Notary Public

In the legal and administrative landscape of Ontario, Canada, the role of a Notary Public is a vital yet often understated one. These trusted officers, appointed by the Attorney General of Ontario, serve as impartial witnesses and verifiers of signatures, documents, and identities, lending an essential layer of authenticity and legal validity to a wide range of transactions and processes. Understanding the scope of their services, the significance of their seal, and crucially, how they differ from Commissioners of Oaths, is crucial for individuals and businesses navigating various legal and administrative requirements both within Canada and internationally.

The Authority and Appointment of Notaries Public in Ontario

Unlike some other jurisdictions where notaries may have broader legal powers, in Ontario, Notaries Public primarily function as commissioners for taking affidavits and witnessing documents. Their authority is derived from the Notaries Act of Ontario. To become a Notary Public in Ontario, individuals must meet specific eligibility criteria, typically including being a Canadian citizen or permanent resident, being at least 18 years of age, and demonstrating good character. Many notaries in Ontario are also lawyers, although this is not a strict requirement.

The appointment process involves an application to the Ministry of the Attorney General, often requiring supporting documentation and potentially a background check. Upon successful application, the appointee receives a commission and is authorized to perform the duties of a Notary Public within the province of Ontario. They are also typically issued an official seal, which is a crucial element in the authentication of documents.

Core Services Offered by Ontario Notaries Public

Notaries Public in Ontario provide a range of essential services, primarily centered around the authentication and verification of documents and signatures. These services include:

• Witnessing Signatures: A core function of a notary is to witness the signing of documents. This involves confirming the identity of the signatory and ensuring that they are signing the document willingly and with a full understanding of its contents. The notary then signs and affixes their seal to the document, attesting to the fact that they witnessed the signature. This is often required for various legal documents, such as real estate transfers, powers of attorney, and statutory declarations.
• Administering Oaths and Affirmations: Notaries Public are authorized to administer oaths and affirmations. This is often required for affidavits, statutory declarations, and other legal documents where an individual is required to swear or solemnly affirm the truthfulness of their statements. The notary ensures the person understands the nature of the oath or affirmation and witnesses them taking it.
• Taking Affidavits and Statutory Declarations: An affidavit is a written statement made under oath or affirmation, sworn before a Notary Public or Commissioner of Oaths. A statutory declaration is a similar written statement affirmed to be true before an authorized official, including a Notary Public. These documents are often used as evidence in legal proceedings or for other official purposes. The notary verifies the identity of the person making the statement and ensures they understand the significance of the oath or affirmation.
• Certifying True Copies of Documents: Notaries can certify that a photocopy of an original document is a true and accurate representation of the original. This involves comparing the copy to the original document and then signing and sealing the copy to attest to its authenticity. Certified true copies are often required when submitting important documents to government agencies, educational institutions, or for international use, where the original document cannot be submitted. Examples include birth certificates, passports, diplomas, and official transcripts.
• Providing Notarial Certificates: Notaries can prepare and issue notarial certificates, which are formal statements attesting to certain facts or the due execution of a document. These certificates often accompany documents being sent for use in foreign jurisdictions. The content of the certificate will vary depending on the specific requirements of the receiving country.
• Attesting to the Execution of International Documents: With increasing global interaction, Ontario notaries frequently assist with documents intended for use outside of Canada. This may involve witnessing signatures on international agreements, powers of attorney for use abroad, or preparing notarial certificates required by foreign authorities.
• Verifying Identity: In the course of providing their services, notaries are responsible for verifying the identity of the individuals signing documents or making sworn statements. This is a crucial step in preventing fraud and ensuring the integrity of legal processes. They typically rely on valid government-issued identification documents, such as driver’s licenses, passports, or permanent resident cards.

The Significance of the Notarial Seal

The official seal of a Notary Public is a symbol of their authority and the authenticity of the documents they notarize. The seal typically bears the notary’s name, their designation as a Notary Public for Ontario, and often an expiry date of their commission. The presence of the notary’s signature and official seal on a document provides assurance to relying parties that the signature was witnessed by a duly authorized officer, the oath or affirmation was properly administered, or the copy is a true representation of the original.

The seal adds a layer of legal validity and credibility to documents, making them more readily accepted by courts, government agencies, and other institutions, both domestically and internationally.

Commissioners of Oaths in Ontario: A More Limited Role

While Notaries Public hold a specific appointment under the Notaries Act, Commissioners of Oaths derive their authority from the Commissioners for Taking Affidavits Act. Their primary function is to administer oaths and take affidavits within Ontario. Unlike Notaries Public, Commissioners of Oaths generally cannot certify true copies of documents or authenticate documents for use outside of Ontario with the same legal standing.

Commissioners of Oaths are often appointed by virtue of their office or employment. For example, lawyers licensed by the Law Society of Ontario are automatically Commissioners of Oaths. Many individuals working in government agencies, courts, and other public institutions also hold this appointment as part of their duties. Their authority to administer oaths and take affidavits is typically limited to matters related to their specific role or organization.

Key Differences Summarized:

Feature	Notary Public	Commissioner of Oaths
Appointing Act	Notaries Act	Commissioners for Taking Affidavits Act
Scope of Authority	Broader; can witness signatures, administer oaths/affirmations, take affidavits/declarations, certify true copies, authenticate for international use.	Primarily to administer oaths and take affidavits; limited or no authority to certify true copies or authenticate for international use.
Appointment	Formal application to the Attorney General.	Often by virtue of office or specific appointment.
Seal	Typically holds an official seal.	May or may not have a seal, depending on their role.
International Use	Documents notarized often accepted internationally.	Affidavits and declarations generally for use within Ontario.
Certification	Can certify true copies of original documents.	Generally cannot certify true copies for official use.

Why the Distinction Matters

Understanding the difference between a Notary Public and a Commissioner of Oaths is crucial because the type of authentication required depends on the nature and intended use of the document.

• For documents being sent outside of Ontario or Canada, a Notary Public is generally required. Their seal and signature carry international recognition and are often necessary for the document to be accepted by foreign authorities.
• For affidavits and statutory declarations being used within Ontario, either a Notary Public or a Commissioner of Oaths can typically administer the oath or affirmation.
• If you need a certified true copy of a document for official purposes, you will generally need to see a Notary Public. Commissioners of Oaths usually do not have the authority to provide this service with the same legal weight.

The Importance of Impartiality and Due Diligence (Applicable to Both)

Both Notaries Public and Commissioners of Oaths are expected to act with impartiality and exercise due diligence in the performance of their duties. They must ensure that individuals making sworn statements or signing documents understand the nature and effect of the document and that they are doing so willingly. Neither Notaries Public nor Commissioners of Oaths are permitted to provide legal advice; their role is primarily to authenticate and witness. If an individual has questions about the legal implications of a document, they should seek advice from a lawyer.

Both are also responsible for properly identifying the individuals appearing before them, typically relying on valid government-issued photo identification.

Seeking Notary Public Services in Ontario

Finding a Notary Public in Ontario is generally straightforward. Many lawyers and paralegals offer notary services as part of their practice. Additionally, there are dedicated notary public offices and individuals who specialize in providing these services. Online directories and professional associations can often help locate a notary in a specific area.

When seeking notary services, it is advisable to:

• Bring valid government-issued photo identification. The notary will need to verify your identity.
• Bring the original documents if you require certified true copies.
• Understand the document you need notarized. Be prepared to explain its purpose to the notary.
• Do not sign the document before the notary. You will need to sign it in their presence.
• Be aware of the fees charged for notary services, which can vary.

Conclusion: Understanding the Roles of Notaries Public and Commissioners of Oaths

Both Notaries Public and Commissioners of Oaths play vital roles in Ontario’s legal and administrative system by authenticating documents and administering oaths. However, their powers and the recognition afforded to their certifications differ significantly. Notaries Public possess a broader scope of authority, particularly concerning the certification of true copies and the authentication of documents for international use, and their official seal carries greater weight in these contexts. Commissioners of Oaths serve an essential function in administering oaths and taking affidavits primarily for use within the province. Understanding these distinctions ensures that individuals and businesses obtain the appropriate type of authentication for their specific needs, facilitating smooth legal and administrative processes both within Ontario and beyond its borders.