Understanding the distinction between a Notary Public and a Commissioner of Oaths is essential when seeking official document certification in Ontario. While both professionals can administer oaths and declarations, their roles differ significantly in scope, especially when it comes to document authentication and international use.
Key Differences between Roles
In Ontario, Notary Public Services and Commissioner of Oaths services are governed under the Commissioners for Taking Affidavits Act and the Notaries Act. Here are the primary differences:
- Notary Public:
A Notary Public in Ontario is authorized to:- Administer oaths, affirmations, and statutory declarations.
- Certify true copies of original documents.
- Witness or notarize signatures.
- Provide services for documents intended for use outside Canada, including documents that require authentication or legalization by Global Affairs Canada and foreign embassies.
- Commissioner of Oaths:
A Commissioner of Oaths is more limited in their authority:- They can witness the swearing or affirming of affidavits, declarations, or statutory declarations.
- They cannot certify copies of documents as true copies.
- Their authority is typically limited to Ontario and is not recognized internationally.
When to Use Notary Public Services in Ontario
You’ll need a Notary Public rather than a Commissioner of Oaths when:
- Documents are intended for use outside Canada, such as:
- International power of attorney forms.
- Travel consent letters for minors going abroad.
- Immigration and visa documentation.
- You require certified true copies of:
- Academic transcripts or diplomas.
- Identification documents such as passports or driver’s licences.
- You need a more formal level of document verification, particularly for business, real estate, or estate planning documents that involve cross-border transactions or foreign jurisdictions.
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When to Use a Commissioner of Oaths
In Ontario, a Commissioner of Oaths is authorized to witness the signing of affidavits and statutory declarations, but cannot certify true copies or notarize documents for international use. You may use a Commissioner of Oaths when your document does not require certification, and its use is strictly within Canada.
Common scenarios include:
- Local affidavits for Ontario court matters
Commissioners are frequently used to witness signatures on affidavits filed in family court, small claims court, or civil litigation within Ontario. - Statutory declarations not requiring international validity
Examples include declarations for lost ID cards, common-law status, or provincial program eligibility forms where notarization is not required. - Situations where no document certification is needed
If you simply need to swear or affirm the contents of a written statement, such as for insurance claims or government applications, a Commissioner of Oaths can legally administer the oath.
Situations That Require a Notary Public
There are many instances in Ontario where only a Notary Public is authorized to complete the task. Unlike Commissioners of Oaths, Notaries Public can certify documents, handle international matters, and provide services beyond basic declarations.
You will require Notary Public Services in the following situations:
- Certifying copies of government-issued ID
When submitting applications for immigration, education, or employment, you may need certified true copies of documents such as your passport, driver’s licence, birth certificate, or PR card—a task only a Notary Public is authorized to perform. - Documents related to immigration, real estate, or foreign travel
Many legal and administrative documents—such as travel consent letters for children, real estate closing documents, and immigration applications for use outside Canada—must be notarized to be considered valid by foreign governments, consulates, or financial institutions. - Affidavits submitted outside Ontario or Canada
If your affidavit or statutory declaration is being submitted to a government, court, or institution in another province or country, it often must be notarized rather than simply commissioned, especially if the receiving body does not recognize Ontario Commissioners of Oaths.
Avoiding Mistakes in Document Execution
When dealing with legal or official documents in Ontario, proper execution is critical to ensure that your documents are legally valid and accepted by the appropriate authorities. Avoiding common mistakes begins with understanding the role of a Notary Public and preparing accordingly.
- Choosing the correct professional for your document
Not all documents require the same level of authentication. Determine whether your situation calls for a Commissioner of Oaths or a Notary Public. For example, a sworn declaration for a local service may only need commissioning, while a real estate document destined for another country likely requires full notarization. - Ensuring proper identification and witnesses
Most notarial acts require government-issued photo ID to confirm your identity. In some cases—such as real estate transactions or powers of attorney—additionalwitnesses may be required. Confirm in advance what documentation and individuals you need to bring to avoid appointment delays. - Preparing documents in advance to avoid delays
Incomplete, outdated, or incorrect documents can result in rejected applications or legal complications. Review all documents ahead of your appointment, print hard copies if required, and consult with the notary beforehand if you’re unsure about any part of the form.
