Notary & Commissioner of Oaths in Ontario: What You Need to Know
Many legal and government transactions require a notarized document or sworn affidavit. Understanding who can help you — and what they can certify — saves time and avoids costly mistakes.
Commissioner of Oaths vs. Notary Public
| Feature | Commissioner of Oaths | Notary Public |
|---|---|---|
| Who can be one? | Appointed by province — includes many paralegals, lawyers, government staff | In Ontario, only lawyers and Quebec notaries |
| What they do | Administer oaths; witness signatures on affidavits & statutory declarations | All commissioner powers + certify copies, authenticate for international use |
| International recognition | Generally not recognized abroad | Recognized internationally; can prepare for apostille |
| Use cases | Court affidavits, government forms, insurance declarations | Foreign document use, certified true copies, powers of attorney for foreign use |
Common Documents That Need to Be Notarized or Commissioned
- Affidavits for court proceedings (Small Claims, LTB, HRTO, etc.)
- Statutory declarations (for name changes, lost documents, employment)
- Certified true copies of passports, birth certificates, diplomas
- Powers of attorney for use outside Canada
- Consent letters for children travelling abroad
- Financial affidavits for family law proceedings
- Immigration forms (proof of status, sponsor declarations)
What Is an Apostille?
An apostille is a form of international authentication issued under the Hague Convention. Canada joined the Hague Apostille Convention in January 2024. This means Canadian documents can now receive a Canadian apostille for recognition in 120+ countries, replacing the previous chain of legalization (notarize → provincial authentication → Global Affairs Canada).
In Ontario, apostilles are issued by the Ministry of the Attorney General. The document must first be notarized by a Notary Public.
Bringing Your Documents
- Always bring valid government-issued photo ID (passport, driver's licence, PR card).
- Do not sign the document before meeting the commissioner — you must sign in their presence.
- Bring the original document and, for certified copies, the original you want copied.
- If the document is in another language, a certified translation may also be required.
Can a Paralegal Be a Commissioner of Oaths?
Yes. Licensed paralegals in Ontario can apply to be appointed as Commissioners of Oaths under the Commissioners for taking Affidavits Act. Neo Legal Services can commissioner most standard Ontario court affidavits, statutory declarations, and government forms in-office or virtually.
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