How to Sign Legal Documents Remotely

The ways in which we sign legal documents has changed due to the pandemic, social distancing, and in an effort to promote safety. Lawyers can now sign legal documents with their clients, remotely.

signing a documentAffidavits and Statutory Declarations

As of August 1, 2020, commissioners for taking affidavits can remotely meet and commission the signature of an affiant on an affidavit or declaration. The conditions are set out in O.Reg 431/20 and found here: https://www.ontario.ca/laws/regulation/r20431.

The regulation includes the following conditions:

  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.

It is important that the commissioner keep written notes of the meeting. The notes should include:

  1. The start and end time of the meeting.
  2. The method of communication.
  3. Confirmation that everyone can see and hear each other properly.
  4. Confirmation that the deponent or declarant consented to a video meeting.
  5. The names of all person’s present.
  6. Confirmation that the deponent showed valid photo ID during the meeting, and a description of that ID.
  7. Other notable details of the meeting, such as questions asked and answered.

The commissioner should tell the deponent or declarant to tilt the camera to the signature line at the time it is being signed.

The deponent or declarant must then deliver the original document to the commissioner. When the commissioner receives the document, the commissioner can then sign the original.

It is important to verify the client’s ID in advance of the meeting to ensure it is valid and current. For remote ID verification, you can now confirm that a driver’s license is valid at no charge: https://www.dlc.rus.mto.gov.on.ca/dlc/

Wills and Powers of Attorney
Wills and powers of attorney are witnessed by two people who are over the age of 18, have mental capacity, and are not named beneficiaries or the named power of attorney. Normally, the witnesses would be in the same room as the testator, but now it can be done remotely.

As of April 23, 2020, wills and powers of attorney can be signed in counter-parts by authority of O.Reg 431/20 and found here: https://www.ontario.ca/laws/regulation/r20164

It is recommended that the meeting notes and ID verification as outlined above are followed. Witnessing wills and powers of attorney follows a different procedure than commissioning affidavits and statutory declarations. The witnesses must also have a copy of the will and powers of attorney at the meeting. The testator must see the witness sign their copy of the document, just like the witness must watch the testator sign. The witnesses then deliver their original document to the testator. The testator will staple together the two originals; the one signed by the testator and the other signed by the witnesses.

Be careful when acting as a witness to make sure that the testator has capacity, is signing alone, and is signing freely without undue influence.
An execution clause needs to be added above the signature lines stating that the documents are being signed remotely via audio-visual technology.

Schedule an Appointment
If you need a document commissioned, want to prepare your will and powers of attorney, or to complete a real estate deal safely through social distancing, contact Malicki Sanchez Law. We have the experience and tools to serve you remotely.