Notary Public vs. Commissioner for Oaths in Ontario
Notary Public vs. Commissioner for Oaths in Ontario
NotaryServe
November 23, 2025
1:41 am
Notary Public in Ontario

Note: This is a long read - about 18 minutes. Use the Table of Contents to jump to any section that interests you.

Table of Contents

Understanding the Difference between a Notary Public and a Commissioner for Oaths

If you live or work in Ontario, chances are you will eventually need to sign an important document in front of an official witness. Maybe you are applying for a passport, buying property, swearing an affidavit for court, or sending paperwork overseas. In these situations, you will likely hear two terms: Notary Public and Commissioner for Oaths (also called Commissioner for Taking Affidavits). While both play a crucial role in verifying documents and signatures, their powers, duties, and the types of documents they can handle differ.

Knowing which professional to approach can save you time, money, and frustration.

This blog post explains the key differences between a notary public and a commissioner for oaths in Ontario. It covers their legal authority, duties, limitations, how they are appointed, and when you might need each service.

Who Is a Notary Public?

A Notary Public in Ontario is a legal professional appointed by the Attorney General of Ontario under the Notaries Act. Notaries have broad authority to verify signatures, certify true copies of documents, administer oaths and affirmations, and witness the execution of legal documents.

Their seal and signature are recognized not just in Ontario but across Canada and internationally, making them essential for documents intended for use outside the province or country.

Most notaries in Ontario are lawyers or paralegals, but certain non-lawyers can also be appointed (for example, government officials or employees of organizations involved in international trade).

Who is a Commissioner of Oaths?

A Commissioner for Oaths (formally, Commissioner for Taking Affidavits) is authorized under the Commissioners for Taking Affidavits Act to administer oaths, affirmations, and declarations.

Their main job is to witness you swearing or affirming that the contents of a document (like an affidavit or statutory declaration) are true.

Commissioners for oaths cannot certify true copies of documents or notarize signatures for international use. Their authority is generally limited to documents for use within Ontario or Canada.

Many professionals, such as lawyers, paralegals, municipal clerks, and some government employees, are automatically commissioners by virtue of their position. Others can apply to the Attorney General of Ontario for an appointment if their work requires it.

What a Notary Public Can Do in Ontario

A notary public in Ontario provides a range of services, including:

  • Notarizing Documents: Verifying the identity of signers, witnessing signatures, and applying a notary seal to confirm authenticity.
  • Certifying True Copies: Confirming that a photocopy is a true and accurate copy of an original document (such as a passport, diploma, or birth certificate).
  • Administering Oaths and Affirmations: Overseeing the swearing or affirming of affidavits, statutory declarations, and other sworn statements.
  • International Document Authentication: Preparing documents for use outside Canada, including notarization, authentication, and apostille services.

Notaries must verify the identity of all signers using government-issued photo ID, ensure each signer signs voluntarily, and keep detailed records of each notarization. They cannot provide legal advice unless they are also acting as your lawyer.

What a Commissioner for Oaths Can Do in Ontario?

A commissioner for oaths in Ontario is authorized to:

  • Administer Oaths and Affirmations: Witnessing individuals swear or affirm that the contents of a document are true.
  • Take Affidavits and Statutory Declarations: Overseeing the signing of sworn statements for use in court, government applications, or other official purposes.
  • Verify Signatures: Confirming the identity of the person signing the document and witnessing the signature.

Their main role is to ensure that the person making the statement understands its contents and that the signing is voluntary.

What Notaries and Commissioners Cannot Do

Notaries Public:

  • Cannot notarize documents in which they have a personal or financial interest.
  • Cannot notarize documents if the signer does not understand what they are signing or is under duress.
  • Cannot notarize documents that are incomplete or contain blank spaces.
  • Must refuse service if fraud, coercion, or incapacity is suspected.

Commissioners for Oaths:

  • Cannot certify true copies of documents (unless another law specifically allows it).
  • Cannot notarize documents for use outside Ontario or Canada.
  • Cannot commission their own documents or act outside the limits of their appointment.
  • Must refuse to commission documents if the signer does not understand the contents, is not signing voluntarily, or lacks capacity.

Both notaries and commissioners must follow strict procedures for verifying identity, witnessing signatures, and record-keeping. Failure to comply can result in fines, loss of appointment, or even criminal charges.

How Notaries are Appointed

For Lawyers and Paralegals:

  • Must be licensed and in good standing with the Law Society of Ontario (LSO).
  • Apply through Official Documents Services (ODS).
  • Pay a one-time fee ($145 as of 2025; waived for government lawyers/paralegals).
  • Appointment is for life, as long as the lawyer/paralegal remains in good standing.

For Non-Lawyers/Non-Paralegals:

  • Must demonstrate that notarizing documents is a required part of their job (e.g., for international business).
  • Apply through the Ministry of the Attorney General.
  • Pay an appointment fee ($110 as of 2025; waived for certain government employees).
  • Appointment lasts three years and can be renewed for additional three-year terms.

Important: Notary appointments for non-lawyers are not granted for starting a new business or expanding services, but only to fulfill existing job duties

How Commissioners for Oaths are Appointed

Automatic Appointment (By Virtue of Office):

  • Lawyers, paralegals, municipal clerks, judges, and certain government officials are automatically commissioners and do not need to apply or pay a fee.

Application Process (For Others):

  • Must be eligible to work in Canada.
  • Must work at a registered Ontario business or organization that is required under federal, provincial or municipal law to produce sworn affidavits as part of its regular business.
  • Pay an appointment fee ($75 as of 2025; waived for certain government employees).
  • Appointment lasts three years and can be renewed for additional three-year terms.

Self-Employed Applicants: May write their own letter of authorization.

Important: Appointments for non-lawyers are not granted for starting a new business or expanding services, but only to fulfill existing job duties

Renewal: Both notary and commissioner appointments must be renewed before expiry to avoid interruption of authority.

Comparison Table: Notary Public vs. Commissioner for Oaths in Ontario

Feature / AuthorityNotary PublicCommissioner for Oaths
Governing LawNotaries ActCommissioners for Taking Affidavits Act
AppointmentBy Attorney General (lawyers/paralegals: ODS)By Attorney General or by virtue of office
Who Can ApplyLawyers, paralegals, select non-lawyersMany professionals, select non-lawyers
Term LengthLifetime (lawyers/paralegals); 3 years renewable (others)3 years (renewable)
Administer Oaths/AffirmationsYesYes
Take Affidavits/DeclarationsYesYes
Certify True CopiesYesNo (unless another law allows)
Witness/Attest SignaturesYesNo
Notarize for International UseYesNo
Provide Legal AdviceNo (unless acting as lawyer)No
Fees (Typical)$10–$50+ per documentOften lower/free, varies by provider
Use Outside Ontario/CanadaYesNo
Seal/Stamp RequiredYes (registered with ODS)Yes (approved wording, expiry date)
Record-KeepingYesYes
Remote Services AllowedYes (with conditions)Yes (with conditions)
Verification of AppointmentODS, Law Society, public registryMinistry of the Attorney General, employer

This table summarizes the main differences between a notary public and a commissioner for oaths in Ontario. Notaries have broader authority, especially for certifying copies and handling documents for international use, while commissioners are limited to administering oaths and affirmations for domestic purposes.

Remote Commissioning and Notarization: In-Person vs. Online

In-Person Services

Traditionally, both notaries and commissioners performed their duties in person. The signer would appear before the official, present a valid photo ID, and sign the document in the official's presence. The official would then witness the signature, administer the oath or affirmation (if required), and apply their stamp or seal.

Remote Services

Since August 1, 2020, Ontario law allows for remote commissioning and, in some cases, remote notarization. This means you can complete many document signings over a secure video call, provided certain conditions are met:

  • Both parties must be able to see, hear, and communicate in real time.
  • The official must verify your identity (usually by examining your ID on camera).
  • A modified jurat (statement) must be used, indicating the document was commissioned remotely and stating the locations of both parties.
  • The official must keep a record of the transaction.

Important: Not all organizations or recipients accept remotely commissioned or notarized documents. Always check with the receiving party before choosing remote services.

Remote Notarization: Notaries may perform some services remotely, but certifying true copies of documents still requires in-person verification of the original document.

When to Choose a Notary Public vs. a Commissioner for Oaths

When to Use a Notary Public

You should see a notary public in Ontario when:

  • You need a certified true copy of a document (e.g., passport, diploma, birth certificate).
  • Your document will be used outside Ontario or Canada (e.g., for immigration, study, work, or business abroad).
  • You need to notarize a signature for international or federal purposes.
  • You require authentication or apostille for your document (for use in a Hague Convention country).
  • The recipient specifically requests notarization (check the instructions on your form or with the requesting organization).

When to Use a Commissioner for Oaths

A commissioner for oaths may be appropriate when:

  • You need to swear or affirm the truth of a statement in a document (e.g., affidavit, statutory declaration) for use within Ontario or Canada.
  • The document is for a provincial or municipal government purpose (e.g., vehicle transfer, school forms, local licensing).
  • The recipient accepts commissioning by a commissioner for oaths (check the form or with the organization).
  • You do not need a certified true copy or international notarization.

Key Tip: If you are unsure, ask the recipient or consult a notary public. Notaries can perform all the duties of a commissioner, so if in doubt, a notary public is the safer choice, especially for documents with international or federal use.

Using Canadian Documents Abroad

Notarization Matters for Documents To Be Used Abroad

If your document will be used outside Canada, it almost always needs to be notarized by a notary public. This is because:

  • Notary seals and signatures are recognized internationally.
  • Commissioned documents (by a commissioner for oaths) are generally not accepted outside Ontario or Canada.
  • Authentication and apostille processes require notarization.

Authentication and Apostille

  • Authentication is the process by which Official Documents Services (ODS) in Ontario verifies the notary’s signature and seal for use in countries that are not part of the Hague Apostille Convention.
  • Apostille is a simplified form of authentication for countries that are members of the Hague Apostille Convention (Canada joined in January 2024). You may not need to legalize the apostilled document at your embassy.

To get an apostille or authentication, your document must be notarized by an Ontario notary public whose signature and seal are registered with ODS. Commissioners for oaths cannot provide this service.

Examples of documents needing notarization and apostille/authentication:

  • Birth, marriage, or death certificates for use abroad
  • Academic transcripts and diplomas for foreign schools or employers
  • Powers of attorney for overseas property or business
  • International business contracts
  • Immigration and visa documents

Tip: Always check with the embassy, consulate, or recipient organization to confirm their requirements before proceeding.

Fees and Turnaround Times

Notary Public Fees:

  • Fees vary by provider, location, and document type.
  • Standard notarization or commissioning: $10–$50 per document is common; some providers may charge more for complex or urgent services.
  • Certified true copies, powers of attorney, real estate documents, and international documents may cost more.
  • Mobile or after-hours services may incur additional fees.
  • Online/remote notarization: $30–$60 per document is typical for digital services.

Commissioner for Oaths Fees:

  • Fees are often lower or free, especially when provided by a government office, a courthouse, or a municipal clerk.
  • Private commissioners may charge $10–$30 per document.

Tip: Always ask for a fee schedule in advance.

Turnaround Times

  • In-person appointments: Most notarizations or commissions can be completed in 10–30 minutes if you have all the required documents and ID.
  • Remote/online services: Many providers offer same-day or next-day appointments; documents can be finalized online in as little as 10-30 minutes.
  • Authentication/apostille: Processing varies depending on where the request is made. Some notaries, like NotaryServe®, can assist you in getting your document authenticated/apostilled.

Tip: For remote appointments, ensure you have a reliable internet connection and a way to scan or upload documents if required.

Record-Keeping, Stamps, and Seals

Notary Public

  • Seal/Stamp: Notaries must use an official seal or stamp, often embossed, with their name and appointment details. The seal is registered with ODS for authentication purposes.
  • Record-Keeping: Notaries should keep a log of all notarizations, including date, type of document, names of signers, and identification details.
  • Jurat Wording: The notary certifies when and where the document was signed, and that the signer appeared before them. For certified true copies, a statement such as “I certify this to be a true copy of the original document presented to me” is used.

Commissioner for Oaths

  • Stamp: Commissioners use a stamp with approved wording, including their name, title, and expiry date. The stamp must be updated upon renewal.
  • Record-Keeping: Commissioners must keep records of all acts, especially for remote commissioning.
  • Jurat Wording: The jurat typically reads:
    “Sworn (or Affirmed or Declared) before me at the (City, Town, etc.) of __________ in the (County, Regional Municipality, etc.) of __________, on (date). Commissioner for Taking Affidavits.”

Remote Services: For remote commissioning or notarization, the jurat must indicate that the act was performed remotely and state the locations of both parties.

Professional Ethics and Liability

Both notaries and commissioners are held to high ethical standards:

  • Impartiality: Must remain neutral and not act in cases where they have a personal interest.
  • Confidentiality: Must protect client information and documents.
  • Penalties: Improper acts (such as failing to verify identity, signing false statements, or acting outside authority) can result in fines up to $2,000, loss of appointment, or criminal charges (including up to two years’ imprisonment for knowingly signing a false affidavit).

Accessibility and Accommodations

Ontario law requires notaries and commissioners to provide accessible services to people with disabilities, both in person and remotely. This may include:

  • Using plain language or large print
  • Providing sign language interpretation
  • Using assistive technologies (screen readers, dictation)
  • Offering remote services with closed captioning or interpreters

If you need accommodations, inform the provider in advance so they can make arrangements to meet your needs.

How to Verify a Notary or Commissioner’s Appointment and Credentials

  • Notary Public (Lawyers/Paralegals): Check with the Law Society of Ontario or Official Documents Services (ODS).
  • Notary Public (Non-Lawyers): Verify with the Ministry of the Attorney General or ODS.
  • Commissioner for Oaths: Confirm with the Ministry of the Attorney General, the person’s employer, or the organization that appointed them.

You can also ask to see the official’s appointment certificate, stamp, or seal. For notaries, their seal and signature should match the records at ODS, especially for documents needing authentication or apostille.

Documents Typically Notarized

  • Certified true copies of passports, diplomas, birth certificates
  • Powers of attorney (for property, personal care, or business)
  • Real estate documents (deeds, mortgages, transfers)
  • International business contracts
  • Immigration and visa documents for use abroad
  • Statutory declarations and affidavits for federal or international use
  • Loan agreements and financial documents
  • Letters of invitation for foreign visitors.

Documents That Can Be Commissioned

  • Affidavits for court proceedings (family, civil, small claims)
  • Statutory declarations for provincial or municipal purposes
  • Sworn statements or school forms
  • Applications for municipal licenses or zoning variances
  • Provincial government forms requiring an oath or affirmation
  • Sworn statements for insurance claims or employment purposes

Checklist:

  • If your document is for use outside Ontario/Canada, or if it needs a certified true copy, see a notary public.
  • If your document is for use within Ontario/Canada and only requires an oath or affirmation, a commissioner for oaths may be sufficient.

Sample Wording and What to Expect at an Appointment

Sample Jurat for Commissioned Affidavit

Sworn (or Affirmed or Declared) before me at the (City, Town, etc.) of __________ in the (County, Regional Municipality, etc.) of __________, on (date).

Commissioner for Taking Affidavits
(Stamp here)

Sample Notarial Certificate for Certified True Copy

I certify this to be a true copy of the original document presented to me this (date).

Notary Public for the Province of Ontario
(Seal here)

How to Prepare for Notary or Commissioner Visits

  1. Check Requirements: Confirm with the recipient whether notarization or commissioning is required, and whether remote services are accepted.
  2. Gather Documents: Bring the original document(s) and any copies that need to be certified.
  3. Bring Valid Photo ID: Government-issued ID (driver’s license, passport, or Ontario photo card) is required.
  4. Do Not Sign in Advance: Wait to sign your document in front of the notary or commissioner.
  5. Book an Appointment: Many providers offer walk-in, scheduled, or online appointments.
  6. Attend Appointment: In person or online, present your ID, sign the document, and answer any questions. For affidavits or declarations, the official will ask you to swear or affirm the truth of the contents. Do not sign until instructed; the official must witness your signature. The official applies their signature, stamp, or seal.
  7. Explain Your Needs: State whether you need notarization or commissioning.
  8. Pay Fees: Fees are usually payable by debit or credit card, e-transfer, or cash.
  9. Receive Your Document: The official will apply their stamp or seal and return the completed document to you.

Tip: For remote appointments, follow instructions for uploading or mailing documents as needed.

Local Resources in Ottawa and Ontario

If you need notary or commissioner services in Ottawa or elsewhere in Ontario, you have several options:

  • NotaryServe®: Full-service notary public and commissioner of oaths, with locations in Ottawa (19 Foxden Place, K1G 6A5) and Toronto. Walk-ins welcome for urgent requests; appointments available for convenience. Contact: 613-558-5363 or contact@notaryserve.ca.
  • ServiceOntario Centres: Many offer commissioner services for government forms.
  • Municipal Offices: City halls and municipal offices often have commissioners for local business.
  • Law Firms and Paralegal Offices: Most lawyers and paralegals are both notaries and commissioners.

Tip: Always confirm the provider’s credentials and check if your document can be handled remotely.

Conclusion: Making the Right Choice for Your Document Needs

Understanding the difference between a notary public and a commissioner for oaths in Ontario is essential for ensuring your documents are properly authenticated and legally valid. Here’s what to remember:

  • Notary Publics have broader authority: they can certify true copies, notarize signatures, and handle documents for international use. Their seal and signature are recognized worldwide.
  • Commissioners for Oaths are limited to administering oaths, affirmations, and declarations for documents used within Ontario or Canada. They cannot certify true copies or notarize for international purposes.
  • Always check the requirements of the recipient organization or authority before choosing a service.
  • Remote services are available for many documents, but acceptance varies—confirm before proceeding.
  • Fees and turnaround times vary; ask in advance and bring all required documents and ID.
  • Accessibility and accommodations are available—just ask if you need support.

If you are unsure which service you need, consult a notary public or legal professional. NotaryServe® is here to help with all your notarization and commissioning needs in Ottawa, Toronto, and across Ontario.

This blog post is provided by NotaryServe® for informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified legal professional.

NotaryServe® — Your Notary Public in Ontario
Ottawa: 19 Foxden Place, K1G 6A5 | Toronto: Suite 1004, 39 Richview Road, M9A 4M7
Contact: 613-558-5363 | contact@notaryserve.ca

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Category : Blog
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