What is a Commissioner for Oaths?
The Commissioners for taking Affidavits Act in Ontario allows for people to be appointed to be a commissioner for oaths. A commissioner for oaths can take and receive affidavits, affirmations, and declarations in and for Ontario. A stamp is used along with their signature but there is not a seal. These appointments expire and must be renewed.
There are also people who are commissioner for oaths who are so by virtue of their office or status. These people include:
- Judges
- Lawyers
- Students-at-law
- Political representatives
- Police officers
- Notary publics
What Is a Notary Public?
The Commissioners for taking Affidavits Act in Ontario allows for a Notary Public to:
- administer oaths or take affidavits, affirmations or declarations and attest the oaths, affidavits, affirmations, or declarations
- certify and attest a true copy of a document, and
- witness or certify and attest the execution of a document.
A notary has a stamp and a seal when they sign off on documents and are specifically allowed to be used in Ontario, within Canada and internationally.
What Is the Difference Between a Notary Public and A Commissioner for Affidavits, also known as a Commissioner of Oaths?
The first thing to note is that a Notary Public “notarizes” documents while a commissioner “Commissions” them.
Originally in 2008 when Ontario Paralegals first began being licensed Officials, like lawyers. They were not either and had to apply to become Commissioner of Affidavits for a fee. Most court clerks in Ontario are Commissioner of Affidavits. In 2013 Paralegals were no longer required to apply and became Commissioners automatically when they became licensed just as lawyers automatically became notaries. In early to mid-2020 when many of us remember being locked down. Paralegals were granted the right to automatically become Notary Publics. Those of us who were already licensed had to apply to become Notaries, though I cannot recall if there was a fee. Personally, I am a Licensed Paralegal, Commissioner of Oaths, and Notary Public and have all three on my wall, having been licensed in late 2010.
The main difference between a notary public and a commissioner for oaths is where a document is to be used as well as what a person needs. For a simple taking of an oath, both a notary and commissioner are acceptable if for use and made in Ontario. Once outside the province, a notary is required. For example, the Ontario land titles office will not accept an affidavit of execution that is sworn in British Columbia if the document is commissioned. It will allow it if it is notarized.
Furthermore, another difference between a notary public and a commissioner for oaths is that only a notary can make a certified true copy of a document, attest an oath, or certify the execution of a document.