Navigating the Landlord and Tenant Board (LTB) in Ontario can be a complex and often stressful process. Whether you are a landlord seeking to regain possession of a property for personal use or a tenant responding to an application, providing sworn evidence is a fundamental part of the legal procedure. In recent years, Ontario has modernized its legal framework, making it significantly easier for parties to manage their filings. One of the most efficient ways to prepare your evidence is to commission an affidavit online.
At The Online Notary, we specialize in remote commissioning services that allow you to verify your LTB documents from the comfort of your home or office. This guide will walk you through the importance of LTB affidavits, the legalities of online commissioning in Ontario, and how you can use a notary public online to ensure your documents are tribunal-ready.
Understanding the Role of Affidavits in LTB Proceedings
An affidavit is a written statement of facts that is sworn or affirmed to be true before a person authorized to administer oaths. In the context of the LTB, affidavits serve as vital evidence. Since many LTB hearings are now conducted virtually, having your documents properly commissioned and ready for electronic filing is more important than ever.
When you use an online notary service to commission an affidavit online, you are essentially creating a sworn piece of testimony. If you provide false information in an affidavit, it carries the same legal weight as lying under oath in a courtroom. Therefore, the process of online commissioning is not just a formality; it is a critical legal step that ensures the integrity of the evidence presented to the Board.
Common LTB Scenarios Requiring Online Commissioning
There are several specific instances where the Landlord and Tenant Board requires a commissioned affidavit or statutory declaration. Understanding these can help you determine when you need the services of a commissioner for taking affidavits.
N12 and N13 Applications
One of the most common uses for an online notary in the residential tenancy sector involves Form N12 (Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit) and Form N13 (Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use).
Under the Residential Tenancies Act, if a landlord files an L2 application based on an N12 or N13 notice, they must submit an affidavit to the LTB. This affidavit must be sworn by the person who intends to move into the unit, confirming their good-faith intention to occupy the premises for at least one year. Failing to provide a properly commissioned affidavit can lead to the dismissal of your application, causing months of delays.
Certificate of Service
While not always strictly an affidavit, many LTB processes require a Certificate of Service to prove that a notice or application was provided to the other party. In certain contentious cases, or when requested by the Board, a party may choose to (or be ordered to) provide a commissioned Affidavit of Service. Using online commissioning for these documents ensures that you have a verifiable, timestamped record of your compliance with LTB rules.
Motion to Set Aside an Ex Parte Order
If an order was made by the LTB without a hearing (ex parte), a party can file a motion to set it aside. This motion often requires a supporting affidavit explaining the facts of the case and why the order should be overturned. Accessing a notary public online allows you to react quickly to these urgent legal timelines.
The Legal Validity of Online Commissioning in Ontario
Many clients ask: "Is it legal to commission an affidavit online for the LTB?" The answer is a definitive yes. In Ontario, the Commissioners for Taking Affidavits Act was updated to permanently allow for remote commissioning. This means that as long as the commissioner and the deponent (the person making the statement) can see and hear each other via live audio-visual communication, the document is legally binding.
At The Online Notary, our process is fully compliant with the Law Society of Ontario’s requirements. When you commission an affidavit online with us, we use secure video conferencing technology to verify your identity and witness your signature in real-time. This is not just a digital signature; it is a formal legal act performed by a commissioner for taking affidavits.
Why Choose Online Commissioning Over In-Person Services?
The traditional method of finding a local office, booking an appointment, and driving across town is becoming a thing of the past. For LTB matters, speed and convenience are paramount.
- Tight Deadlines: The LTB has strict deadlines for filing evidence. If you realize at 8:00 PM that you need a commissioned affidavit for a hearing the next morning, an online notary service is often the only viable solution.
- Geographic Flexibility: You might be an Ontario landlord currently traveling abroad or living in a different province. Online commissioning allows you to meet your Ontario legal obligations regardless of your physical location.
- Cost-Effectiveness: When you factor in travel time, gas, and parking, the cost of commissioning an affidavit online is often significantly lower than visiting a traditional law office.
How to Prepare for Your Online Commissioning Session
To ensure your session goes smoothly and your LTB affidavit is accepted by the Board, follow these steps:
1. Draft Your Document Carefully
Before you meet with a commissioner for taking affidavits, your document should be fully drafted. Ensure all names, addresses, and dates are accurate. If you are using a specific LTB form, such as the affidavit required for an N12 notice, make sure you are using the most recent version provided on the Tribunals Ontario website.
2. Do Not Sign Prematurely
The most important rule of commissioning is that you must sign the document in the presence of the commissioner. If you sign the affidavit before your video call, the commissioner cannot verify your signature, and you will have to print a fresh copy and start over.
3. Have Your Identification Ready
To comply with Ontario law, we must verify your identity. You will need a valid piece of government-issued photo ID, such as a driver's license or passport. During the online notarization process, you will hold your ID up to the camera so the commissioner can confirm it matches the person on the screen.
Step-by-Step Guide to the Online Process
How exactly does it work? At The Online Notary, we have streamlined the experience:
- Book Your Appointment: Choose a time that works for you through our online booking portal.
- Upload Your Documents: Provide us with the LTB affidavit or declaration you need commissioned.
- Connect via Video: At the scheduled time, you will join a secure video call with one of our Ontario commissioners.
- Verify and Swear: We will verify your identity, ask you to swear or affirm the contents of the document, and witness you signing electronically or physically.
- Receive Your Commissioned Document: Once the session is complete, we apply our digital seal and signature. You will receive the completed document via email, ready for upload to the LTB's portal (eard or the relevant filing system).
Tips for a Successful LTB Filing
Once you have commissioned your affidavit online, the work isn't quite finished. You must ensure the LTB receives it correctly.
- Check the File Format: The LTB usually prefers PDF documents. Ensure your commissioned affidavit is a clear, legible scan or digital original.
- Evidence Disclosure: Remember that any affidavit you commission must also be shared with the other party (the tenant or the landlord) as part of the evidence disclosure rules.
- Keep the Original: Even though you are using online notarization, it is a good practice to keep the original signed version of your document in your files until your LTB matter is fully resolved.
Frequently Asked Questions (FAQ)
Can the LTB refuse a document because it was commissioned online?
No. Under Ontario law, remote commissioning is a legally recognized method of taking an oath or affirmation. The LTB, as an Ontario tribunal, accepts documents commissioned in accordance with the Commissioners for Taking Affidavits Act.
Do I need a lawyer to draft my LTB affidavit?
While you are not required by law to have a lawyer draft your affidavit, it is often recommended for complex cases. A commissioner for taking affidavits can witness your signature and administer the oath, but they cannot provide legal advice on the content of your statement or the strategy of your LTB case.
What is the difference between an online notary and online commissioning in Ontario?
In Ontario, the terms are often used interchangeably by the public, but there is a legal distinction. Most LTB documents require a "commissioner for taking affidavits" rather than a full notarial act (which usually involves certifying a true copy of an original). Our online service provides commissioning, which is exactly what is required for LTB affidavits and declarations.
How long does a session take?
Most online commissioning sessions for a single LTB affidavit take less than 15 minutes. It is a fast and efficient way to handle your legal requirements.
Book Your Online Commissioning Session Today
Dealing with the Landlord and Tenant Board is demanding enough without the added stress of logistical hurdles. By choosing to commission your affidavit online, you save time, reduce your paperwork burden, and ensure that your evidence is prepared to the highest legal standards.
Whether you are filing an L2 application, responding to a maintenance claim, or providing an affidavit of service, The Online Notary is here to help. Our experienced Ontario commissioners provide a seamless, secure, and professional experience for all your tribunal needs. Don't let a missing signature delay your hearing. Book your online session today and take the next step in your LTB process with confidence.
