Leonard M. Cohen – Lawyer and Notary Public

Does a Notary Have to Watch You Sign?

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by

Leonard Cohen
in

The short answer? 

Yes, a notary public in British Columbia must witness your signature to ensure the authenticity and legal integrity of the document. 

But why is this step so important, and what does it mean for you?

If you’re ready to get your document signed and sealed, contact our Vancouver office at (604) 731-8118 today.

What is the Role of a Notary Public in BC?

In British Columbia, notaries are empowered under the Notaries Act, giving them the authority to witness signatures, administer oaths, certify true copies, and more.

What We Do as Notaries

  • Witness Signatures: When you sign a document in our presence, we authenticate that the signature is genuine.
  • Confirm Identities: By verifying IDs, we ensure that the right person is signing the document.
  • Protect Against Fraud: A notary’s oversight reduces the chances of forgery or fraud.

Why the Notary Must Be Present to Witness Your Signature

When we witness your signature, we’re affirming that the document was signed voluntarily, in good faith, and without any form of coercion or duress. This requirement is fundamental to notarial practice in BC and adds to the document’s credibility.

For these reasons, the law in British Columbia doesn’t allow pre-signed documents to be notarized later. Documents must be signed in the moment for the notarization to be valid.

Special Circumstances: Remote Notarization

In rare cases, notarization can occur remotely. Remote notarization may be permitted under the Electronic Transactions Act for certain documents and circumstances. However, remote notarization remains more limited in British Columbia than in other jurisdictions.

Remote Notarization vs. In-Person Signing

  • Limited Use: Remote notarization is typically reserved for exceptional cases.
  • Strict Requirements: For those few instances, signers may need to meet additional conditions, including secure video conferencing, multi-step identification, and electronic signing systems.

The bottom line: although remote notarization is an option, in-person notarization is the normal process.

Common Questions About Witnessing Signatures

  • Can I bring a document already signed?
    • No. Documents must be signed in front of the notary.
  • What if I forgot my ID?
    • Presenting government-issued ID is obligatory, so make sure you have it with you when you come in.
  • Can a notary notarize over the phone?
    • Unfortunately, no. Remote notarization requires video, not audio, and it’s only available for certain documents.

When in doubt, we’re happy to answer any questions about what’s required for notarization, so you come fully prepared.

Get Your Documents Notarized with Confidence

Call (604) 731-8118 today, and let’s get your documents notarized the right way.

Disclaimer: The material on this website is for general information only. It is not, nor is it to be relied on, as legal advice or advice about what you might require. Every person’s situation is individual and unique. Determining what is appropriate about any situation can only be given upon a full review of all relevant information. Contact our office to review your circumstances.