020, c. 7, Sched. 4, s. 6.

Duty of commissioner, etc.

(3) A commissioner, notary public or other person administering an oath or declaration shall satisfy himself or herself of the genuineness of the signature of the deponent or declarant and shall administer the oath or declaration in the manner required by law before signing the jurat or declaration. 2020, c. 7, Sched. 4, s. 6.

O. Reg. 431/20: ADMINISTERING OATH OR DECLARATION REMOTELY

Remote administering of oath, declaration permitted

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, if the following conditions are met:

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,

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

ii. 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.

Records

2. Every person who administers an oath or declaration in accordance with section 1 shall keep a record of the transaction.