How to Become a Notary Public in Ontario

Key Takeaways

• A notary public authenticates critical documents, verifies signatures, and administers oaths.
• Lawyers and paralegals in good standing with the Law Society of Ontario can apply for a lifetime notary appointment. However, non-lawyers must demonstrate a work-related need and complete a different approval process.
• Notaries certify documents such as affidavits, statutory declarations, consent to travel letters, powers of attorney, and more.
• If you’re considering becoming a notary, follow the application process and government guidelines to ensure eligibility.

In Ontario, becoming a notary public empowers you to authenticate documents, verify signatures, and administer oaths and affirmations. However, the path to obtaining a notary public designation differs depending on your professional background. If you’re interested in becoming a notary public in Ontario and want to learn how to get there, this blog is for you!

Who is a Notary Public in Ontario?

In Ontario, a notary public is a person authorized to authenticate legal documents. This can include administering oaths and affirmations, verifying an individual’s identity, certifying copies of original documents, and verifying document authenticity. In Ontario, their role is governed by the Notaries Act, which outlines their responsibilities and the scope of their authority. Licensed lawyers and paralegals in good standing with the Law Society of Ontario can apply to be appointed as a notary public. Other professions, like certain government employees, may also be appointed to this role under specific circumstances.

What Does a Notary Public Do?

A notary public helps finalize critical documents, making them legally valid. They also verify a signer’s identity, witness signatures, and certify documents. Additionally, a notary can administer oaths and affirmations to ensure an individual is telling the truth. 

Making an oath or affirmation before an authorized official holds the same weight as making an oath in a court of law. Intentionally making a false statement under oath or affirmation can be considered perjury, a criminal offence in Canada. 

Notaries must adhere to the provisions outlined in the Notaries Act to ensure the legality and validity of the documents they notarize. 

Steps to Becoming a Notary Public

If you meet the criteria, you can become a notary public in Ontario and contribute to upholding the integrity of legal documents. However, the path to becoming a notary in Ontario varies depending on your professional background. One pathway is for lawyers and paralegals, and the other is for non-lawyers and non-paralegals who need it for their job. 

Lawyer and Paralegal Pathway

Licensed lawyers and paralegals in Ontario must apply for a notary public designation, they aren’t automatically appointed. To be appointed, lawyers and paralegals must meet the following criteria:

• Be a licensed lawyer or paralegal in good standing with the Law Society of Ontario (LSO). 
• Reside in Ontario.
• Submit an application to the Official Documents Services (ODS) of the Ministry of Government and Consumer Services (government lawyers and paralegals are exempt from this fee).
• Pay an application fee of $145, payable by cash, Visa, Mastercard, debit, certified cheque, or money order. 

Upon approval, lawyers and paralegals receive a lifetime notary public appointment, contingent on maintaining good standing with the LSO.

Non-Lawyer and Non-Paralegal Notary Pathway

In Ontario, someone who isn’t a lawyer or paralegal can apply to become a notary if their job duties necessitate notary services. They must follow a formal application and approval process through the Ministry of the Attorney General. Applications are reviewed individually and typically processed within four to six weeks. This appointment is intended to provide additional powers, as part of existing job responsibilities. 

Individuals that can be eligible to apply for a notary public title typically include: 

• Senior officials at federal, provincial, municipal, or First Nations governments. 
• Those working for registered corporations engaged in international or inter-provincial trade or commerce
• Patent and trademark agents
• Employees at head offices of national or provincial unions engaged in out-of-province business
• Individuals working for registered Ontario businesses or organizations that require notarization as part of their operations.

To be qualified to become a notary public, an applicant must:

• Be a Canadian citizen or permanent resident
• Be proficient in English or French
• Be at least 18 years old to qualify.
• Complete the Ontario government’s “Non-Lawyer / Non-Paralegal Notary Public Application“.
• Provide a letter of authorization from their employer detailing the need for notarial services.
• Pay a $110 fee (unless employed by certain government entities where the fee may be waived). 

Note: a non-lawyer / non-paralegal notary public appointment won’t be granted to allow applicants to enter a new line of business or employment. It also cannot be granted to those looking to expand the services they currently offer their clients.

Documents that Require a Notary Public

Notarization is essential for a variety of documents to ensure their authenticity and legal validity. Depending on the document, a notary public will need to administer an oath or affirmation, simply notarize it, or both. Below is a list of documents that a notary public can finalize: 

• Affidavits: A sworn or affirmed legal document used as evidence in court and for other legal matters. It’s a written statement of facts, circumstances or events relevant to a particular legal case.  
• Statutory Declarations: A legal document that contains a written account of facts, circumstances, or events that a person declares to be true. They are used to satisfy legal, administrative, or governmental requirements.
• Consent to Travel Letters: A document that proves a child has permission to travel abroad without one or both parents or guardians. It shows that a child isn’t being abducted or taken out of the country without a guardian’s consent.
• Powers of Attorney: Authorizes another person to make financial or personal care decisions on your behalf if you’re incapable of making them yourself.
• Foreign Document Finalization: Documents intended for use outside of Canada may require authentication, legalization or apostille services. A notary public can help you navigate this process.
• Certified True Copies: A certified true copy is a copy of a document that a notary has certified as a true copy of the original.

Can a Notary Public Provide Services Remotely in Ontario?

Notaries can now perform many processes remotely, like administering oaths and affirmations. This means clients can swear or affirm the contents of documents like Affidavits and Statutory Declarations. 

However, not all documents are eligible for online services and signings. For example, a notary public must validate documents and certify true copies in person. It’s best to check whether your document can be finalized online before booking a virtual appointment with a notary public.

Wrap-Up

Notarization plays a crucial role in legal and business transactions. By becoming a notary, you can contribute to maintaining the integrity of documentation across various industries. Hopefully, this guide has made it easier to navigate the process of applying for a notary public appointment in Ontario.

You can obtain the authority to validate critical paperwork by following the steps outlined here and meeting necessary requirements. If you’re considering becoming a notary public, see the latest Ontario government guidelines to ensure your application is complete.

If you have any questions about becoming a notary public or notary services in general, feel free to reach out to us!