Introduction: “Get It Notarized” (But What Does That Mean?)
A bank, a government office, or a court hands you a form and says, “Get this notarized.” Or maybe, “Have this commissioned.” Then you wonder: are those the same thing?
They are related, but they are not identical. Here is the short answer.
In Ontario, a Commissioner for Taking Affidavits (often called a commissioner of oaths) can administer oaths and affirmations and take affidavits and statutory declarations. A Notary Public can do all of that, and can also certify that signatures, marks and copies of documents are true and genuine, using an official notarial seal.
In other words, every notary public can act as a commissioner, but not every commissioner is a notary public. Which one you need depends on what the receiving organization is asking for.
This guide explains the difference under Ontario law, clears up the confusion about “online notary Ontario” services, and helps you decide who to see.
What Is a Commissioner for Taking Affidavits (Commissioner of Oaths) in Ontario?
A Commissioner for Taking Affidavits is a person authorized under Ontario’s Commissioners for Taking Affidavits Act to administer oaths and affirmations. They also take affidavits and statutory declarations.
That means they confirm that you are swearing or affirming that the contents of a document are true, and they witness your signature.
A commissioner’s role is limited. They do not certify that a copy of a document is a true copy of an original.
Documents a commissioner commonly handles
- Affidavits for court, including Family Law and Civil Litigation matters
- Statutory declarations in Ontario, such as declarations for OSAP, common-law status, a lost passport, or an insurance claim
- Pension, benefits and other forms that require a sworn or declared statement
Who is a commissioner in Ontario?
In Ontario, licensed lawyers regulated by the Law Society of Ontario (LSO) are commissioners for taking affidavits by virtue of their office. Others, such as certain municipal officials and individuals appointed for specific purposes, may also hold commissioner status. Their authority is generally narrower.
What Is a Notary Public in Ontario?
A Notary Public in Ontario is appointed under the Notaries Act. A notary has all the powers of a commissioner for taking affidavits, plus additional authority.
The key difference is this: a notary can verify that signatures, marks and copies of documents are true and genuine, and affix an official notarial seal.
Certified true copies in Ontario
The most common reason people need a notary is a certified true copy Ontario request. The notary examines your original document and certifies that the copy is a true copy of it.
Common examples include:
- Passports
- Driver’s licences
- University degrees and transcripts
- Birth and marriage certificates
Documents for international use
Notarization also matters for documents going outside Canada. Many foreign authorities want a notarized document, and some also want it authenticated.
In Ontario, Official Documents Services handles authentication and the Apostille process for eligible documents. A notary’s signature and seal are often the first step in that chain.
Requirements vary by destination country. Always confirm what the foreign authority will accept before you start.
Side-by-Side Comparison: Notary Public vs. Commissioner of Oaths
Commissioner for Taking Affidavits
- Governing Act: Commissioners for Taking Affidavits Act
- Can administer oaths and affidavits? Yes
- Can certify true copies of original documents? No
- Official seal used? Commissioner stamp or details, as required
- Can it be done online in Ontario? Affidavits and declarations can be commissioned remotely under O. Reg. 431/20, if the conditions are met.
Notary Public
- Governing Act: Notaries Act (a notary also holds commissioner powers)
- Can administer oaths and affidavits? Yes
- Can certify true copies of original documents? Yes
- Official seal used? Official notarial seal
- Can it be done online in Ontario? Certifying a true copy requires you to appear in person with the physical original.
Can You Use an Online Notary in Ontario? (The Virtual Commissioning Rule)
Many people search for “online notary Ontario” expecting a quick video call to get anything notarized. The reality is more specific.
What is not permitted: online notarization
Online or remote notarization is not permitted in Ontario under the Notaries Act. The Law Society of Ontario has communicated this position to the profession.
A notary public cannot certify a true copy of a document over video. To certify a copy, the notary must see the physical original in person.
What is permitted: remote commissioning
Remote commissioning in Ontario is legal. Under O. Reg. 431/20 (Administering Oath or Declaration Remotely), made under the Commissioners for Taking Affidavits Act, a commissioner can administer an oath or declaration by live two-way audio-video call, if the regulation’s conditions are met.
In practice, this means you can swear or affirm an affidavit or statutory declaration by video, without travelling to an office. The jurat (the statement at the end of the document) is modified to show that the document was commissioned remotely.
An important caveat
Before you book, confirm that the receiving institution will accept a remotely commissioned document. Some courts, agencies, banks and foreign bodies have their own rules. We cannot guarantee that any third party will accept a particular document.
Which One Do You Need? Common Ontario Scenarios
Use these examples as a starting point. Always check the instructions from the organization asking for your document.
- Child travel consent letter: Usually a commissioned statement or a notarized letter, depending on who is asking. Border and foreign authorities vary, so confirm their requirements first.
- Real estate and mortgage documents: A lawyer is typically involved in an Ontario real estate transaction. Some documents also call for independent legal advice, not just a witness.
- IMM 5409 Common-Law Declaration: A commissioner (or notary, who also has commissioner powers) takes your declaration. A lawyer can do this.
- Certified copies of ID or credentials: A notary public. Bring the original.
- Foreign documents or documents going abroad: Often a notary public, sometimes followed by authentication or an Apostille through Official Documents Services. Confirm requirements for the destination country.
- Affidavit for court: A commissioner. A lawyer can also help you draft it correctly.
- Agreements where independent legal advice is needed: A lawyer. A stamp alone is not enough.
If you are unsure, ask the requesting organization one question: “Do you need the document sworn, or do you need a copy certified?” The answer tells you which service applies.
Why Use an Ontario Lawyer Instead of a Non-Lawyer Notary?
In Ontario, lawyers are commissioners for taking affidavits by virtue of their office. Most also hold notary public appointments.
A non-lawyer notary or commissioner can witness your signature or certify a copy. However, they are not permitted to give legal advice or draft complex legal provisions.
An Ontario lawyer can do more:
- Draft or review the underlying document, so it says what you need it to say
- Explain what you are signing, and what the consequences are
- Spot problems before you sign, such as missing exhibits or incorrect wording
- Provide independent legal advice when a document requires it
At Nirman’s Law in Ottawa, our team makes sure your document is not just stamped, but properly prepared. This matters especially when it connects to real estate, wills and estates, immigration, civil litigation, or corporate and commercial law.
How to Prepare for Your Appointment (Checklist)
- Bring valid government-issued photo ID. The name on your ID should match the name on your document.
- Do not sign the document beforehand. You will sign in front of the commissioner or notary (or on camera, for remote commissioning).
- Bring the physical original if you need a certified true copy. Photocopies of photocopies cannot be certified.
- Bring the copies you want certified. Ask the office if they can make copies.
- Confirm your exhibits. If your affidavit refers to exhibits, have them ready and labelled.
- Read your document carefully. You are swearing or affirming that it is true.
- Check the receiving organization’s requirements. Ask whether they need an original seal, a specific wording, or a particular type of certification.
- For remote commissioning, have a stable internet connection, a working camera and microphone, and your ID ready to show on camera.
Frequently Asked Questions
Are all lawyers notaries in Ontario?
All licensed Ontario lawyers are commissioners for taking affidavits by virtue of their office. Most also hold a notary public appointment, but you should confirm that the lawyer you are seeing can certify true copies.
Does a commissioner of oaths stamp expire for a lawyer?
A lawyer’s commissioner authority continues as long as they remain licensed with the Law Society of Ontario. Commissioners who are not lawyers are typically appointed for a set term, and their expiry date should appear with their details.
What is the difference between an affidavit and a statutory declaration in Ontario?
Both are written statements made under oath, affirmation or declaration. Affidavits are most often used in court proceedings. Statutory declarations are commonly used for administrative purposes, such as government forms and insurance claims.
Can I sign my document before my appointment?
No. You should sign in front of the commissioner or notary. If you have already signed, bring an unsigned copy or ask the office what to do.
Conclusion: Book Your Appointment With Nirman’s Law
The difference comes down to this: a commissioner takes your oath or declaration, while a notary public can also certify true copies and signatures. In Ontario, a lawyer can do both, and can advise you on the document itself.
If you are in Ottawa, we welcome you to visit Nirman’s Law in person. If you only need an affidavit or statutory declaration, we can also help clients across Ontario through remote commissioning, where the circumstances permit.
Contact Nirman’s Law to arrange your appointment for notary and commissioning services.
Disclaimer: This article is for general legal information only and does not constitute legal advice. Laws and requirements change, and your situation may differ. Please consult a lawyer about your specific circumstances.
