Frequently Asked Questions (Notary Services)
Frequently Asked Questions

Comprehensive frequently asked questions about notary services. Learn about notary vs. commissioner roles, vehicle gifting, RIN statutory declarations, Apostille/authentication, remote online notarization, and passport form PPTC 326. Fast, expert advice for residents of Ottawa, Toronto, and beyond.

  • Notarizing Documents: Acting as an official witness to signatures on legal documents.

  • Certifying True Copies: Verifying that a photocopy of an original document (e.g., passport, degree) is genuine.

  • Administering Oaths & Affirmations: For affidavits and statutory declarations.

  • International Authentication (Apostille): Preparing documents for use abroad.

  • Document Drafting: Assisting with specific forms like consent to travel letters or statutory declarations.

  • Mobile & Remote Services: Offering services in-person, at your location (mobile), or online via video call.

Yes. While they cannot provide legal advice on the content or legal strategy, they can assist with drafting standard forms like:

  • Statutory Declarations for RINs.

  • Consent to Travel letters for children.

  • Affidavits for simple matters.

Yes. NotaryServe® can notarize documents for international use. They also assist with the Authentication and Apostille process to ensure your documents are valid in foreign jurisdictions (whether under the Hague Convention or otherwise).

Yes. For travel documents for refugees or protected persons, if you lack a guarantor, NotaryServe® can notarize Form PPTC 326.

  • Phone: 613-558-5363 (Ottawa) or 437-240-8276 (Toronto/GTA)

  • Email: contact@notaryserve.ca

  • Website: notaryserve.ca

  • Do NOT Sign Early: You must sign in the physical or virtual presence of the Notary.

  • Bring Valid ID: Government-issued photo ID is mandatory (e.g., Driver's License, Passport).

  • Originals for Copies: If you need a Certified True Copy, you must bring the original document, not a photocopy.

  • Commissioner of Oaths: Can only administer oaths and take affidavits/declarations for use within Ontario. They cannot certify true copies or sign documents leaving the province.

  • Notary Public: Has much broader authority. They can do everything a Commissioner does, PLUS they can Certify True Copies and their signature is recognized internationally (for documents like US real estate forms, foreign visas, etc.).

Rule of Thumb: If your document is staying in Ontario, a Commissioner may suffice. If it is leaving Canada or requires a "Certified Copy," you need a Notary.

Generally, no. Standard transactions, such as private sales, plate transfers, and vehicle registrations at ServiceOntario, do not require a notary. ServiceOntario staff can handle the identity verification for these standard procedures. However, you likely need one for:

  • Gifted Vehicles: Transferring a vehicle to a family member often requires a sworn declaration to exempt retail sales tax.

  • Registrant Identification Number (RIN): Businesses (corporations/partnerships) registering a vehicle often need a notarized Statutory Declaration to obtain a RIN proving the business' existence and authority.

  • Estate Transfers: Transferring a vehicle from a deceased estate may require notarized will copies or affidavits.

  • Out-of-Country Transfers: Importing vehicles may require notarized ownership documents.

No. The ServiceOntario form SR-LD-433 (Third Party Letter of Authorization) typically does not require notarization, unlike a full Power of Attorney.

If you receive a large sum of money (e.g., for a mortgage down payment), lenders often require a Gift Declaration to prove the money is not a loan. Notarizing this document provides authenticity and prevents future disputes.

Yes. If you need to explain a lack of income, parental estrangement, or marital status for your student loan application, NotaryServe® can draft and notarize the required OSAP Affidavit.

This is a sworn statement used when your official documents (like birth certificates or passports) are missing, damaged, or contain inconsistencies (e.g., a misspelled name). It is sometimes referred to as Statutory Declaration of One and Same Person.

It is often required for OSAP applications, professional licensing, borrowing transactions, or immigration to legally "bridge the gap" between conflicting records. It must be signed before a Notary or Commissioner.

Yes, Ontario law allows for Remote Commissioning. The process involves a secure video call where the Notary verifies your identity, witnesses you signing digitally (or scanning a signed paper copy), and applies their signature and seal.

Most organizations may accept it, but there are exceptions. The document will include a special "Jurat" (statement) indicating it was signed remotely. Always check with the recipient (e.g., the bank or foreign agency) if they accept "Remote Commissioning" before booking.

Yes. Certified True Copies generally cannot be done remotely because the Notary must physically inspect the original document to verify it hasn't been altered. Additionally, some receiving organizations may not accept digital signatures, so you should always check with the recipient first.

The Jurat is the section of the document that states when, where, and before whom the document was signed. For remote services, the Jurat must specifically state that the notarization was performed remotely and indicate the locations of both the signer and the Notary.

As of January 2024, Canada joined the Hague Apostille Convention.

  • Hague Member Countries: Documents now only require a single Apostille Certificate. You no longer need the double step of "Authentication" then "Legalization" at an embassy.

  • Non-Member Countries: You may still need the traditional two-step process (Authentication by Global Affairs/ODS + Consular Legalization).

As of January 2024, Canada is a member of the Hague Apostille Convention.

  • If the destination country is a member: You likely only need an Apostille Certificate. This single step replaces the old "authentication and legalization" process.

  • If the destination country is NOT a member: You may still need the traditional two-step process: Authentication by Global Affairs Canada (or ODS) followed by Legalization at the country's embassy.

The notary's signature and seal must be registered with Official Documents Services (ODS) or Global Affairs Canada. NotaryServe® notaries are registered, ensuring their signatures will be accepted for Apostille or Authentication.

Yes. Their notaries are registered with Official Documents Services (ODS) and Global Affairs Canada. This registration is critical; if a notary is not properly registered, the government will reject your document for an Apostille.

  • Authentication: Confirms the notary's seal and signature are genuine (done by a Canadian government body).

  • Legalization: Confirms the validity of the document for use in the destination country (done by that country's embassy/consulate). Note: Legalization is often no longer required for Hague Convention countries.

  • Lawyers/Paralegals: Check the Law Society of Ontario (LSO) directory.

  • Non-Lawyers: Verify with the Ministry of the Attorney General or Official Documents Services (ODS).

A RIN is like a "driver's license number" for a business. If your corporation or partnership wants to register a vehicle in Ontario, you cannot use a personal driver's license; you must obtain a RIN. ServiceOntario requires a notarized Statutory Declaration to verify your business exists and has the authority to register vehicles.

The declaration must be signed by a director, officer, or partner and include:

  1. Business Information: Legal name (as per Articles of Incorporation), structure (Corp/Partnership), address, and contact info.

  2. Statement of Intent: A specific statement that the business intends to register a vehicle with the Ministry of Transportation Ontario (MTO).

  3. Vehicle Details: VIN, Make, Model, and Model Year of the vehicle being registered. Note: This document must be signed before a Notary Public or Commissioner of Oaths to be valid.

If you are gifting a vehicle to a specific family member, you can transfer it tax-free (exempt from Retail Sales Tax) by submitting Form 1157e.

  • Requirement: This form must be signed and sworn before a Notary Public or Commissioner of Oaths.

  • Eligible Family: Spouse, parent, step-parent, grandparent, child, step-child, grandchild, sibling, in-laws.

  • NOT Eligible: Cousins, aunts, uncles, nieces, nephews.

You can avoid paying Retail Sales Tax (RST) on the transfer by completing a Sworn Statement for a Family Gift of a Used Motor Vehicle (Form 1157e). This form acts as a legal declaration that the car is a genuine gift with no money exchanged.

Eligible family members include:

  • Spouse or Common-law partner

  • Parent, Step-parent, or Parent-in-law

  • Grandparent or Step-grandparent

  • Child, Step-child, or Grandchild

  • Sibling (including half-siblings and adopted siblings)

  • Son-in-law or Daughter-in-law

  • Note: Cousins, aunts, uncles, nieces, and nephews are not eligible.

This form is used when you are applying for a Canadian passport or travel document but do not know anyone eligible to serve as a Guarantor (someone who has known you for 2 years and holds a valid Canadian passport). It allows you to use a formal declaration to confirm your identity instead.

This form is used when you cannot find a person who has known you for two years and holds a valid Canadian passport.

The "Official" who witnesses your declaration must be one of the following:

  • Notary Public

  • Lawyer

  • Justice of the Peace

  • Commissioner for Oaths

The official will sign the form, certify your ID copies, and sign the back of your photo to verify it is you.

The Notary must do more than just stamp the paper. They are required to:

  1. Sign the Form: Confirming you made the declaration under oath.

  2. Sign the Photo: On the back of one passport photo, they must write: "This is Exhibit A to the Statutory Declaration of [Your Name] declared before me on [Date] at [City, Province]" and sign it.

  3. Certify ID Copies: They must verify that your ID copies are true copies of the originals, signing and dating them with the location.

Yes. If you are inviting a family member to visit Canada, a notarized Letter of Invitation strengthens their visa application. It should include:

  • Host Info: Your name, status in Canada (Citizen/PR), job, income, and household size.

  • Guest Info: Their name, DOB, address, relationship to you, and trip dates.

  • Promise: A statement confirming you will accommodate/support them (if applicable).

This is a sworn document used to prove you have been living with a partner in a conjugal relationship (usually for 12 continuous months). It is often required for:

  • Immigration (IRCC) sponsorship.

  • Adding a partner to employee benefits or insurance.

  • Applying for pensions.

If you are sending a minor (under 17) to study in Canada, IRCC requires a notarized Custodianship Declaration.

  • Page 1: Signed by the Custodian in Canada (must be notarized).

  • Page 2: Signed by the Parents in the home country (must be notarized in their country).

This is a sworn statement confirming you are currently single and free to marry. It is frequently required if you plan to get married in another country.

Yes, particularly for:

  • Out-of-Province Closings: If you are buying/selling property in another province or country, you often need a local notary to witness the closing documents.

  • Affidavits: Swearing specific real estate affidavits (e.g., spousal status).

Note: For a full real estate closing (transferring title), you typically need a Real Estate Lawyer, but a Notary Public may be essential for the witnessing of specific component documents.

Yes. NotaryServe® offers Document Drafting for common forms like Travel Consent Letters, OSAP Affidavits, and Invitations Letters. This ensures the legal language meets the requirements of the organization receiving the document.

While not legally "mandatory" by Canadian law, a Parental Consent Letter is strongly recommended by Global Affairs Canada. Border officials and airlines use it to prevent international child abduction. Having it notarized provides proof that the signing parent's identity was verified, increasing the likelihood of acceptance at international borders.

This FAQ is for informational purposes. For specific legal advice, always consult a lawyer or notary public, including NotaryServe®.