A notary public and a commissioner of oaths in Ontario have different legal powers. Both can administer oaths and take affidavits or declarations, but a notary public can also verify signatures and certify true copies of documents. The right choice depends on what your document requires and who will receive it.
For example, you may only need a commissioner to swear an affidavit for an Ontario court proceeding. But if an international organization requests a notarized signature or certified copy of an original document, a commissioner alone may not be sufficient.
Understanding the difference before booking an appointment can save time, money, and the frustration of having documents rejected.
What Is the Difference Between a Notary Public and a Commissioner of Oaths in Ontario?
The main difference is the authority each person has under Ontario law. A commissioner for taking affidavits, commonly called a commissioner of oaths, can administer oaths, affirmations, and declarations. A notary public has those same powers, along with authority to verify signatures and certify true copies.
| Service | Commissioner of Oaths | Notary Public |
| Administer an oath or affirmation | Yes | Yes |
| Commission an affidavit or statutory declaration | Yes | Yes |
| Certify a true copy of a document | No | Yes |
| Verify or attest a signature as a notarial act | No | Yes |
| Provide remote services | Remote commissioning permitted under specific rules | Remote commissioning may be possible, but remote notarization is not permitted |
| Prepare a document for possible apostille processing | Commissioned documents are not eligible for Ontario apostilles | Eligible notarized documents may be apostilled |
Some commissioners have restrictions on the documents or circumstances in which they may act, so their particular authority should also be confirmed. The simplest way to decide is to check whether the recipient requires a sworn statement, a certified copy, or a notarized signature. These are different services.
What Does a Commissioner of Oaths Do, and When Is One Enough?
A commissioner of oaths administers oaths or affirmations and takes affidavits or declarations under Ontario’s Commissioners for Taking Affidavits Act, where permitted by law. Commissioning is generally sufficient when a document requires a sworn or affirmed statement and the receiving organization accepts it.
Common examples include:
- Affidavits for Ontario court proceedings
- Statutory declarations for certain applications
- Sworn statements related to vehicle transfers or gifts
- Declarations required for certain municipal or government processes
During commissioning, the person making the statement swears or affirms that its contents are true. The commissioner verifies their identity, administers the oath or declaration, and completes the required certification. Commissioning does not independently verify that every statement in the document is accurate.
An authorized court official may be able to commission an affidavit for an Ontario court proceeding. However, some commissioners have restrictions on the documents they can handle. Always confirm the receiving organization’s requirements before signing.
What Can a Notary Public Do That a Commissioner Cannot?
A notary public can perform all the functions of a commissioner of oaths, along with additional notarial acts under Ontario’s Notaries Act.
These additional powers are particularly useful when documents require formal verification for use by businesses, institutions, or authorities outside Canada.
Certify true copies of documents
A notary can compare an original document with a copy and certify that the copy accurately reproduces the original. This may be required for educational records, identification documents, corporate records, or other documents where the recipient specifically requests a certified copy.
A commissioner of oaths does not have the authority to certify true copies merely by being a commissioner.
Verify signatures
A notary may also witness or attest to the execution of documents and verify signatures or marks as part of an authorized notarial act. This can matter for certain international, commercial, property, or legal transactions.
Notarizing a signature does not mean that the notary approves the agreement or confirms that its terms are legally appropriate.
Assist with documents intended for international use
Some documents intended for use outside Canada require notarization before they can proceed through additional authentication steps. This is particularly relevant when a foreign government, embassy, educational institution, or business specifically requests a notarized document.
Rogers & Company provides notary and commissioning services for individuals and businesses in Oakville and across the GTA, including support with international documents, affidavits, statutory declarations, real estate papers, and travel consents.
Which Service Do You Need for Different Documents?
The document’s intended use is more important than what it looks like.
Here are a few practical situations.
You need to swear an affidavit for an Ontario court
A commissioner of oaths may be sufficient, provided the person is authorized to commission that affidavit and the court accepts it.
You need a certified copy of your diploma
You will generally need a notary public if the recipient specifically requests a notarized or certified true copy.
However, certain Ontario issued educational documents may qualify for authentication without prior notarization. The exact requirements depend on their intended use.
You need to sign an international business document
If the receiving organization specifically requires notarization, use a notary public. A commissioned declaration is not automatically an acceptable substitute.
You need a statutory declaration
An authorized commissioner may be sufficient if the declaration is intended for a Canadian organization that accepts commissioning. If the document is destined for another country or requires an apostille, additional requirements may apply.
One document can involve more than one requirement. For instance, a recipient may ask for a sworn declaration and a separate notarized copy of supporting identification. Having one document commissioned does not necessarily satisfy the requirements for the other.
Do You Need a Notary Public for Documents Used Outside Canada?
Not always. The requirement depends on the document, destination country, and receiving authority. Canada joined the Hague Apostille Convention on January 11, 2024. Ontario’s Official Documents Services now issues apostilles for eligible documents intended for countries participating in the Convention.
Apostilles authenticate the signature, seal, or official capacity associated with a qualifying public document. They do not independently verify that every statement within the document is true.
There are two important distinctions:
1. Commissioned documents cannot be apostilled through Ontario’s Official Documents Services.
A declaration that has only been commissioned may not meet the requirements for international authentication.
2. Not every document needs notarization before an apostille.
Certain Ontario issued documents, including eligible vital statistics records, business registry documents, court documents, and public post-secondary educational records, may qualify for direct authentication.
This means paying for notarization is not always necessary. Before arranging either service, confirm the requirements with the destination country’s embassy, consulate, or final document recipient.
For more information about preparing documents, see Rogers & Company’s guide on how to notarize a document in Ontario.
Can You Get Notary or Commissioner of Oaths Services Online in Ontario?
Remote commissioning is permitted in Ontario under specific legal conditions, but remote notarization is not.
Ontario Regulation 431/20 allows certain oaths and declarations to be commissioned remotely when the required procedures are followed.
These include:
- Real time electronic communication allowing the commissioner and person making the declaration to see, hear, and communicate with each other
- Verification of the person’s identity
- Completion of the required declaration or certification wording indicating that the process took place remotely
- Compliance with the other applicable requirements
However, an organization is not necessarily required to accept a remotely commissioned document, even when the process was legally completed. Notarization is different. Ontario currently requires notarial acts to be performed in person under the Notaries Act.
This distinction matters when searching for online notary services. A provider may advertise virtual appointments but only be authorized to commission certain documents remotely. Always verify which service is actually being offered and whether the recipient will accept the resulting document.
Are Lawyers Automatically Notaries or Commissioners of Oaths?
In Ontario, lawyers and paralegals licensed by the Law Society of Ontario are automatically commissioners for taking affidavits by virtue of their office. They are not automatically appointed as notaries public.
To become a notary public, an eligible lawyer or paralegal must apply for and receive an appointment under Ontario’s Notaries Act. Other eligible individuals may also be appointed as commissioners or notaries, subject to the relevant requirements and restrictions. This is another reason to confirm the service available rather than assuming every legal professional can notarize documents.
Rogers & Company provides travelling notary and commissioning services for individuals and businesses in Oakville, Halton, Peel, and the GTA.
If you are unsure which service your document requires, contact Rogers & Company with the document details and receiving organization’s instructions. The team can help clarify the appropriate service before you arrange an appointment.
Frequently Asked Questions
Does notarization prove that everything in a document is true?
No. Notarization may verify a signature, execution, or copy, depending on the notarial act. It does not automatically establish the accuracy or legality of the document’s contents.
What if my document says it must be both notarized and sworn?
Ask the receiving organization exactly what certification is required. A properly appointed notary can also administer an oath or affirmation, but the document may require specific wording, signatures, seals, or more than one notarial act.
Need a Notary Public or Commissioner of Oaths in Oakville?
The right service depends on what you need to certify and where the document is going. An affidavit intended for an Ontario court may only require commissioning, while a certified true copy or international document may need a notary public.