Virtual Notarizing of Documents

Notaries Act, R.S.O. 1990, c. N.6

Powers

3 (1) Subject to subsection (2), a notary public may,

(a) witness or certify, and attest, the execution of a document;

(b) certify and attest a true copy of a document;

(c) exercise the powers of a commissioner for taking affidavits in Ontario; and

(d) exercise any other powers and perform any other functions specified by the regulations made under this Act.

Restriction

(2) The powers a notary public, other than a notary public who is a licensee under the Law Society Act, may exercise under subsection (1) are subject to any restrictions that may be imposed in the notary public’s appointment or reappointment that limit the territory and cases in which he or she may exercise his or her powers. 2020, c. 7, Sched. 13, s. 2.

Not in person

(3) Despite any requirement in law to exercise his or her powers in a person’s physical presence, if the regulations made under this Act so provide and the conditions set out in the regulations are met, a notary public may, in accordance with the regulations, exercise his or her powers without being in the person’s physical presence. 2020, c. 7, Sched. 13, s. 2.

When seal not needed

(4) If a notary public is authorized by an Act to administer oaths or to take affidavits or declarations in Ontario, it is not necessary to the validity of any such oath, affidavit or declaration that the notary public affix his or her seal. 2020, c. 7, Sched. 13, s. 2.

COVID-19 Response and Reforms to Modernize Ontario Act, 2020, S.O. 2020, c. 7 - Bill 190

8 (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing fees payable to a notary public under this Act and requiring their payment;

(b) for the purposes of clause 3 (1) (d), specifying powers and functions that a notary public may exercise and perform;

(c) for the purposes of subsection 3 (3), providing that a notary public may exercise powers without being in a person’s physical presence, specifying conditions that must be met in order to be able to do so, and governing the exercise of the powers without being in the person’s physical presence;

(d) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.