Is Remote Commissioning Legal in Ontario? O. Reg. 431/20 Explained
By Secure Commission · Updated
This article is general information, not legal advice.
During 2020, Ontario made it possible for commissioners of oaths to administer oaths and take declarations by video. The rules are set out in Ontario Regulation 431/20, "Administering Oath or Declaration Remotely," made under the Commissioners for Taking Affidavits Act.
What the regulation allows
An oath or declaration may be administered remotely using audio-visual technology instead of with both people in the same room, provided the regulation's requirements are met.
The key requirements, in plain language
- Real-time audio and video. The commissioner and the person signing must be able to see, hear and communicate with each other throughout.
- Identity. The commissioner must confirm the identity of the person making the oath or declaration.
- Understanding. The commissioner must take reasonable steps to confirm the person understands what they are signing.
- Location. The locations of both the commissioner and the signer at the time must be recorded.
- The jurat. The document must state that the oath or declaration was administered remotely in accordance with the regulation.
What it does not change
- It does not turn a commissioner into a notary. Documents that need notarization still need a notary public.
- It does not override the receiving organization. A court, government office or institution can still set its own requirements.
Why it matters
For people outside major centres, with mobility challenges, or simply short on time, remote commissioning removes the need to travel for a short appointment while keeping the formal safeguards of an oath or declaration.
See how our remote appointments work or read the FAQ.
Frequently asked questions
Does a remotely commissioned document have the same effect as one done in person?
When the requirements of O. Reg. 431/20 are met, the oath or declaration is validly administered. The receiving organization still decides whether it accepts the document for its purposes.
Do both people have to be in Ontario?
The regulation requires the locations of both the commissioner and the signer to be recorded. Where the document will be used and where the signer is located can affect whether remote commissioning is appropriate, so confirm before booking.
Is this legal advice?
No. This is general information. For advice about your specific situation, speak to a lawyer licensed in Ontario.
This guide is general information about remote commissioning in Ontario and is not legal advice.
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