Who can witness a signature in Ontario depends on the document. The rules for contracts, wills, powers of attorney, domestic contracts, affidavits and forms that name a witness, plus family members and what can be done online.
Last updated: October 13, 2026
Who Can Witness a Signature in Ontario? The Rule by Document Type
Quick answer: It depends on the document. No general Ontario statute requires a witness for an ordinary contract or letter; when one is used, any adult who watched you sign and has no stake in the document usually will do, unless the document or the receiving office names someone. A will needs two witnesses present at the same time, and a gift to a witness or the witness's spouse is void (Succession Law Reform Act ss. 4 and 12). A power of attorney needs two witnesses, and the Substitute Decisions Act bars the attorney, the attorney's and the grantor's spouses or partners, the grantor's children and anyone under 18 (s. 10(2)). A domestic contract must be witnessed, but the Family Law Act names no witness and no number (s. 55(1)). Affidavits and statutory declarations are commissioned, not witnessed, and that can be done by video. A notary witnessing an ordinary signature must be in the room.
On a will, the wrong witness can cost someone their inheritance. On a power of attorney, the wrong witness can make the document ineffective. On an affidavit, "witness" is the wrong word altogether.
This guide goes document by document: who may witness, who may not, and what can be done by video. If your document is not listed, contact us or call (613) 434-5555. We witness and commission signatures; we do not draft documents or give legal advice.
Key Takeaways
| Document | Who may witness | Who may not | Online? |
|---|---|---|---|
| Ordinary contract or letter | Any adult who watched you sign, unless the document names someone | A party to the document (best practice) | A notary witnesses in person only |
| Will or codicil | Two witnesses, present at the same time | A beneficiary, or a beneficiary's spouse (the gift is void) | By video if one witness is an LSO licensee; we do in person |
| Power of attorney | Two adults not on the s. 10(2) list | The attorney and their spouse or partner; the grantor's spouse, partner or child; anyone under 18 | By video if one witness is an LSO licensee; we do in person |
| Separation, marriage or cohabitation agreement | Must be "witnessed"; no witness or number named | Choose someone who is not a party | No video rule; we witness in person |
| Affidavit or statutory declaration | Commissioned by a lawyer, paralegal, notary or commissioner | Anyone not authorized to take oaths | Yes, under O. Reg. 431/20 |
| A form that names its witness (IMM 5604) | Only the person named (IMM 5604: a notary public) | Anyone else | An Ontario notary witnesses it in person |
First: Witnessed, Commissioned or Certified?
Three different acts all get called "notarizing":
- Witnessing: someone watches you sign, then signs to say so.
- Commissioning: an authorized person gives you an oath or takes your solemn declaration, then signs the jurat. A signature block that says "Sworn before me" or "Declared before me" needs this.
- Certifying a copy: a notary compares a copy with the original. See notarial copy vs certified copy vs witnessed copy.
For the two officials, see notary public vs commissioner of oaths.
Ordinary Contracts, Letters and Forms
No general Ontario statute requires a witness for an ordinary contract to be valid. Even the contracts the Statute of Frauds says must be in writing, such as a promise to answer for someone else's debt or a contract for the sale of land, need writing and a signature, not a witness (s. 4).
A witness is still useful evidence if anyone later says "that is not my signature". When a document has a witness line, or a bank, school or other office asks for one:
- Follow the document first. If it names a type of witness, only that person will do.
- If it names no one, choose an adult who is not a party, gains nothing from it, actually watches you sign, and could be found later.
- Ask the receiving office when unsure. It decides what it accepts.
Wills and Codicils
The Succession Law Reform Act sets the rules, and a codicil counts as a will (s. 1(1)); see how to sign a codicil.
- Two witnesses, together. The will-maker signs, or acknowledges an existing signature, in the presence of two or more witnesses present at the same time, and the witnesses sign in the will-maker's presence (s. 4(2)).
- A handwritten will needs no witness. A will wholly in the will-maker's own handwriting and signed by them is valid without one (s. 6).
Who should not witness. If a witness, or the witness's spouse, receives a gift under the will, that gift is void, though the will stands (s. 12(1)). The gift survives if two other witnesses who receive nothing also signed (s. 12(4)), or if a court finds no undue influence (s. 12(3)). Being named executor does not, by itself, stop someone from witnessing (s. 14). The safest choice is two adults who receive nothing and are not married to anyone who does.
By video. Witnesses may attend by audio-visual communication if at least one is a licensee of the Law Society of Ontario (a lawyer or paralegal) and the signing and witnessing happen at the same time (s. 4(3)); identical copies can be signed in counterpart (s. 4(4)). Minute Notary chooses to witness wills in person only.
If the formalities were missed, the Superior Court of Justice can still declare a document valid when it is satisfied the document sets out the deceased's testamentary intentions, for deaths on or after January 1, 2022 (s. 21.1). That is a court application, not a plan.
Powers of Attorney
The Substitute Decisions Act, 1992 requires a continuing power of attorney for property to be signed in the presence of two witnesses, who each sign as witness (s. 10(1)). A power of attorney for personal care follows the same rule (s. 48). These people may not witness either one (s. 10(2)):
- The attorney, or the attorney's spouse or partner.
- The grantor's spouse or partner.
- The grantor's child, or a person the grantor has shown a settled intention to treat as their child.
- A person whose property is under guardianship, or who has a guardian of the person.
- Anyone under 18.
A power of attorney witnessed by someone on that list is not effective unless a court declares it effective (s. 10(4), s. 48(4)). "Spouse" includes some common-law spouses, and "partner" includes two people who have lived together for at least a year in a close personal relationship (s. 1(1)).
A revocation is signed the same way as the power of attorney it cancels (s. 12(2), s. 53(2)); see how to revoke a power of attorney.
By video. Section 3.1 allows audio-visual witnessing, revocations included, if at least one witness is a Law Society of Ontario licensee and the signatures are made at the same time. We witness powers of attorney in person only; see mobile notary for a will or power of attorney.
Separation Agreements, Marriage Contracts and Cohabitation Agreements
Under s. 55(1) of the Family Law Act, a domestic contract, or an agreement to amend or rescind one, is unenforceable unless it is made in writing, signed by the parties and witnessed. The Act names no type of witness and no number of witnesses.
Choose an adult who is not a party and has no stake in the agreement, and follow the witness lines your lawyer drafted. The notary can be the witness. See separation agreements and cohabitation agreements and marriage contracts.
Affidavits and Statutory Declarations Are Commissioned
A friend cannot "witness" an affidavit or statutory declaration. A person authorized to administer the oath or declaration must take it, after satisfying themselves the signature is genuine (Commissioners for Taking Affidavits Act s. 9(3)). In Ontario that includes:
- Lawyers and paralegals licensed by the Law Society of Ontario, by virtue of office (O. Reg. 386/12, s. 1(1)).
- Notaries public, who have a commissioner's powers (Notaries Act s. 3(1)(c)).
- Commissioners appointed by the Attorney General (s. 4 of the Act).
- Certain office holders, such as MPPs, judges, justices of the peace, ServiceOntario staff serving the public and some municipal officials, often only within their duties or area (O. Reg. 386/12).
The default is physical presence (s. 9(1)), but O. Reg. 431/20 allows it by live video when both sides can see and hear each other in real time, the commissioner confirms identity, and a modified jurat records where each person was. That is what Minute Notary does online.
Forms That Name the Witness
Some forms settle the question. IRCC's IMM 5604, the declaration from a non-accompanying parent or guardian for a minor immigrating to Canada, must be "witnessed by a notary public", and its witness block says the witness must be a notary public. Nobody else will do, and because it is a witnessing act, an Ontario notary must be physically present. See our IMM 5604 guide. Whenever a form names its witness, follow the form.
Can a Family Member Witness a Signature?
| Document | Can a relative witness? |
|---|---|
| Ordinary contract or letter | Usually, unless the document says otherwise; a neutral adult is better evidence |
| Will or codicil | Yes, but a gift to the witness, or to the witness's spouse, is void (SLRA s. 12) |
| Power of attorney | Not the grantor's spouse, partner or child, nor the attorney or the attorney's spouse or partner (SDA s. 10(2)) |
| Domestic contract | The Act does not bar one, but a relative of one spouse invites an argument later |
| Affidavit or statutory declaration | Only if the relative is a lawyer, paralegal, notary or commissioner |
Can a Notary Witness a Signature Online in Ontario?
Not an ordinary signature. The Notaries Act lets a notary act without being in a person's physical presence only if a regulation provides for it (s. 3(3)). In a notice to the professions on February 26, 2025, the Law Society of Ontario said no such regulations have been made and that documents notarized online may be invalid. It named the remote routes that do exist when their conditions are met: oaths under the Commissioners for Taking Affidavits Act, and wills under the Succession Law Reform Act.
- An ordinary signature: a notary witnesses it in person, on a mobile visit.
- Wills and powers of attorney: the law allows video witnessing with a Law Society licensee as one witness; we choose to witness them in person. They are also outside Ontario's Electronic Commerce Act (s. 31(1)), so plan on ink signatures on paper.
- Affidavits and statutory declarations: commissioned online under O. Reg. 431/20.
Some of our letter templates, such as the authorization letter, end with a solemn declaration, so they are commissioned online as declarations, not "witnessed online". If the receiver insists on a witnessed signature, that is an in-person visit. More: notarize a signature online in Canada.
What a Witness Does and Signs
- Watches the signature being made (for a will, the will-maker may instead acknowledge an existing signature to both witnesses together).
- Signs as witness, usually with a printed name; many forms also ask for an address or occupation so the witness can be found later.
- Does not vouch for the contents. A witness confirms who signed, not that the document is true or fair.
If proof is needed later, the witness swears an affidavit. For a will, that is the affidavit of execution, usually needed for probate. For other documents, use our free affidavit of witness to signature template, which can be sworn online.
What a notary can and cannot do: A notary public checks each signer's government photo ID, watches each signature, and signs and seals as the witness. A notary can also commission affidavits and declarations and certify copies. A notary does not draft your document, advise who should inherit or act as attorney, judge whether a contract is fair, or give legal advice. For those, see a lawyer.
How the Signing Works with Minute Notary
- Tell us the document. Contact us or call (613) 434-5555 with what it is, who signs, and whether the receiver names a witness. We tell you if it is witnessed in person or commissioned online.
- In person, on a mobile visit. The notary comes to your home, office, hospital or residence; contact us to confirm your area. Bring the document printed and unsigned, and government photo ID for each signer. For a will or power of attorney, tell us if you need us to provide the second witness (an additional charge applies).
- Online, for affidavits and declarations. Hold your ID to the camera, swear or declare, and sign while the notary watches; the notary completes the modified jurat.
- After signing, the notary signs and seals. For a will, the affidavit of execution is sworn at the same visit and is included in the bundle.
Pricing
| Service | Fee | Note |
|---|---|---|
| Witnessing a signature in person (mobile visit) | $24.95 per seal + $60 travel fee (up to 30 km from our nearest office in Ottawa or Toronto), once per trip | First signer included; each additional signer on the same document $24.95 |
| Will or power of attorney (estate bundle) | $115 one document, $200 any two, $240 will plus both powers of attorney | + $60 travel fee (up to 30 km from our nearest office in Ottawa or Toronto) once per trip; includes the affidavit of execution |
| Affidavit or statutory declaration (online) | $24.95 per stamp | By live video |
| Printing on request | $0.40 per page | Black and white |
Note: fees are before HST, and card processing is extra. The travel fee covers up to 30 km from our nearest office in Ottawa or Toronto; beyond that, an additional travel fee applies. An additional charge applies for an additional witness. Couple signing discount: please email us for a rate.
All fees are shown in full before you pay. See every posted rate on our pricing page.
Frequently Asked Questions
Who can witness a signature in Ontario?
It depends on the document. No general Ontario statute requires a witness for an ordinary contract or letter, so any adult who watched you sign and has no stake in it is usually fine, unless the document or the receiving office names a type of witness. Wills, powers of attorney and domestic contracts have their own rules, and affidavits and statutory declarations are commissioned, not witnessed.
Can a family member witness a signature in Ontario?
Sometimes. For an ordinary document, usually yes, though a neutral adult is better evidence. For a will, a gift to the witness or the witness's spouse is void. For a power of attorney, the grantor's spouse, partner or child, and the attorney or the attorney's spouse or partner, may not witness.
Does a witness need to be a lawyer or a notary?
Usually not. A professional is needed when the document names one (IMM 5604 must be "witnessed by a notary public"), when an affidavit or statutory declaration is commissioned, and when a will or power of attorney is witnessed by video, where one witness must be a lawyer or paralegal licensed by the Law Society of Ontario.
Can a notary witness a signature online in Ontario?
Not an ordinary signature. The Notaries Act allows a notary to act without being physically present only where a regulation provides for it, and the Law Society of Ontario said on February 26, 2025 that none has been made. Wills and powers of attorney may be witnessed by video when one witness is a Law Society licensee; we witness them in person. Affidavits and declarations can be commissioned online under O. Reg. 431/20.
Who can witness a will in Ontario?
Two or more witnesses, present at the same time when the will-maker signs, who then sign in the will-maker's presence (Succession Law Reform Act s. 4). Avoid anyone who receives a gift under the will, or whose spouse does: that gift is void under s. 12.
Who cannot witness a power of attorney in Ontario?
Under s. 10(2) of the Substitute Decisions Act, 1992: the attorney and the attorney's spouse or partner, the grantor's spouse or partner, the grantor's child, a person under guardianship or with a guardian of the person, and anyone under 18. The same list applies to a power of attorney for personal care (s. 48(2)).
Who can witness a statutory declaration or affidavit in Ontario?
Strictly, it is commissioned, not witnessed: by a lawyer or paralegal licensed by the Law Society of Ontario, a notary public, an appointed commissioner, or an office holder listed in O. Reg. 386/12. It can be done in person or by live video under O. Reg. 431/20.
How much does it cost to have a notary witness a signature?
On a mobile visit, $24.95 per seal plus a $60 travel fee once per trip, plus HST and card processing; the first signer is included and each additional signer on the same document is $24.95. Wills and powers of attorney use the estate bundle ($115, $200 or $240, plus the travel fee). The travel fee covers up to 30 km from our nearest office in Ottawa or Toronto; beyond that, an additional travel fee applies. Affidavits and declarations online are $24.95 per stamp.
Final Recommendation
Start with the document, not the witness. An affidavit or declaration needs a commissioner and can be done by video. A will or power of attorney needs two witnesses who receive nothing and are not on the Substitute Decisions Act list. A domestic contract needs a neutral adult. A form that names its witness gets that witness. For everything else, a neutral adult who actually watches you sign is usually enough, and a notary adds an ID check on record.
Book Your Appointment
Need a signature witnessed in person, or an affidavit or statutory declaration commissioned online? Minute Notary does both.
- Contact us: Ask a question or request a visit
- Call: (613) 434-5555
- Service pages: Notarizing signatures, Wills, Power of attorney, Commissioner of oaths
- Free template: Affidavit of witness to signature
- Related guide: Notary public vs commissioner of oaths in Ontario
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Succession Law Reform Act, R.S.O. 1990, c. S.26 (Ontario), ss. 1, 4, 6, 12, 14, 21.1
- Substitute Decisions Act, 1992, S.O. 1992, c. 30 (Ontario), ss. 1, 3.1, 10, 12, 48, 53
- Family Law Act, R.S.O. 1990, c. F.3 (Ontario), s. 55
- Statute of Frauds, R.S.O. 1990, c. S.19 (Ontario), s. 4
- Notaries Act, R.S.O. 1990, c. N.6 (Ontario), s. 3
- Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 (Ontario), ss. 4, 9
- O. Reg. 386/12: Commissioners and Other Persons Who May Take Affidavits (Ontario)
- O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
- Electronic Commerce Act, 2000 (Ontario), s. 31
- Law Society Act (Ontario), s. 1, definition of "licensee"
- Law Society of Ontario: Notice to the Professions, Online notary services are not permitted under the Notaries Act (February 26, 2025)
- IRCC: IMM 5604, Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada
This article was written using AI.
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About the author
Kai Mai
Co-founder & Chief Technology Officer, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.