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Important Update for Notaries & Commissioners in Ontario
On February 26, 2025, the Law Society of Ontario (LSO) issued a notice clarifying that online notary services are NOT permitted under the Notaries Act. This has led to confusion about whether remote notary services are still allowed.
The short answer: Yes, but only under specific conditions.
This article will clarify what this means, what services can still be performed remotely, and what updates notaries and commissioners should make to ensure compliance.
Read the official LSO notice here:
Law Society of Ontario: Online Notary Services Are Not Permitted
Key Issues at Play
There are several key concerns that notaries and commissioners need to be aware of:
Confusion Between "Online Notary" and "Online Commissioner"
Many professionals have used the term “online notary services” when they were actually providing commissioning services
Notarization and commissioning are not the same
Understanding the Different Powers of a Notary vs. a Commissioner
Some powers are strictly for a notary (these cannot be done remotely)
Some powers overlap with a commissioner (only these can be done remotely)
Anything that falls under a commissioner’s authority can be done online. The only exception for remote witnessing under a notary’s powers is for wills and powers of attorney, under the Succession Law Reform Act.
Can You Still Advertise Online Notary Services?
Yes, but with caution. Since the public still searches for "online notary services," you may continue using the term strategically. However, your marketing materials should clearly reflect that you are offering commissioning services and not online notarial services.
Recommended Updates:
Instead of "Online Notary Services," use: "Online Commissioning (Notary) Services"
Revise your website, business cards, and any marketing materials to clarify that remote services are provided under the Commissioners for Taking Affidavits Act (CFAA), not the Notaries Act.
You can still attract clients by using familiar language, but your official wording must be compliant.
Who Do These Rules Apply To?
These rules apply to all notaries and commissioners in Ontario, including:
Notaries who obtained their commission through lawyer or paralegal status
Notaries who applied separately to become a notary public
All commissioners for taking affidavits
No matter how you obtained your notary commission, these regulations apply to you.
For more details on remote commissioning, visit the LSO’s resource page:
Law Society of Ontario: Remote Commissioning Resources
What’s the Difference Between a Notary and a Commissioner?
Authority | Notary Public | Commissioner for Taking Affidavits |
Certify true copies of documents | ✅ Yes | ❌ No |
Administer oaths and affirmations | ✅ Yes | ✅ Yes |
Commission affidavits and statutory declarations | ✅ Yes | ✅ Yes |
Sign off on general contracts/agreements | ✅ Yes (in person only) | ❌ No |
Can provide remote services? | ❌ No (except for virtual witnessing of ills & POAs) | ✅ Yes (under CFAA & Ontario Regulation 431/20) |
What If I’m Unsure Whether a Document Can Be Done Online?
Ask yourself these two key questions:
Does the document include a jurat, statutory declaration, or sworn statement?
If yes, it can be commissioned remotely under CFAA & Ontario Regulation 431/20.
If no, the signer must add an oath, affirmation, or declaration to make it eligible for remote commissioning.
Does the document only require a signature witness (without an oath or declaration)?
If yes, it must be done in person by a notary.
If a document does not include a required declaration, it cannot be commissioned remotely.
What Should I Do If I’m Still Unsure?
If you are uncertain whether a document qualifies for remote commissioning, you should:
Contact the Law Society of Ontario (LSO) for guidance
Review the Notaries Act, Commissioners for Taking Affidavits Act (CFAA), and Ontario Regulation 431/20
If you cannot determine the correct legal authority, do not proceed with notarization or commissioning.
Final Takeaways
You can still offer remote commissioning services, but they fall under the CFAA, not the Notaries Act.
Your marketing should reflect online commissioning, not online notary services.
Your notary seal should never be used for remote commissioning—only your commissioner stamp should be used.
If a document does not contain an oath, affirmation, or declaration, it must be done in person.
If you are unsure about a document, consult the Law Society of Ontario or review the relevant laws before proceeding.
Read the official Law Society of Ontario notice here
LSO Notice: Online Notary Services Are Not Permitted
Bookmark this post for future reference. If you have questions, leave them in the comments.
