Commissioner of Oaths vs. Notary Public in Ontario
By Secure Commission · Updated
Commissioners of oaths and notaries public are often confused, and choosing the wrong one is one of the most common reasons documents are rejected.
What a commissioner of oaths does
A commissioner of oaths in Ontario is authorized under the Commissioners for Taking Affidavits Act to administer oaths and take affidavits and declarations. In practical terms, a commissioner:
- Confirms your identity
- Administers the oath or affirmation, or takes your solemn declaration
- Witnesses your signature and completes the jurat
A commissioner does not certify that copies of documents are true copies and does not notarize documents.
What a notary public does
A notary public can do everything a commissioner can, plus notarial acts such as:
- Certifying true copies of original documents
- Notarizing signatures on documents
- Preparing documents for use outside Canada
Documents going outside Canada
Documents for use abroad often need notarization, and many countries also require an apostille. Canada became a party to the Hague Apostille Convention in January 2024. Check the destination country's requirements before you start.
How to decide
- The form or receiving organization says "commissioner of oaths," "affidavit" or "statutory declaration": a commissioner is usually enough.
- It says "notarized," "notary public" or "certified true copy": you need a notary.
- It is going to another country: check with the receiving organization, and expect a notary and possibly an apostille.
Secure Commission provides commissioner-of-oaths services. Ask us if you are not sure which you need.
Frequently asked questions
Is every notary also a commissioner of oaths?
A notary public in Ontario can also administer oaths and take declarations, but a commissioner of oaths cannot perform notarial acts such as certifying true copies.
Do documents for use outside Canada need a notary?
Often, yes. Documents going abroad are commonly notarized, and many countries also require an apostille. Canada joined the Apostille Convention in January 2024; check the destination country's requirements.
Which is cheaper?
A commissioner of oaths is generally faster and less expensive for documents that only need to be sworn or declared.
This guide is general information about remote commissioning in Ontario and is not legal advice.
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