Commissioner of Oaths

We provide Oath Commissioning service for all kinds of legal documents such as Affidavits, Statutory Declarations, Solemn Affirmations and Oaths etc. We also offer mobile services in case you are unable to visit our office. Presently mobile services is only available in the GTA area. For further details please go to our Mobile Notary page of this website.

What a Commissioner of Oaths does?

A Commissioner of Oaths is a person who is authorized by the Province of Ontario to take an oath when you sign a statutory declaration or an affidavit. This authority is specifically conferred by provincial law i.e. the Commissioners for Taking Affidavits Act. The commissioner of oaths is not responsible for the content of the statutory declaration or affidavit.

Where a document is to be signed in front of a commissioner of oaths, you must not sign the document before actually visiting the office of the commissioner of oaths. If you mistakenly sign a document ahead of time, you may need to return with an unsigned copy of the document. Legally a commissioner of oaths has to physically witness you signing the document.

The Commissioner of Oaths will also verify the identification of a person signing a document and ensure that the person signing the document is of sound mind at the time of signatures 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.

Commissioners of Oath should never “cut corners.” It is their responsibility to uphold the integrity of the signature process. Many commissioners of oaths will 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.

Commissioners of oaths are not involved in drafting legal documents, they are however able to identify what people are signing and what are their responsibilities with regards to any given situation.

While not every commissioner of oaths has to travel, some offer Mobile Service for the sake of their customers because often documents must be signed in a quick time frame and at inconvenient times and places. For our valued clients, we have a mobile commissioner of oaths service available 7 days a week.

Types of documents that Commissioner of Oaths can sign:

In Ontario a Commissioner of Oaths is authorized to sign statutory declarations and affidavits, for example, the following:

• Child travel consent letter
• pension plan documents
• Insurance proof loss forms
• Vehicle transfers
• Residency declarations
• Change or proof of vehicle ownership
• Statutory declarations on government-related forms

Please note that the Commissioner is not responsible for the content of the declaration, statement, or affidavit.

Types of documents a commissioner of oaths cannot sign:

A Commissioner of Oaths is not a Notary Public. If a document is to be “notarized” as opposed to “commissioned”, you will have to visit the office of a Notary Public. In Ontario, a Notary Public is appointed and authorized under the Notaries Act to commission documents, certify or notarize documents as true copies, and verify signatures. Most lawyers in Ontario also act 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 commissioner of oaths cannot sign the following documents:

• Documents that need to be certified
• Forms that call upon a Commissioner of Oaths, and also request certified true copies of other documents as attachments. The Commissioner cannot certify attachments and therefore cannot sign the forms.
• If the document specifically states “Notary” and does not offer the option of a Commissioner of Oaths – generally this occurs because the document is from outside Ontario or Canada
• Mortgage, lending, land transfer, and other real estate documents
• Documents required to be legalized from Global Affairs Canada in Ottawa for the purpose of sending to a foreign government or authority abroad
• Passports and related documents in certain situations

FAQs

What is a Commissioner of Oaths?

A Commissioner of Oaths is a person who is authorized by the Province of Ontario to take an oath when you sign a statutory declaration or an affidavit. This authority is granted to the commissioner of oaths under the Commissioners for Taking Affidavits Act. The commissioner of oaths is not responsible for the content of the statutory declaration or affidavit.

What is the difference between a Commissioner of Oaths and a Notary Public?

A Commissioner of Oaths and a Notary Public are two different positions. They perform some common functions, but there are some material differences in their legal authority. A commissioner of oaths has limited authority when compared with a notary public. If a document is to be “notarized” as opposed to “commissioned”, you will have to visit the office of a Notary Public. In Ontario a Notary Public is appointed and authorized under the Notaries Act to commission documents, certify or notarize documents as true copies, and verify signatures. Most lawyers in Ontario also act 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.

Can I have Commissioner of Oaths service online?

Due to the current COVID-19 situation, effective March 16, 2020, the Law Society of Ontario, Canada, has changed its rules to enable lawyers to commission documents online through video and online signing applications. This change in the law is implemented to enable lawyers to remotely commission, notarize and attest different documents keeping in view social distancing measures being observed in the society.

Our Online Notary service is fast, reliable, and convenient. It is fully digital and your documents will be remotely notarized or commissioned by our licensed Notary Public and Oath Commissioner. The whole process is secure and time-saving.

What kind of documents need to be commissioned?

A Commissioner of Oaths is authorized to sign statutory declarations and affidavits, for example:

• Child travel consent letter
• pension plan documents
• Insurance proof loss forms
• Vehicle transfers
• Residency declarations
• Change or proof of vehicle ownership
• Statutory declarations on government-related forms

We are proud to offer a wide range of

Notary Services