As lawyers, we often get requests to commission oaths and notarize documents. However, we find ourselves coming across incorrect requests from clients frequently. Hence, we decided to cover this topic for our current and prospective clients to assist them in understanding the different between commissioning and notarizing documents. The misunderstanding between the two can result in spending more money than required, delays in completing documents, and rejection of documents in applications.
Commissioning Documents
As per the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C. 17, the Ontarian legislation allows the appointment of people to become commissioners of oaths. A commissioner of oaths is a title that expires and must be renewed. These individuals, with the official title, are able to take and receive affidavits, affirmations and declarations in and for Ontario. This is done through the use of a stamp that contains only a signature, but no seal.
Although eligible individuals can become commissioners of taking oaths through an application process, certain professionals are automatically commissioners and do not need to apply. This is either by virtue of their office or status. This includes, but is not limited to:
- Judges
- Lawyers
- Students-at-law
- Political representatives
- Police officers
- Notary publics
- Paralegals
- Law clerks
Notarizing Documents
A notary public has the same abilities as a commissioner of oaths, and then some. The Commissioners for Taking Affidavits Act in Ontario allows notary public to administer oaths or take affidavits, affirmations or declarations and attest them just like a commissioner of oaths. However, notary public can also certify and attest a true copy of a document, and certify or witness and attest the execution of a documents. A notary is also given a stamp with their signature, along with a seal that can be used in Ontario, within Canada, and internationally. An appointment of notary public expires in 3 years for professionals who are not in the legal or pollical field. The appointment for judges, lawyers, paralegals, etc never expires.
The Difference
The biggest difference between a notary public and a commissioner for oaths is how to document is being used, and the jurisdiction that the documents are accepted. For a simple taking of an oath, both a notary public and commissioner are acceptable to provide their services in Ontario. However, outside the province of Ontario, a notary is required and only their certified documents are acceptable. For example, the Ontario land titles office will not accept an affidavit of execution that is sworn in Alberta if the document is commissioned. The office will only accept it if the document is notarized. Another difference is that notary appointments are not granted to people who only require the powers of a commissioner. If the Minister of the Attorney General believes that you are not required to notarize documents, your application will be rejected and you will not receive an appointment.
Whether you need your document commissioned or notarized, your best bet would be to contact the professional lawyers here at 6ix Estates LLP. We will be able to assess your situation and provide you with the services you require, saving you from the headache of obtaining to wrong services and wasting time, energy, and money. Get in touch with our firm at 416-206-6816 anytime Monday to Friday between 9am and 5pm. We will be more than happy to assist you with your document commissioning notarizing needs.
Get in touch with our firm at 416-206-6816 anytime Monday to Friday between 9am and 5pm. We will be more than happy to assist you with your document commissioning notarizing needs.