People are often told that a document must be “notarized,” “commissioned,” “sworn,” or “certified.” Although these terms are sometimes used interchangeably, they can refer to different services. The correct service depends on the document and the requirements of the organization receiving it.
What Does a Commissioner for Taking Affidavits Do?
A commissioner for taking affidavits may be authorized to:
- Administer an oath or affirmation
- Take an affidavit
- Take a statutory declaration
- Confirm that a person appeared and swore, affirmed, or declared the contents to be true
The commissioner generally witnesses the person making the statement and completes the required commissioning section. The commissioner does not usually investigate or independently verify whether every statement in the document is factually correct.
What Does a Notary Public Do?
An Ontario notary public has the powers of a commissioner for taking affidavits and may also perform additional notarial functions where appropriate.
Depending on the document and intended use, a notary may assist with:
- Notarizing signatures
- Certifying copies of documents
- Verifying marks or signatures
- Completing certain notarial certificates
- Notarizing documents intended for another organization or jurisdiction
The available service depends on the document, identification, intended destination, applicable requirements, and the notary’s authority.
Common Documents That May Require Commissioning
Documents that may require commissioning include:
- Affidavits
- Statutory declarations
- Declarations of identity
- Declarations relating to lost documents
- Certain government or administrative forms
- Consent or authorization declarations
These documents do not always require the same service. Read the instructions printed on the document and confirm the receiving organization’s requirements.
Common Documents That May Require Notarization
Depending on their intended use, documents that may require notarization include:
- Certified true copies
- Travel-consent documents
- Invitation letters
- Copies of identity documents
- Education or employment documents
- Documents intended for use outside Canada
- Documents containing signatures that require notarization
These examples do not mean that every such document must be notarized. The receiving organization determines what form of verification or certification it will accept.
Certified True Copies
A certified true copy is generally a copy that a qualified notary compares with the original and certifies as a true copy where permitted.
If you require a certified copy:
- Bring the original document
- Bring the complete copy, if one has already been prepared
- Do not alter, edit, or crop the copy
- Confirm that the receiving organization accepts a certified copy
- Ask whether specific wording, a seal, or another format is required
Affidavits, Oaths, and Statutory Declarations
- An affidavit is a written statement sworn or affirmed to be true.
- An oath involves swearing that the information provided is true.
- An affirmation is a solemn, non-religious promise that the information is true.
- A statutory declaration is a formal declaration made before an authorized person.
The appropriate format and wording depend on the document and its intended use. Obtain document-specific assistance if an affidavit or declaration must be drafted or revised.
Do Not Sign the Document Too Early
Some documents must be signed in the physical or permitted remote presence of the commissioner or notary. Signing beforehand may prevent the appointment from being completed as intended.
- Review the complete document before the appointment
- Bring the requested identification
- Leave signature sections unsigned unless instructed otherwise
- Ask the office before the appointment if you are unsure
What Identification Should You Bring?
Identification requirements depend on the service, document, circumstances, and professional assessment.
Commonly requested identification may include:
- A passport
- A driver’s licence
- A provincial photo card
- A permanent resident card
- Another current government-issued photo identification document
One particular form of identification may not always be sufficient. Confirm what identification is required before attending the appointment.
Documents for Use Outside Canada
Notarization may be only one step for a document intended for use in another country. Depending on the destination and receiving organization, further requirements may include:
- Authentication
- An apostille
- Legalization
- A certified translation
- Specific wording or supporting documents
Can the Service Be Completed Remotely?
Ontario permits certain oaths and declarations to be administered remotely when the applicable legal and procedural requirements are met.
However:
- Not every document is suitable for remote execution
- Not every receiving organization accepts remotely executed documents
- Identity and document-review requirements still apply
- The notary or commissioner must determine whether remote service is appropriate
- The client should confirm whether the receiving organization will accept it
How to Prepare for Your Appointment
Appointment Checklist
- Confirm whether you need a notary or commissioner
- Ask the receiving organization about its requirements
- Bring the complete document
- Bring original identification
- Bring originals when requesting certified copies
- Do not sign the document prematurely
- Arrange translation or interpretation where needed
- Confirm whether witnesses are required
- Check whether the document will be used outside Canada
How Insaf Legal Can Help
Depending on the document and professional scope, Insaf Legal may assist with eligible:
- Affidavits
- Statutory declarations
- Commissioning of oaths and affirmations
- Certified true copies
- Notarization of signatures and documents
- Document review for notarial formalities
- Guidance on preparing for an appointment
Insaf Legal does not guarantee that a document will be accepted and does not necessarily authenticate, apostille, or legalize every international document directly. Requirements should be confirmed with the receiving organization.
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