Can You Get Documents Notarized or Commissioned by Video in BC?

If you live outside the Lower Mainland, travel for work, or have trouble getting to an office, a video appointment can be a real convenience. In recent years, BC has made it possible to swear or witness more documents remotely than before the pandemic.

The rules differ by document, though, and the person receiving the document often has the final say. This guide sets out what can usually be done by video in BC, what still needs you in the room, and how to avoid a document being refused.

The short answer: it depends on the document

There is no single "online notary" rule in BC. Whether a document can be signed over video depends on which law governs that document and on who will receive it. Courts, the Land Title Office, banks and foreign governments each set their own requirements.

For a general overview of in-person services, see our guide to notary public services in BC and what to bring to a notary appointment. This article focuses on what can be done remotely.

Affidavits and statutory declarations

An affidavit is a written statement you swear or affirm is true before a commissioner for taking affidavits, such as a practising lawyer or a notary public. (Our article on affidavits versus statutory declarations explains the difference.)

For BC court proceedings

The Supreme Court Civil Rules now expressly allow an affidavit to be sworn or affirmed by video conference. Under Rule 22-2(6.1), the affidavit must say, in its last numbered paragraph, that you were not physically present before the commissioner but appeared by video conference. The affidavit is then treated as sworn in the commissioner's presence and at the commissioner's location.

The Provincial Court rescinded its pandemic-era notice on remote affidavits effective September 9, 2024. Its notice explains that the Supreme Court rule changes allow video commissioning and also affect small claims matters, and that the old requirement that remote commissioning be used only where attending in person was not medically safe no longer applies.

The lawyer's process

The Law Society of BC's Code of Professional Conduct sets out how a lawyer may commission a document by video. Physical attendance is still described as preferred. Under the Code's process, among other steps:

• ID is checked on camera. You show the front and back of valid, current government-issued photo ID.
• You both have the full document. You and the lawyer each have the complete text and exhibits in front of you and review them together to confirm they are identical.
• You sign on camera. The oath or affirmation is given and you sign while still in each other's video presence, then send the signed pages and exhibits to the lawyer.
• The lawyer signs after checking. The lawyer completes the jurat and exhibit stamps only after confirming the returned document matches.

The Law Society has also told lawyers they are responsible for making sure a remotely commissioned document will be accepted by its recipient. For someone outside BC, the Code says the remote process should not be used unless there is no other practical way to commission the document under the local procedures where that person is.

Enduring powers of attorney and wills

An enduring power of attorney can be signed and witnessed by video under the Power of Attorney Act's alternative process. The witness must be a BC lawyer or a member in good standing of the Society of Notaries Public of BC, the document must state that it was signed under the alternative process, and it can be signed in identical counterparts. If someone signs on behalf of an adult who cannot physically sign, that person must be physically with the adult.

The Land Title and Survey Authority has confirmed that remote witnessing of enduring powers of attorney continues under this process.

Wills are governed separately. The Wills, Estates and Succession Act lets the will-maker and witnesses be in each other's "electronic presence" for the witnessing requirements, and allows signing in counterpart. Remote will signings need careful handling of the copies, so plan them with your lawyer.

What usually still needs an in-person signing

• Land title documents. The Land Title and Survey Authority retired its COVID-era remote witnessing measures for land title documents effective September 30, 2023. Plan on signing transfers and mortgages in person, or ask early if you are out of town.
• Documents for use abroad. Foreign governments and institutions decide what they accept. Many expect an in-person notarization, and the document may also need authentication or an apostille. See our articles on signing BC documents from outside Canada and apostilles for BC documents.
• Certified true copies. Certifying a copy generally means the original must be examined, which is difficult to do properly over video.
• Anything the recipient refuses. A bank, pension plan or government office may insist on in-person signing even where the law would allow video.

Before you book a video appointment

• Confirm with the receiving court, agency or institution that a remotely commissioned or witnessed document is acceptable.
• Make sure you can print, sign in ink, scan and return pages, unless electronic signatures are permitted for that document.
• Have your government-issued photo ID ready, along with a stable video connection and a private space.
• Allow time for the signed originals to be couriered if the recipient needs wet-ink pages.

Not sure if your document can be signed by video? Ask before you book

Our notary services can tell you whether your document can be commissioned or witnessed by video, check what the receiving court, agency or institution will accept, and arrange a video or in-person signing to suit.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.