An Affidavit of Execution is a sworn statement by a witness to confirm that:

• The POA was signed by the grantor
• The witness was present during execution
• The signature was voluntary and done with capacity

It is typically required when submitting a POA for use with banks, government agencies, or courts.

Applicable Laws:

• Substitute Decisions Act, 1992
• Commissioners for Taking Affidavits Act, R.S.O. 1990
• Notaries Act, R.S.O. 1990

Requirements:

• One of the subscribing witnesses swears/affirms the affidavit before a Notary Public or Commissioner in person.
• The deponent (witness) must appear physically before the notary/commissioner.
• The notary/commissioner must verify identity using valid photo ID.
• The document is signed in ink (wet signature), and a notarial seal or commissioner's stamp is applied.
• No audio/video recording or special technology is required.

Applicable Laws:

• Bill 190 & Bill 245 (permanent reforms post-COVID-19)
• Commissioners for Taking Affidavits Act (amended)
• Ontario Regulation 431/20 (for remote commissioning)
• Law Society of Ontario Guidelines on Virtual Commissioning

Requirements:

• A notary public or commissioner may administer the oath/affirmation remotely via secure audiovisual technology (e.g., Zoom, MS Teams).
• The witness must show valid government-issued ID on camera.
• The notary must confirm identity, voluntariness, and understanding.
• The entire RON session should be recorded and retained (recommended minimum: 7 years).
• The affidavit can be signed electronically or physically, depending on system and recipient requirements.
• A Remote Commissioning Certificate should be included noting RON method.

• At least two witnesses are still required for the POA itself.
• At least one witness must be physically located in Ontario for RON POA execution to be valid.
• The RON process must replicate the same formalities and legal standards as in-person commissioning.