Notary & Commissioning

In Ontario, these are distinct roles with different powers. A Commissioner of Oaths can administer oaths and affirmations, taking affidavits and statutory declarations. A Notary Public has broader powers: in addition to commissioning, they can certify true copies of documents, authenticate documents for use in other countries, verify identity, and perform other notarial acts. Ontario lawyers are automatically Commissioners of Oaths by virtue of their licence, and may apply to become Notaries Public through Official Documents Services.

It depends on the service. Commissioning (administering oaths for affidavits and statutory declarations) can be done remotely via video conference since August 2020. However, certifying true copies cannot be done remotely; the notary must physically examine and compare the original document to the copy. Similarly, documents requiring authentication or apostille must be notarized in person.

Common documents certified as true copies include: identity documents (passports, driver's licences, birth certificates); educational credentials (degrees, diplomas, transcripts); immigration documents (permanent resident cards, visas); corporate documents (articles of incorporation); and personal documents (marriage certificates, citizenship certificates). Bring the original document and a clear photocopy to your appointment.

For documents used in countries that are members of the Hague Apostille Convention (the Convention came into force for Canada on January 11, 2024), the process involves having the document notarized by an Ontario Notary Public, then submitting it to Official Documents Services (for Ontario documents) or Global Affairs Canada (for federal documents) for apostille issuance. Processing typically takes 15 business days. Plan ahead, as the process takes time.

When making an affidavit or statutory declaration, you can choose to swear (a religious oath) or affirm (a secular, non-religious declaration). Both carry identical legal weight. The choice is yours. The legal consequence of making a false statement is the same regardless: potential prosecution for perjury, which carries a maximum penalty of 14 years imprisonment.

Making a false statement in an affidavit constitutes perjury, a serious criminal offence under the Criminal Code of Canada. Perjury carries a maximum sentence of 14 years imprisonment. Even if not prosecuted criminally, a false affidavit can have serious civil consequences: courts may dismiss your case, award costs against you, or sanction you for abuse of process.

If a child is travelling internationally with only one parent, or with neither parent (grandparents, school group), a consent letter from the absent parent(s) is strongly recommended. While not legally required by Canada, many countries require proof of parental consent for children entering without both parents, and airlines or border officials may request documentation. Notarization adds authenticity; some destinations require it.

Independent legal advice (ILA) means receiving legal counsel from a lawyer who represents only your interests, not the other party's. Many agreements require ILA certificates to ensure each party understood what they were signing. Common situations requiring ILA include: marriage contracts; guarantees and indemnities; mortgage documents where one spouse is not on the mortgage; settlement agreements; and releases of claims.

For significant contracts, yes. Legal review before signing can identify unfavourable terms, hidden obligations, risks you may not have considered, and potential negotiation points. Contracts worth reviewing include: employment agreements; commercial leases; purchase agreements for businesses; partnership and shareholder agreements; construction contracts; and any agreement involving substantial money or long-term commitments.

Fees typically range from $25 to $100 per document depending on complexity. Simple commissioning of an affidavit or statutory declaration is at the lower end. Certified true copies, travel consent letters requiring drafting, and documents requiring authentication preparation cost more. Contact the office for specific pricing for your document type.

Yes, appointments are required for all notary, commissioning, and document review services. This ensures adequate time to review your documents, verify your identity, and complete the service properly. Contact the office by phone or email to schedule an appointment.