It is often confusing to distinguish between a notary public and a commissioner of oaths. While both these officials perform some similar functions, there are some material differences that are important to know so that the intended purpose is not frustrated.
In Ontario, a commissioner of oaths is appointed under the Commissioners for Taking Affidavits Act. A commissioner of oaths has limited authority when compared with a notary public. A commissioner of oaths is authorized to take an oath when you sign a statutory declaration, affidavit, or affirmation. A document signed by a commissioner of oaths can only be used in Ontario.
On the other hand, a notary public in Ontario is appointed under the Notaries Act. A notary public has all the powers of a commissioner of oaths, as well as some additional powers. A notary public also has the authority to certify or notarize different documents as true copies, witness and attest the execution of a document, and verify signatures. A document notarized by a notary public can be used not only in Ontario but all over the world. In Ontario, most lawyers and judicial officers are also appointed as a notary public. As such, they possess the qualifications and skills necessary to practice law and offer legal advice as well as writing and preparing legal documentation. A notary public uses a specific stamp and a seal while notarizing a document.
Another very important difference between a commissioner of oaths and a notary public is when it comes to getting documents authenticated and legalized for use out of Canada. In Canada, the ‘Legalization’ of documents is the equivalent of ‘Apostille’ Certificate. This process ensures that your Canadian documents are recognized overseas by foreign governments and authorities. In Ontario legalization is a three-step process involving a Notary Public, the Global Affairs Canada in Ottawa (or a provincial office such as Official Documents Services in Toronto, Ontario), and relevant Embassy or Consulate of the country in which document is to be used. In Ontario, many notary public offices offer document authentication and legalization services, such as Notary Place.
Very few notary offices are able to legalize or ‘Apostille’ different documents, such as Certified True Copy, Birth Certificate, Passport, Health Card, Driver License, PR Card, Citizenship Certificate, Marriage Certificate, Divorce Certificate, Marriage Abroad Certificate, Educational Diploma & Transcript, Power of Attorney, Statutory Declaration, Professional License, Corporate Documents, and Deeds, etc.
Neither a commissioner of oaths nor a notary public is allowed to provide independent legal advice or issue an ILA Certificate. Only a lawyer is authorized to provide legal advice in their capacity as a lawyer which is governed by the rules and regulations of the Law Society of Ontario.
A notary public is a very useful and important official in Ontario. They provide very important and critical services to the general public. Most importantly they verify and witness signatures on official documents. They also verify the identification of a person signing a document, and diligently ensure that signers are of sound mind before and during an official document signing and there is no coercion or threat involved. In this way, they are front-line officers who prevent identity and other documentation fraud, forgery, or tampering.
There are numerous other duties a notary public performs, such as document execution (legally binding signatures); affirming the state of mind of all signees; identifying fraud or coercion; completing the notarial certificate on all documents; verifying the identification of contract participants; being present at the time of document execution (this may include traveling), administering oaths and statutory declarations; witnessing contracts, loan documents, marriage certificates, and other legal documents. Notaries also certify photocopies of the documents as true images of the original document. In addition to these responsibilities, notaries also sometimes handle closings for the mortgage industry.
In order to be a competent notary public, one has to be familiar with basic provincial laws, paperwork, and other common government processes. Notaries must verify important details and documents in front of them before notarizing signatures. This includes checking identification and making sure that signers understand what they are signing. Notaries should never “cut corners.” It is the notary’s responsibility to uphold the integrity of the signature process. Many notaries keep journals by recording names, times, locations, and other details of the parties to ensure that all signing parties will be held accountable to the document.
A competent notary will always be familiar with commonly used legal documents such as evidentiary documents, loan documents, passports, affidavits, government forms, and other usual documents that fall under a notary’s realm of responsibility. Notaries are not involved in composing or drafting legal documents, they are however able to identify what people are signing and what notary responsibilities apply to any given situation.
While not every notary has to travel, many notaries offer Mobile Notary services for the sake of their customers because often documents must be signed in a quick time frame and at inconvenient times and places. Many notaries are able to provide notary services in their office, home, or they travel to their customers for a scheduled signing. Mobile notaries charge separately for traveling. Moreover, mobile notaries can also work odd hours, including evenings and weekends, in order to accommodate their clients.
Usually, notaries charge their fee on a per signature or stamp basis, although in case of large document volumes bulk fees can be negotiated. Fee rates depend upon the nature of the document being notarized, hours and timing of work involved, and any traveling considerations.
It will always be a good idea to know what documents and how many of them are required to be notarized. If you don’t exactly know this, you may be surprised about the notarization fee later on. So you should know the nature and title of each document that you need notarized. In order to know the total notary fee, it’s important to understand what the notary public is actually notarizing. Be prepared to share this information with the notary public when you speak with them. Most people will think that it is the document that needs to be notarized, whereas, in fact, it’s the signature that is being notarized. So, just count the number of total signatures on each document that requires notarization. That will help you calculate the approximate cost of notarization.
Some notaries also offer customized Notary Services for Businesses. Those businesses or corporates who routinely required notary services for their clients, or whose clients are too busy to get their documents notarized, can benefit from these business notary services. Many notaries provide these services at the premises of a business if that makes business sense for them and it is practically possible for them. For services to businesses, a notary public will usually offer volume discount rates and will send a bill on a biweekly or monthly basis.
Are you still confused about the difference between a commissioner of oaths and a notary public, and different kind of documents they are authorized to sign. Don’t worry. At Notary Place we cover all the services as our lawyers are authorized to sign documents both as a commissioner of oaths and notary public. Moreover, documentation authentication and legalization services are also offered at competitive rates. To book an appointment please call us today at 416-731-9023, or email us at [email protected].