If you live or work in Ontario, the chances are high that you will eventually need to sign an important document in front of an official witness. Whether you are applying for a foreign visa, buying a property, swearing an affidavit for court, or sending business paperwork overseas, you will likely hear the term Notary Public.

NotaryServe is a reputable notary public serving clients in Ottawa and the GTA. For assistance, Contact NotaryServe at (613) 558-5363.

But what exactly is a Notary Public? How do they differ from other legal officials? And can you notarize documents online?

This extensive guide explains everything you need to know about Notary Publics in Ontario, including their legal authority, the specific services they offer, and how to prepare for your appointment.

Quick Link: Confused about the difference between a Notary and a Commissioner? See our detailed comparison post here for a breakdown.

Who Is a Notary Public?

A Notary Public in Ontario is a public official appointed by the Attorney General of Ontario under the Notaries Act. They are empowered to verify signatures, certify documents as true copies, and administer oaths.

While a "Commissioner of Oaths" is limited to handling affidavits and declarations for use within Ontario, a Notary Public has much broader authority. A Notary’s seal and signature are recognized across Canada and internationally.

Who can be a Notary?

In Ontario, most Notaries are:

• Non-Lawyers: Certain individuals (such as senior government officials or employees of corporations involved in international trade) may be appointed if their job strictly requires it.
• Lawyers and Paralegals: Licensed and in good standing with the Law Society of Ontario (LSO).

What a Notary Public Can Do in Ontario

A Notary Public acts as an impartial witness to deter fraud and ensure documents are properly executed. Their primary services include:

1. Notarizing Documents

The Notary verifies the identity of the signers and ensures they are signing the specific documents freely, witnesses their signatures, and applies their official seal.

2. Certifying True Copies

This is a service only a Notary can perform (Commissioners cannot). The Notary compares an original document (like a passport, degree, or birth certificate) to a photocopy and certifies that the copy is "true and genuine."

3. Administering Oaths and Affirmations

They oversee the swearing of affidavits, statutory declarations, and other legal statements used in court or for government applications.

4. International Document Authentication

They prepare documents for use outside of Canada. This often involves the Apostille process (more on this below and here).

5. Assisting with Document Drafting

Some notaries, including NotaryServe®, can assist in drafting affidavits, consent to travel letters, or statutory declarations to ensure they meet legal formatting requirements.

Note: A Notary Public cannot provide legal advice on the contents of your document unless they are specifically retained as your lawyer.

How Notaries are Appointed

Understanding the appointment process helps verify the legitimacy of your service provider.

For Lawyers and Paralegals

• Must be licensed by the Law Society of Ontario (LSO).
• Apply through Official Documents Services (ODS).
• The appointment is typically for life, provided they remain in good standing with the LSO.

For Non-Lawyers

• Must demonstrate to the Ministry of the Attorney General that notarizing documents is a core requirement of their specific job.
• Appointments are valid for three years, renewable for additional three-year terms.

Important: Non-lawyer appointments are generally not granted for the sole purpose of starting a notary business; they are granted to fulfill existing employment duties.

Remote Online Notarization: In-Person vs. Virtual

Since August 1, 2020, Ontario law permits Remote Commissioning. However, there are distinct differences between meeting in person and meeting online.

In-Person Services

Traditionally, notaries 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 administer the oath or affirmation (if required), witness the signature, and apply their stamp or seal.

Remote Services (Online)

Commissioning may be completed via a secure video call. The notary verifies your identity on camera, you sign the document digitally (or scan a signed paper copy), and the notary applies their signature and seal (sometimes digital) before returning the notarized document to you.

The "Jurat": The document must include a modified statement indicating the signing happened remotely and stating the locations of both parties.

⚠️ Critical: Notaries generally cannot Certify True Copies remotely, as they must physically inspect the original document to ensure it hasn't been altered. Furthermore, not all receiving organizations accept virtually commissioned documents. It is your responsibility to always check with the recipient before booking for remote notarization.

⚠️ Critical: As a team of Law Society of Ontario (LSO) licensees, NotaryServe is required to comply with the LSO’s regulations governing remote and virtual notarization.

When to Choose a Notary Public

You should specifically choose a Notary Public (rather than a simple Commissioner of Oaths) if:

• You need a Certified True Copy: (e.g., A university transcript, passport copy, or birth certificate).
• The document is leaving Canada: If the paperwork is for the USA, Europe, or any other destination abroad, a Notary seal is required.
• Authentication/Apostille is required: Only a Notary’s signature is registered with the government for this process.
• Recipient Requirement: The recipient specifically requests notarization (check the instructions on your form or with the requesting organization).
• Real Estate, Powers of Attorney and Any Other Important Legal Document: These highly sensitive documents almost always require a Notary

Using Canadian Documents Abroad

If your document is destined for another country, a simple signature is rarely enough. The document usually needs to be authenticated or Apostilled.

What is an Apostille?

As of January 2024, Canada is a member of the Hague Apostille Convention. This simplified the process for using Canadian documents abroad.

• Apostille: A certificate attached to your notarized document that makes it valid in over 120 member countries (including the UK, USA, India, and most of Europe).
• Authentication: Used for countries not in the Hague Convention.

To get an Apostille, your document must be notarized by an Ontario Notary Public whose signature is registered with Official Documents Services (ODS). A Commissioner of Oaths' signature will be rejected.

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

Fees and Turnaround Times

Notary Public Fees:

Typical Costs

• Standard Notarization: $20–$80 per document.
• Complex Documents: Wills, Powers of Attorney, or Certified Copies may cost more.
• Mobile Services: Extra fees apply for travel.

Turnaround Times

• In-Person: usually 10–20 minutes.
• Remote: usually 15–30 minutes (completed via video).
• Authentication/Apostille: If you need NotaryServe® to handle the government processing for you, this can take longer, depending on government processing times.

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 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.
  • For taking oaths, affidavits and declarations, 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: The jurat for remote commissioning must indicate that the act was performed remotely and state the locations of both parties.

Professional Ethics and Liability

Notaries in Ontario are held to strict ethical standards. They must remain impartial and protect your confidentiality.

• Verification: They must verify your identity. If they cannot, they must refuse service.
• Understanding: They must be satisfied that you understand the document you are signing.
• Penalties: A Notary who signs a false affidavit or fails to verify identity can face fines, loss of appointment, or even criminal charges.

How to Verify a Notary'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.

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

How to Prepare for a Notary Appointment

To ensure a smooth experience, follow this checklist:

1. [ ] Do Not Sign Yet: Wait until you are in front of the Notary (physical or virtual). If you sign beforehand, you will have to re-sign.
2. [ ] Bring Valid ID: A government-issued photo ID (Driver’s License, Passport, Ontario Photo Card).
3. [ ] Bring the Originals: If you need certified copies, you must bring the original documents, not photocopies.
4. [ ] Check Instructions: Does the recipient require a "wet ink" signature (pen on paper), or is digital acceptable?
5. [ ] Book Ahead: While some places accept walk-ins, booking ensures availability.

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

Local Resources in Ottawa and Ontario

If you need a Notary in the Ottawa or Toronto areas, you have reliable options.

NotaryServe®

We offer full-service notarization, commissioning, and assistance with document drafting.

• Ottawa: 19 Foxden Place, K1G 6A5
• Toronto: Suite 1004, 39 Richview Road, M9A 4M7
• Contact: 613-558-5363 | contact@notaryserve.ca
• Services: In-person and Mobile Notarization.

Other Options

• ServiceOntario: Can commission some specific government forms (but generally do not notarize private documents).
• City Hall: Municipal clerks often offer commissioning services for city business.
• Courthouses: For court-specific affidavits.

Conclusion: Making the Right Choice for Your Document Needs

Choosing the right official ensures your documents are legally valid and accepted without delay. If your documents are staying in Ontario, a Commissioner may suffice. But if you need certified copies or are sending documents internationally, a Notary Public is the required choice.

Ready to get your documents signed? NotaryServe® provides fast, affordable, and professional notary services in Ottawa, Toronto, and across Ontario.

Book Your Appointment Online Today

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.

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NotaryServe® — Your Notary Public in Ontario
Ottawa: Suite 201, 1187 Bank Street, Ottawa, ON K1S 3X7

Toronto: Suite 1004, 39 Richview Road, M9A 4M7
Contact: 613-558-5363 | contact@notaryserve.ca

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