New Regulation on Virtual Commissioning

There is a new regulation which expressly permits virtual commissioning. Ontario Regulation 431/20 – Administering Oath or Declaration Remotely, which came into effect on July 31, 2020, outlines the requirements for virtual commissioning, including:

• The person administering the oath or declaration and the deponent or declarant must be able to see, hear and communicate with each other in real time throughout the entire transaction.
• The person administering the oath or declaration has to confirm the identity of the deponent or declarant.
• The location of the person administering the oath or declaration and of the deponent or declarant at the time of the administering must be stated.
• The document has to state that the oath or declaration was administered in accordance with this Regulation.
• The person administering the oath or declaration must take reasonable precautions, including ensuring that the deponent or declarant understands what is being signed.
• A record of the transaction has to be kept.