Understanding the Key Differences Between Notarizing and Commissioning in Ontario

When dealing with important documents in Ontario, you may hear the terms notarizing and commissioning. While both involve verifying identity and witnessing signatures, they are governed by different legislation and serve different legal purposes. Understanding the difference helps ensure your documents are completed correctly and accepted by the organization requesting them.

What Does Notarizing Mean in Ontario?

In Ontario, Notaries Public are governed by the Notaries Act, R.S.O. 1990, c. N.6.

A Notary Public is appointed by the Attorney General of Ontario and has authority to perform specific acts, including:

• Verify the identity of a person signing a document

• Witness and certify signatures

• Certify true copies of original documents

• Documents that must be authenticated or apostilled for international use

• Prepare and certify notarial certificates for use outside Ontario

Notarization is often required when documents will be used outside Ontario or outside Canada, or when certified true copies are needed.

Important: Notarization does not make a document legally valid on its own. It only certifies the identity of the signer and the authenticity of the signature or copy.

Since Canada joined the Hague Apostille Convention, many countries now require:

1. notarization, and then

2. an apostille certificate from the competent authority

Notarization is often the first step, but it may not be the final step for international acceptance.

You can find more information on authenticating a document for use outside Canada here.

What Does Commissioning Mean in Ontario?

Commissioners for Taking Affidavits are governed by the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17.

A Commissioner for Taking Affidavits is authorized to:

• Administer oaths and affirmations

• Take affidavits

• Take statutory declarations

• Witness signatures where an oath or declaration is required

All Ontario lawyers and paralegals are commissioners by virtue of office, meaning they do not need a separate appointment to act as commissioners while licensed.

Common Situations Where Commissioning Is Required

• Court affidavits

• Statutory declarations for government forms

• Insurance, immigration, or licensing forms requiring sworn statements

Book an appointment today for fast and reliable notarization or commissioning services.