Few things frustrate Ontario residents more than being sent to get a document ’notarized’ only to discover — after waiting in line — that what they actually needed was a commissioner of oaths. Or the reverse. These two roles sound interchangeable. They are not, and the distinction matters depending on what you are signing, who is receiving it, and where it is going.
The Commissioner of Oaths: Ontario’s Everyday Sworn Statement Witness
A commissioner of oaths is authorized under Ontario’s Commissioners for Taking Affidavits Act to administer oaths and affirmations, take affidavits and statutory declarations for use in Ontario, and witness certain categories of documents that require a sworn or affirmed statement.
Commissioners are common — and deliberately so. Ontario licenses thousands of individuals as commissioners of oaths: lawyers, paralegals, bank employees, municipal employees, real estate agents, and others. The goal was to make basic document witnessing widely accessible without requiring every sworn statement to go before a lawyer or notary.
A commissioner of oaths can help you with:
- Affidavits filed with Ontario courts
- Statutory declarations required by government agencies
- Sworn statements for Ontario insurance claims
- Declarations required for Ontario provincial programs and applications
What a commissioner cannot do: authenticate documents for use outside Ontario, certify copies of original documents, place an embossed seal, or perform notarial acts recognized by foreign governments.
The Notary Public: A More Formal and More Versatile Role
In Ontario, a notary public is almost always a lawyer — specifically, a barrister and solicitor who is also commissioned as a notary. Ontario does not have a separate notarial profession; the role is layered onto the existing legal profession.
A notary public can do everything a commissioner of oaths can do — and considerably more:
- Certify true copies of original documents
- Authenticate signatures on documents for international use
- Administer oaths and take affidavits for use outside Ontario
- Issue notarial certificates recognized internationally
- Certify documents for foreign governments, embassies, and international institutions
- Prepare documents for use abroad under foreign legal systems
The notary’s seal — an embossed or stamped official seal with the notary’s name and commission information — is what distinguishes a notarially certified document from one merely witnessed by a commissioner.
When You Need a Commissioner of Oaths
For documents that will be used entirely within Ontario — court filings, provincial agency applications, insurance declarations, WSIB claims, Ontario government forms — a commissioner of oaths is typically sufficient and much easier to access.
If you are unsure whether a commissioner will suffice, ask the institution or court that is receiving the document. They will tell you exactly what type of witnessing authority they require. Do not guess.
When You Need a Notary Public
Any time a document is destined for use outside Ontario — particularly outside Canada — you almost certainly need a notary public. This includes:
- Documents being submitted to foreign courts or government agencies
- Powers of attorney to be used in another country
- Corporate resolutions or business documents for international use
- Supporting documents for foreign visa, immigration, or citizenship applications
- Certified copies of Canadian documents (diplomas, passports, birth certificates) for use abroad
- Any document requiring apostille authentication (see Article 46 on apostilles)
Banks and financial institutions also sometimes require notarized documents — particularly for international wire transfers or foreign account openings.
Certified True Copies: A Notary Function
One of the most commonly needed notarial services is the certified true copy. When an institution abroad — an embassy, a foreign university, a foreign government agency — requires a certified copy of your Canadian passport, birth certificate, degree, or professional credential, they typically mean a notarial certification: a copy bearing a notary’s seal and certificate stating that it is a true copy of the original.
A photocopy made at a library is not a certified true copy. A copy witnessed by a commissioner is not typically recognized as a notarized certified copy for international purposes. Only a notary’s certification — with seal, signature, and certificate — meets the international standard.
Lawyers as Notaries: The Ontario Model
Because Ontario’s notary public role is effectively layered onto the legal profession, having a notary public service your documents means working with a licensed Ontario lawyer. This carries an important benefit: the lawyer’s professional obligations — including confidentiality and competence — attach to the notarial service. If there is a legal question embedded in a document you need notarized (unusual language, unclear terms), the notary-lawyer can answer it.
Final Thoughts
The commissioner of oaths versus notary public distinction is one that trips up many Ontarians — particularly those dealing with international documents for the first time. The simplest rule: for documents staying in Ontario, a commissioner usually works. For documents going abroad, go directly to a notary public and save yourself the back-and-forth.
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Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified Ontario lawyer.
This article is provided for general information only and does not constitute legal advice. For advice about your specific situation, please contact Goldstone Law PC directly.