Can a non-resident buyer complete an Ontario closing remotely using a power of attorney?
Generally, yes - completing an Ontario closing remotely through a properly executed power of attorney is a well-established and workable option for a non-resident buyer who cannot be physically present, and it is used regularly in practice. That said, it is not simply a matter of signing any document and calling it done; your lawyer has professional obligations under the Law Society Act framework, including identity-verification requirements tied to Ontario's electronic land registration system, that need to be satisfied regardless of how the buyer participates in the transaction.
The power of attorney document itself typically needs to be properly executed according to the requirements that apply given where it is being signed, which can include notarization or further authentication depending on the country involved, and coordinating this properly takes real advance planning rather than something arranged in the final days before closing.
Raise the possibility of a remote closing with your lawyer as early as possible, so the power of attorney can be prepared, executed, and authenticated correctly well ahead of the scheduled closing date.
Key takeaways
- Remote closings using a properly executed power of attorney are a well-established option in Ontario.
- Lawyers still have identity-verification obligations that apply regardless of how the buyer participates.
- The power of attorney document may need notarization or further authentication depending on the country.
- Raise this early so the document can be properly prepared well before the scheduled closing.