The Difference Between a Notary Public and Commissioner of Oaths in Ontario

In Ontario, there are many instances when an individual will require a document to be either commissioned or notarized. Understanding the difference between these two requirements is essential to avoid unnecessary delays or fees. The main difference between a Notary Public and Commissioner of Oaths in Ontario lies in what kind of document is involved, as a Notary Public is also able to verify that signatures, marks and copies of documents are true and genuine.

If you are looking for who is a commissioner of oaths in Ontario, lawyers and paralegals are commissioners by virtue of title. Other commissioner of oaths in Ontario include:

• Official of a federal or provincial government department, or one of its agencies

• Official of an Embassy, Consulate or High Commission

• Official of a country with which Canada has reciprocal Social Security Agreement

• Police Officer

• Teacher

• Professional Engineer

• University Professor

• Service Ontario employee

…and more as this list is not exhaustive.

Commissioner of Oaths

Per section 1(1) of the Commissioners for Taking Affidavits Act (the “Act”), both lawyers and paralegals are commissioners for taking affidavits by virtue of office. This means that once a paralegal or lawyer is officially licensed, they are automatically authorized to act as commissioners. A commissioner for taking affidavits (also sometimes referred to as a commissioner of oaths) is an individual that has authority to take affidavits or declarations.

A commissioner will ask you to swear or affirm that the information within a document is true. Section 9(3) of the Act notes that a commissioner ensures the signature of the person swearing or affirming is genuine before administering the oath or declaration. Once complete, the commissioner will then also sign the declaration.

Although commissioning is typically done in person, as of August 1, 2020, Ontario legislation now allows for remote commissioning. However, there is no legislation requiring a receiving party to accept remotely commissioned documents. It is best to ensure a receiving party is willing to accept commissioned documents before choosing this route. Remote commissioning still follows the same authentication and signature requirements for taking affidavits, but the actual procedure is done through the use of audio-visual technology instead of in person.

For example, a paralegal could meet with a client through video conference to witness the client signing the legal document. Once done, the client would send their signed document(s) to the paralegal to sign as commissioner. As this method may be faster and more convenient for you, be sure to discuss it as an option with the person commissioning your document and the person receiving the commissioned document.

How to Become a Commissioner of Oaths in Ontario

A non-lawyer or non-paralegal can also become a commissioner as long as they meet the eligibility requirements: being eligible to work in Canada and also working at a registered Ontario business that requires commissioner services on a regular basis. If you do meet these requirements, you can then:

1. Fill out the application form;

2. Get a letter of authorization from your employer describing your job and how often you will be commissioning documents;

3. Pay the $75.00 fee; and

4. Submit the application

Be mindful of renewal and expiration dates if you are appointed. Visit the Ontario.ca website for more information about becoming a commissioner for taking affidavits.

Notary Public

In Ontario, notarizing practices are governed by the Notaries Act. Unlike a commissioner for taking affidavits, licensed lawyers and paralegals must apply and pay a fee to be appointed as a notary public. A notary public in Ontario holds the same powers as a commissioner for taking affidavits except, they can also certify and attest to the execution of a document and to true copies of an original document.

They can also verify that signatures and marks of a document are genuine. Always be sure to confirm whether your documents need to be commissioned or notarized as these two services are easily confused.

How to Become a Notary Public in Ontario

To become a notary public as a non-lawyer or non-paralegal, the process is similar to becoming a commissioner for taking affidavits:

1. Fill out the application form;

2. Get a letter of authorization from your employer describing your job and how often you will be commissioning documents;

3. Pay the $110.00 fee; and

4. Submit the application

Be mindful of renewal and expiration dates if you are appointed. Visit the Ontario.ca website for more information about becoming a notary public.

Commissioning and notary services are available at Oduraa Legal Services.