Notary Public and Commissioner of OATHS

As a resident of Ontario, when it comes to legal matters, you may need to visit either a notary public or a
commissioner of oaths. Each of these professionals provides distinct services, and understanding the
difference between them can make all the difference to the success of your legal affairs. In this blog post,
we will explain who a notary public is and who a commissioner of oaths is, and highlight the difference
between them.

Who is a Notary Public in Ontario?

A notary public is a legal professional who is authorized by the government to witness and certify
documents. Notaries public are often involved in notarizing various legal documents, such as affidavits,
deeds, and mortgage documents. In Ontario, notaries public are regulated by the Ontario Notaries Act
and are independent legal professionals.

Notaries public are responsible for verifying a person’s identity and ensuring that the person signing the
document understands its content fully. They also witness the signing of the legal document by the
person involved and affix an official seal on the document to provide authentication. The notary public
must be unbiased, impartial and act in accordance with the governing law of Ontario.

Who is a Commissioner of Oaths in Ontario?

A commissioner of oaths is another kind of legal professional who is authorized by the government to
administer and sign an oath or affirmation. Their roles are mainly limited to statutory declarations,
oaths, and affirmations.

Commissioners of oaths can also administer other types of legal declarations, such as a change of name,
but they do not provide the same level of document authentication as notaries public. In Ontario,
commissioners of oaths are regulated by the Commissioners for Taking Affidavits Act.
Difference between Notary Public and Commissioner of Oaths in Ontario

The main difference between notaries public and commissioners of oaths in Ontario is the scope of their
roles. Notaries public are authorized to sign and authenticate a wider range of documents than
commissioners of oaths. They are also responsible for verifying a person’s identity, ensuring that the
person signing the document understands its content and affixing an official seal on the document to
provide authentication.

Commissioners of oaths, on the other hand, can only administer and sign oaths and affirmations. They
do not have the authority to witness and authenticate other legal documents, such as deeds or
mortgages.

When it comes to witnessing and authenticating legal documents in Ontario, it is essential to understand
the difference between notaries public and commissioners of oaths. Notaries public have a broader
scope of duties and can provide authentication for a wider range of documents than commissioners of
oaths. Therefore, if you need to witness and authenticate legal documents, it is best to seek the services
of a notary public for a comprehensive service. On the other hand, if you only need to have an oath or
affirmation administered, a commissioner of oaths may be able to assist you.

In conclusion, both notaries public and commissioners of oaths play important roles in the legal system
in Ontario. Understanding the difference between these two legal professionals can help you choose the
right service provider for your specific legal needs.