Who Can Notarize a Document in Ontario?

In Ontario, notary services are a cornerstone for validating and authenticating critical legal documents. Although navigating the notary landscape can be confusing at first, it doesn’t have to be! Here, we demystify the notary process by diving into who can notarize a document in Ontario and how notary services work.

What is Document Notarization?

Notarization is a process that requires a notary public to ensure a document’s authenticity. It typically involves verifying a signer’s identity, certifying true copies of original documents, and witnessing signatures. Essentially, notarization validates that documents and signatures are genuine and legally valid, and prevents fraud.

Who Can Notarize a Document in Ontario?

In Ontario, individuals appointed as a notary public under the Notaries Act have the authority to notarize documents. Typically, licensed lawyers and paralegals in good standing with the Law Society of Ontario (LSO) can apply. Some civil servants can also apply to be a notary public in certain situations. 

In Ontario, someone who isn’t a lawyer or paralegal can apply to become a notary if their job duties necessitate notary services. This requires them to follow a formal application and approval process through the Ministry of the Attorney General. Eligible applicants typically include employees of federal, provincial, municipal, or First Nations governments. Individuals working for registered Ontario businesses or organizations that require notarization as part of their operations can also apply. 

Below is a list of professionals who can be appointed as a notary public:

• Licensed lawyers and paralegals 
• Judges and justices of the peace
• Members of the Legislative Assembly of Ontario (MLAs), while in office
• Municipal clerks and deputy clerks (documents related to municipal affairs)
• Federal, provincial, municipal, or First Nations government employees
• Law Enforcement Officers
• Educational Administrators
• Financial institution officers, including bank managers and senior officials
• Healthcare administrators

What is the Purpose of Notarizing a Document?

In Ontario, notarizing a document involves a notary public verifying the authenticity of signatures and documents, and certifying true copies of documents. 

Notarization ensures that documents are genuine and trustworthy. The process is often required for legal proceedings, immigration matters, property transfers, and international agreements or transactions. By providing an official seal, notaries help prevent fraud and uphold the integrity of important paperwork. Their role is governed by the Notaries Act. 

Notary vs. Commissioning Services

Providing notary services is to verify a document’s authenticity or verify an individual’s identity. Commissioning services involve ensuring an individual is telling the truth by administering oaths, affirmations, and declarations. A notary public can do anything a commissioner can do, but a commissioner’s authority is more limited.

See the below list of differences between notary and commissioning services to get a better understanding of each designation: 

A notary public: 

• Can notarize documents (verify a document’s authenticity and certify true copies)
• Confirm a person’s identity and witness their signature
• Can comission documents (administer oaths, affirmations, and declarations to ensure the truthfulness of statements)
• Can administer oaths, affirmations, and declarations within their province
• Can administer oaths, affirmations, and declarations for federal and international use

A commissioner of oaths:

• Cannot notarize documents (verify a document’s authenticity or certify true copies)
• Can administer oaths affirmations, and declarations to ensure the truthfulness of statements
• Cannot administer oaths, affirmations, and declarations for federal and international use
• Can only administer oaths for use within the province in which they’re practising
• Cannot verify signatures for international use

Commissioning Services: Oaths and Affirmations

Commissioning services require an authorized individual (like a notary or commissioner) to administer an oath, affirmation or declaration. A notary public holds the same powers as a commissioner of oaths — you can meet with a notary public online to commission documents in 7 minutes. 

When you make an oath, affirmation or declaration, you’re officially swearing or affirming that the information you’ve provided is true. In other words, you’re making a solemn pledge to the truthfulness of your statements. To “swear” is to make an oath on a religious text (for example, the Bible or the Torah). To “solemnly affirm” is to make a solemn promise you profess to be true. The law will view your evidence equally, whether you affirm or swear your document.   

You can make this pledge verbally in court, or before an authorized official to confirm information you’ve provided in a legal document. When making an oath to substantiate information in a document, you must also sign it before an authorized official, like a notary.

Making an official oath, declaration or affirmation to substantiate details in a document is equivalent to taking an oath in court. Intentionally making a false statement under oath or affirmation in an Affidavit, Solemn Declaration or Deposition is considered perjury.

Who is a Commissioner of Oaths in Ontario?

In Ontario, a commissioner of oaths (also known as a commissioner for taking Affidavits) is authorized to administer oaths, affirmations, and declarations. For clarity, a notary public has all the same powers as a commissioner. Certain professionals, like lawyers, paralegals, and municipal clerks, automatically hold this designation and don’t need to apply.

Those who aren’t automatically designated can apply to become commissioners by submitting an application to the Ministry of the Attorney General. The application process involves completing a form and paying a fee. 

The list of job titles below can legally apply to administer oaths, affirmations, and declarations. This list includes individuals who are automatically appointed, can apply to be appointed, and can be appointed by employers. 

• Lawyers and paralegals licensed by the Law Society of Ontario
• Justices of the peace, Judges, and court clerks
• Deputy clerks and municipal clerks
• Members of the Legislative Assembly of Ontario (MLAs)
• Government staff working with official documents
• Law firm employees who must commission Affidavits
• Financial professionals, like accountants
• Real estate professionals handling sworn declarations
• Insurance staff processing claims
• Educational professionals verifying student records
• Corporate staff working with Affidavits

Attending a Notary or Commissioning Appointment

Whether you attend an online or in-person notary or commissioning appointment, you’ll follow the same general procedure. Check out NotaryPro’s online notary to meet with a notary public from anywhere with Wi-Fi — in under 7 minutes. 

Here is what you can expect during your appointment:

• An authorized official will confirm your identity and verify the authenticity of your document.
• If they’re certifying a true copy, they’ll compare the original document to the copy.
• They’ll confirm that you understand what you are signing and that you’re signing voluntarily.
• If they’re administering an oath or affirmation, you’ll swear or solemnly affirm that the contents of your document are accurate and complete.
• You’ll sign the jurat portion of your document.
• The authorized official will witness your signature.
• The official will also sign the jurat of your document, stamp it, and affix a notary seal (if applicable)

Which Documents Require a Notary Public in Ontario?

Certain documents require a notary seal and signature to be legally valid in Ontario. Notarization requirements vary by jurisdiction, purpose, and requesting authority. It’s best to consult a notary public or legal professional to ensure compliance with specific notarization rules. Common documents that need to be notarized include but aren’t limited to:

Certified True Copies: Notaries can certify copies of original documents, like birth certificates, passports, or academic transcripts, that require official validation. These documents can be used for submission to government agencies, schools, or other institutions.

Affidavits and Declarations for Out-of-Province Use: Sworn statements intended for use outside of Ontario must be notarized to be legally valid in other jurisdictions.

Real Estate Documents: Deeds, mortgages, or transfer of property documents may require notarization to demonstrate validity and legal compliance. This is especially true for documents used in other provinces or countries.

International Documents: Certificates, diplomas, business agreements, contracts, and other legal documents intended for use abroad. These documents can require notarization to meet foreign legal and compliance standards.

Mee with a Notary Public Today

Notarization plays a critical role in ensuring the authenticity and validity of important legal documents in Ontario. Whether for personal, professional, or international purposes, notarized documents help prevent fraud and uphold legal integrity.

Notary and commissioning services serve different purposes and follow two distinct procedures. Understanding who can notarize a document in Ontario empowers you to find the right person to provide you with the service you require.

Meet with a notary public online today, and see how easy it is to finalize legal documents from the comfort of wherever you are!