Electronic signatures on notarial acts raise legitimate questions: Is it actually valid? Does the notary need to be physically present? What do you need to prepare? Here is a clear overview of what it involves in practice — no shortcuts, no overpromising.
What sets a notarial electronic signature apart
Signing a standard document electronically — a lease, a business proposal — has become routine. But an electronic signature on a notarial act is an entirely different process. It operates within a precise legal framework, particularly under the Act to Establish a Legal Framework for Information Technology (AELFIT), which recognizes the legal validity of technology-based documents when specific conditions are met.
What this means in practice: the parties can sign from a different location than the notary, provided the session takes place in real time, with rigorous identification and properly obtained consent. The technology changes the channel — not the rigour of the process.
The notary's role remains fully intact
Whether a signing takes place in person or electronically, the notary retains all of their professional obligations. They identify the parties, ensure that each party understands the act, verify that consent is free and informed, and read the document aloud. None of these steps are shortened or bypassed simply because the signing takes place remotely.
The session is conducted via secure videoconference. The notary sees the parties, interacts with them, and answers their questions. The act is then signed using an approved technological tool, and the notary applies their own signature and seal. The authenticity of the act is not diminished in any way.
What the parties need to prepare
An electronic signing session requires serious preparation on the part of the signatories. Here is what you will need:
- Valid government-issued identification, which the notary will verify visually during the videoconference
- A working device — computer, tablet, or phone — with a functioning camera and microphone
- A stable Internet connection, reliable enough to maintain uninterrupted video throughout the session
- Adequate time set aside: as with any notarial signing, you should allow enough time for the reading of the act and for discussion with the notary
These practical considerations are often underestimated. A poor connection or an unavailable piece of identification can result in the session being rescheduled.
Not all acts are available for electronic signing
This is something that is easy to overlook: electronic signing does not automatically apply to every type of notarial act. Depending on the nature or complexity of a given situation, some acts may require physical presence or specific conditions. Me Petrulian will walk you through the details during your consultation, based on your specific file.
In Laval, as elsewhere in Québec, notaries who offer this option must meet strict technical and professional requirements. It is not a service offered casually — it is a regulated process that requires appropriate infrastructure and up-to-date training.
The legal value of an electronically signed act
A notarial act signed electronically, when all conditions set out under Québec law are met, carries the same legal value as an act signed in physical presence. It remains an authentic act, enforceable against third parties, with the same evidentiary force.
This point is worth emphasizing, because public uncertainty on this matter persists. The signing method — physical or electronic — does not by itself determine the validity of the act. What matters is that the process was carried out properly, under the supervision of a qualified notary.
Key takeaways
Electronic signing in a notarial context is a serious, regulated, and legally recognized option. It does not dramatically simplify the process — it transposes it into a digital environment while maintaining the same professional standards. For individuals and professionals in the greater Montréal area who want this flexibility, it is worth confirming whether their situation is a suitable fit.
Consult Groupe Synergie Notaires
To find out whether your act can be signed electronically and what the session involves, contact Groupe Synergie Notaires at (514) 399-1009 or by email at info@gsnotaires.com. Me Petrulian and her team will guide you based on your specific circumstances.
Frequently Asked Questions
Is a notarial act signed electronically just as valid as one signed in person?
Yes — provided all requirements under Québec law are met, an electronically signed notarial act retains the same legal value as a traditional authentic act. The signing method alone does not determine the validity of the document.
Do all notaries in Québec offer electronic signing?
No. Electronic signing in a notarial context requires appropriate technical infrastructure and specific training — it is not a universally available option. It is best to confirm directly with your notary whether this option is available for your particular type of file.
What documents do you need to sign a notarial act online?
Valid government-issued identification is essential, as the notary must identify all parties during the videoconference. You will also need a device with a functioning camera and microphone, as well as a stable Internet connection for the duration of the session.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.