Frequently Asked Questions

No, please note it is not a legal requirement in Ontario for powers of attorney to be signed by a notary. However, do note that many organizations, such as financial institutions as well as POAs for international purposes would be required or preferred to be notarized.

You can make your POA yourself or have a lawyer do it for you. Many free standardized templates are easily available online free of cost. However, if your POA pertains to specific requirements/ use or is for submission outside Canada it would preferable to have a lawyer draft the same for you.

There are two types of Powers of Attorney, one for personal care and the other for the property. The use of the former one is to make decisions about you regarding your healthcare, housing, and other aspects of personal care. The use of the latter one is to be able to make financial decisions for you, such as maintaining or selling the house, paying bills, collecting debts, managing investments, and the like. 

The only thing your attorney for property cannot do is make your will.

No. Making a Power of Attorney is voluntary.

No, a will does not need to be notarized in Ontario for it to be legal. But, you may need notarization for an "Affidavit of Execution".

Affidavit of Execution helps confirm the validity of your will and is required if your will needs to go through probate*. 

An affidavit of execution is NOT required for your will to be legal, however many prefer to get the same when executing their will. Note that this Affidavit of execution can be completed at the time you execute your will, at a later date, or even after death.

* Probate is the approval process that takes place in Canada which validates your will and confirms the appointment of your executor. 

No, Will or POA cannot be signed electronically. However, they can be witnessed electronically. 

When witnessing the execution of a Will or a POA, wet signatures are still required by all parties and e-signatures are NOT permitted.

 Yes, they can now be witnessed online.

Accelerating Access to Justice Act, 2021 (“Bill 245”) amended the Succession Law Reform Act and the Substitute Decisions Act, 1992 to permanently provide for the remote execution and witnessing of wills and powers of attorney using audio-visual communication technology if:

• At least one witness is a licensee within the meaning of the Law Society Act at the time of the making, acknowledgment, or subscribing of the will. 

• The making or acknowledging of the signature and the subscribing of the will are contemporaneous.

Yes, the lawyer that witnessed the signing of your Will or Power of Attorney can commission your Affidavit of Execution of Will or Affidavit of Subscribing Witness for a Power of Attorney virtually.

[O. Reg. 431/20]

• Oaths & Affidavits, including OSAP, identity, and income affidavits; 
• Affidavit of Execution;
• Statutory declarations;
• Statutory declaration for entry into Canada for extended family members; 
• Sworn statements for a family gift of a used vehicle;
• Letters of invitation;
• Travel consent letter for children traveling abroad;
• Birth certificate correction statutory declarations;
• Name change applications;
• Permanent residency card applications etc.;
• Certify true copies of original digital documents (docs. Created in E-format) Example: employment letter, e-invoices, e-bank statements;
• Petition for Call to the Bar and Certificate of Fitness.

Note - This list is not conclusive, as many other documents can be notarized online. 

• Wills and codicils;
• Trusts created by wills or codicils;
• Powers of Attorney; 
• Negotiable instruments (which can include cheques, promissory notes and bills of exchange); 
• Certify true copies of hard copy or printed documents (Eg: passport; PR Cards; marriage certificates).

Note - Electronic Commerce Act 

Please note that these documents cannot be signed or notarized electronically but still can be witnessed online when a testator signs a document physically.

While we have assisted many clients who had the requirements of Canadian notarized documents to be submitted outside of Canada, such as in the United States, and India and they were successfully accepted. 

However, please note it is the responsibility of the person seeking the notary to get information about the notary laws or requirements of the country where the document is to be submitted. 

Electronic signatures are legally recognized in Canada (Alberta, British Columbia, Ontario, and Quebec).

At the federal level, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), states that an electronic signature can be used to fulfill any signature requirement listed in one of its specified provisions of federal laws. 

[For further details please review the statute as PIPEDA does not apply to all federal laws, but rather only applies to the specific federal statutory provisions outlined in Schedules 2 and 3 of PIPEDA].

At the provincial level, Ontario has enacted the Electronic Commerce Act (2000)‎ (the “Ontario Act”), British Columbia has enacted the Electronic Commerce Act (2000) (the “BC Act”)‎ and Alberta has enacted the Electronic Transactions Act (2001) (the “Alberta Act”).

If you are using a certified translator, the translator will provide a cover letter that does not need to be notarized.

In the case of a non-certified translator, they must swear an affidavit stating that the translation is true. This document does need to be sworn in front of a notary. We can certify a translation from Hindi to English and vice versa.  

Ideally, we suggest that you pre-determine whether a certified or non-certified translator is acceptable to the organization that is requesting the translation.

Yes, we can assist you with translation from Hindi to English and vice versa.