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  • Writer's pictureIlia Morshedi

Remote Commissioning in Ontario

Remote commissioning refers to the process of administering an oath or affirmation to a witness or affiant remotely, without the physical presence of a commissioner for taking affidavits. This process is typically conducted through video conferencing or other electronic means.

The Commissioners for Taking Affidavits Act, O. Reg. 431/20, governs the commissioning of affidavits in Ontario, Canada. According to this act, remote commissioning is permitted, as long as certain conditions are met:


  1. The commissioner must be authorized to administer oaths and affirmations in Ontario, under the Commissioners for Taking Affidavits Act. This means that the commissioner must have been appointed as a commissioner for taking affidavits by the Attorney General of Ontario, or be authorized to act in this capacity by virtue of their professional status.

  2. The affiant must be physically located in Ontario at the time of the remote commissioning. This is to ensure that the affiant is within the jurisdiction of Ontario and that the commissioner has the authority to administer the oath or affirmation.

  3. The commissioner and affiant must be able to communicate with each other in real-time, through video conferencing or another electronic means. This is to ensure that the commissioner is able to administer the oath or affirmation in a manner that is clear and audible, and that the affiant is able to make their declaration in a meaningful way.

  4. The commissioner must be able to verify the identity of the affiant. This can be done through video conferencing, or by requesting that the affiant provide additional identification documents, such as a passport or driver's license.

  5. The commissioner must ensure that the remote commissioning is conducted in a secure and confidential manner, to protect the privacy and security of the affiant's information.


Remote commissioning is a useful tool for administering oaths and affirmations in Ontario, provided that the conditions set out in the Commissioners for Taking Affidavits Act, O. Reg. 431/20, are met. By allowing remote commissioning, the act provides greater flexibility and accessibility for those seeking to make declarations, while ensuring the integrity and reliability of the commissioning process.


Ilia Morshedi



 

Ilia Morshedi is a Paralegal licensed by the Law Society of Ontario and an Immigration Consultant licensed by The College of Immigration and Citizenship Consultants (CICC). In addition to his responsibilities as Senior Consultant at MOR Canadian Immigration, he is the paralegal program coordinator at Toronto School of Management.




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