Last updated: January 5, 2026

Notary Public vs Commissioner of Oaths Ontario: Which One Do You Actually Need?

Quick answer: In Ontario, a commissioner of oaths can take your affidavit or statutory declaration for use inside the province. A notary public can do all of that plus certify true copies of original documents and witness signatures with a seal recognized outside Ontario. If your document is for IRCC, a foreign embassy, a bank abroad, or any "certified copy" — book a notary public. If it is a sworn statement for an Ontario court or a ServiceOntario form, a commissioner of oaths is usually enough. When in doubt, book a notary appointment — a notary's signature works in both situations.

If you searched for notary public vs commissioner of oaths Ontario, you are almost certainly holding a form that asks for one or the other and you are not sure which. This article is for Ottawa, Ontario clients with one document and a deadline. It explains what each professional can legally do, who is automatically a commissioner of oaths in Ontario (you may already know one), how the answer changes for IRCC and international use, and what changed at the start of 2026. The goal is to leave you with a clear next step before you leave the page.

The two roles look similar from the outside. They both administer oaths. They both watch you sign things. They both stamp paperwork. The difference matters because using the wrong one is one of the most common reasons documents get rejected in Ottawa — sent back from IRCC, refused at an embassy on Sussex Drive, or returned by the Land Registry — and that is a delay you almost certainly cannot afford.

Caption: A notary's seal on a signed affidavit. The seal — and what it means in Ontario — is the heart of the notary-vs-commissioner distinction.

Key Takeaways

Notary Public vs Commissioner of Oaths Ontario: The Short Version

Here is the doctrine that makes the rest of this article fall into place: every Ontario notary public is also a commissioner of oaths, but not every commissioner is a notary.

A notary public in Ontario, Ontario, Canada is appointed under the Notaries Act, R.S.O. 1990, c. N.6 by the Lieutenant Governor on the recommendation of the Attorney General. Once appointed, the notary can administer oaths and affirmations, take affidavits and statutory declarations, certify that a copy is a true copy of an original document, witness signatures, and affix a notarial seal. That seal — combined with the notary's signature — is what foreign governments, embassies, and federal bodies like Immigration, Refugees and Citizenship Canada (IRCC) actually look for.

A commissioner for taking affidavits in Ontario — informally called a commissioner of oaths — is appointed under the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17. The role is narrower. A commissioner can take an oath or affirmation, and commission an affidavit or statutory declaration, within Ontario for use within Ontario. A commissioner cannot certify true copies. A commissioner does not have a notarial seal that travels.

If you only ever need a commissioner, you may already know one. Every lawyer licensed by the Law Society of Ontario is a commissioner ex officio. So is every licensed paralegal. So are judges, justices of the peace, members of Provincial Parliament, and most municipal clerks and treasurers — within their offices and for the work the office covers. None of them are automatically notaries. To act as a notary public, a lawyer or paralegal still has to apply separately. And only a notary's signature gets you out of Ontario in one step.

What a notary can and cannot do: A notary public in Ontario witnesses signatures, administers oaths and affirmations, certifies true copies of originals, and commissions affidavits and statutory declarations. A notary does not give legal advice, draft court documents, or advise on immigration outcomes. For those, you need a lawyer or paralegal.

What a Commissioner of Oaths in Ontario Can (and Cannot) Do

A commissioner for taking affidavits is a person authorized to administer the oath or affirmation that turns a written statement into a sworn one. In Ontario practice, that means three things, and only three:

• They confirm your identity (usually by checking a piece of government photo ID).
• They watch you sign the document.
• They sign and date the jurat — the bottom-of-the-page block that says "Sworn (or affirmed) before me at the City of Ottawa, in the Regional Municipality of Ottawa-Carleton, on this _ day of _, 2026."

Once the commissioner signs, the document is sworn. Whether the receiving body accepts it is a separate question, and that is where the limits matter.

A commissioner of oaths in Ontario cannot:

• Certify a true copy of an original document. If your form says "submit a certified true copy of your passport", a commissioner is not the person you need.
• Issue a notarial certificate or affix a notarial seal.
• Witness signatures for documents going to a foreign embassy or border control with the expectation that a foreign official will recognize the witnessing.
• Act outside Ontario. A commissioner's authority is provincial.

A commissioner is also typically appointed for a defined purpose. Lawyers and paralegals are commissioners ex officio in connection with their practice. Court staff and certain government officials are commissioners in connection with the work of the office. A standalone "private" commissioner appointment exists too — and as of January 1, 2026, those appointments run for ten years instead of three, renewable. That reform applies to non-lawyer/non-paralegal commissioners and to non-lawyer/non-paralegal notaries; it is the answer to the question "why does my new commissioner card now say 2036 on it?"

Caption: Commissioning is taking the oath. It is the start of the process — sometimes it is the whole process, sometimes it is only the first step.

Who is a commissioner of oaths in Ontario without applying?

The Commissioners for Taking Affidavits Act lists who is a commissioner ex officio (automatically, by virtue of office). For Ottawa, the practical list is:

• Judges and justices of the peace in Ontario, including those sitting at the Ottawa courthouse at 161 Elgin Street.
• Lawyers licensed by the Law Society of Ontario, anywhere they practise in Ontario.
• Licensed paralegals licensed by the Law Society of Ontario.
• Members of Provincial Parliament, including the MPPs for the Ottawa ridings.
• Municipal clerks and treasurers of the City of Ottawa and other Ontario municipalities, in connection with the work of the office.
• Certain government officials and police officers, in connection with their duties.

If you are an Ottawa-area client and you have a friend, family member, or family lawyer in any of those categories, they may be able to commission your affidavit or statutory declaration without a separate appointment. Whether they will do it for free is a different conversation. Many will; some will charge a small fee; firms and law clerks may decline if it is unrelated to a file they are handling.

What a Notary Public in Ontario Can Do

A notary public in Ontario can do everything a commissioner can do — and then the things only a notary can do. The first set is identical to the commissioner list above: take oaths and affirmations, commission affidavits and statutory declarations.

The second set is what brings most Ottawa clients to a notary instead of a commissioner.

Certify true copies of original documents. If you need a copy of your passport, your diploma, your transcript, your permanent-resident card, or any other original document to be officially recognized as a true reproduction of the original, you need a notary public. A notary compares the original with the copy, signs and seals the copy, and adds wording certifying that it is a true copy. A commissioner cannot do this in Ontario. Educational credential assessments (ECA), professional licensing bodies, and IRCC offices in particular ask for certified true copies. If you read our guide to certified copies vs notarized documents, you will see the same point in more detail.

Witness signatures with a notarial seal recognized outside Ontario. Notarial acts performed in Ontario can be authenticated by Global Affairs Canada and, since Canada's accession to the Hague Apostille Convention came into force on January 11, 2024, can receive an apostille for use in Hague-Convention countries. A commissioner's jurat does not start that chain. If your document is destined for a foreign embassy, a foreign court, a foreign land registry, or a foreign bank, the chain begins with a notary.

Take affidavits and statutory declarations that need a notarial seal. Most affidavits and declarations do not strictly need notarization in Ontario — a commissioner is enough. But IRCC forms and some institutional forms specifically require a notarial seal. When the instruction guide says "must be notarized" or "by a notary public", it does not mean "by a commissioner of oaths". This distinction is the main reason newcomers' applications get returned.

When you book a notary appointment for an affidavit in Ottawa, you are paying for the seal as much as the oath. The oath is administrative work. The seal is the part the receiving body actually recognizes.

Booking note: Same-day appointments are sometimes available at our downtown office. Book online or call (613) 434-5555 to confirm a slot. Mention the receiving body (IRCC, embassy, employer, court) when you call — it tells us whether you need notarization, certification, or both.

Why a Notary Public Is Required for International Use

Ottawa is the federal capital. Embassy row runs along Sussex Drive and the surrounding streets. The IRCC office and Global Affairs Canada are within the federal precinct. The single biggest reason Ottawa clients ask the notary-vs-commissioner question is that something is leaving the country, or the receiving body is federal rather than provincial.

Three things change once your document crosses a border.

The receiving body does not know Ontario commissioners exist. A consular officer in Manila, a notary in Lagos, or a court registrar in Hanoi has no register of Ontario commissioners and no procedure for verifying a commissioner's signature. They have a procedure for verifying notarial seals, because notarial seals are part of an international system going back centuries.

Authentication and apostille are required. Documents leaving Canada usually need a second layer: authentication by Global Affairs Canada (for non-Hague countries) or an apostille (for Hague-Convention countries). Both processes start with a recognized notarial signature. A commissioner's jurat does not qualify. The Hague Apostille Convention has been in force for Canada since January 11, 2024 — by 2026 the apostille route is the default for most receiving countries.

Translation and accompanying affidavits often need a notary too. When a foreign-language document is translated for IRCC or a foreign embassy, the translator's affidavit confirming accuracy of the translation often needs to be notarized, not just commissioned. Read the form's instruction guide; if it asks for a "translator's affidavit" specifically, default to a notary.

The simple rule: if the document is leaving Ontario, default to a notary public.

Caption: Certified true copies — passports, diplomas, IDs — are notary territory. A commissioner cannot certify a copy of an original.

Decision Matrix: Which Professional Each Document Needs

This is the table to print and bring to your appointment. It maps the most common Ottawa scenarios to the right professional. Where both are acceptable, "either" usually means "whichever is faster and cheaper for you".

When the table says "either", call us before deciding. The right answer depends on the receiving body, not on what the form says on its face.

Ottawa Scenarios To Think Through

Abstract rules only get you so far. Here are five real Ottawa scenarios that come through our office, and the professional that fits each.

The Express Entry applicant in Stittsville. A skilled-worker applicant has been asked to submit certified copies of a Bachelor's degree and the accompanying transcript for an educational credential assessment. The instruction guide says "certified by a notary public". A commissioner — even the friend down the hall who happens to be a paralegal — cannot do this. A notary public is required, and the originals must be present in the room. Same-day appointments are possible if the originals are ready. The starting price for certified true copies in Ottawa is from $20 per document.

The parent in Barrhaven before the March-break trip. One parent is travelling to Cuba with the child; the other is staying in Ottawa. Travel.gc.ca recommends — and most foreign border officials expect — a notarized travel consent letter. Strictly the recommended form is not legally required, but a notarial seal removes friction at the border in both directions. A commissioner's jurat alone is unlikely to satisfy an inbound officer in Holguín. Book a travel consent letter notarization at least a week before the flight; from $25.

The executor in the Glebe. An estate executor is gathering documents to apply for a Certificate of Appointment of Estate Trustee at the Ottawa courthouse. The application includes affidavits. Those affidavits are for an Ontario court, in Ottawa. A lawyer or paralegal in the file — already a commissioner ex officio — can commission them. A notary's seal is not required for the Ontario court application itself. If the estate has assets in another province or another country, separate documents may need a notarial seal; that is a question to put to the estate lawyer.

The small-business owner in Kanata. A two-person Ontario corporation needs a notarized corporate resolution for a US bank to release funds in a cross-border account. The receiving body is an American institution that wants a notarial seal. A commissioner is not enough; the bank will not recognize a commissioner's jurat. A notary signs and seals the resolution; depending on the bank, an authentication or apostille step may follow.

The condo seller leaving Ottawa. A downtown condo owner is selling and moving to Lisbon before closing. The owner needs to grant a power of attorney to a sibling in Ottawa to sign on the closing date. For Ontario use only, either a commissioner or a notary can witness, subject to the witnessing rules under the Substitute Decisions Act, 1992. But because the seller is leaving Canada and the document may need to be re-executed or authenticated abroad if anything goes wrong, the practical answer is to have a notary sign and seal the POA. A notary takes ten extra minutes; a re-do from Lisbon takes weeks.

The pattern through all five: the question is never really "what does the form ask for?" It is "where does the document have to work?"

What Changed in Ontario at the Start of 2026

The substantive rules have not changed. Notaries are still appointed under the Notaries Act and commissioners under the Commissioners for Taking Affidavits Act. The doctrines — what each can do, who is ex officio, what a notarial seal means — are unchanged.

What changed at the start of 2026 is administrative: the term length for a commissioner appointment, and for a non-lawyer/non-paralegal notary appointment, was extended to ten years (up from three), renewable. This applies to standalone appointments granted through the Ministry of the Attorney General's program. Lawyer and paralegal notary appointments continue to be linked to the licence — typically for life so long as the licence is in good standing.

That change does not affect your decision. It does explain why a commissioner's card you receive in 2026 has an expiry date in 2036, and why renewal queues at the Ministry are quieter than they used to be. The reform was an Ottawa-style efficiency fix, not a change in scope.

Step-By-Step: How an Appointment Works at Minute Notary

For Ottawa clients, the process is the same whether you book a notarization or a commissioning. The difference is what gets stamped at the end.

1. Identify the document and the receiving body. Have the form in front of you. Look at the instruction guide. If it says "notarized", "certified by a notary public", or "certified true copy", you need a notary public. If it says "sworn before a commissioner of oaths" or "made under the Canada Evidence Act" with no notarial requirement, a commissioner is enough.
2. Gather identification. Bring valid government photo ID — Ontario driver's licence, Canadian passport, or PR card. If the document references a name change, bring proof of the change. Ontario health cards are not accepted as primary photo ID for notarization.
3. Bring originals where copies are involved. For certified true copies, the original document must be physically present. A notary cannot certify a scan, a photo of a document, or a copy of a copy.
4. Do not pre-sign. When a witness is required, sign in front of the notary or commissioner. A pre-signed document needing a witnessed signature has to be re-signed.
5. Book the right service. Affidavits, statutory declarations, certified true copies, travel consent letters, and immigration documents each follow slightly different processes. When in doubt, book a notary — a notary's signature satisfies both notary and commissioner requirements.
6. Confirm the next step after notarization. For documents going abroad, ask whether you need authentication (Global Affairs Canada) or an apostille. The notary cannot do those for you, but can confirm what you should ask for.

What to Bring to Your Appointment

Whichever professional you book, the appointment runs faster when you arrive prepared. Use the checklist below.

Caption: Bring originals, valid ID, and the document unsigned where a witness is required. The fastest appointments are the prepared ones.

Booking note: Tell us when you call whether your document is for IRCC, a foreign embassy, an Ontario court, or an internal employer form. That single sentence usually decides notary vs commissioner before you arrive. Call (613) 434-5555 or book online.

When to Call a Lawyer or Paralegal Instead

A notary public and a commissioner of oaths both witness and certify. Neither one drafts. Neither one advises. If your situation needs someone to write the document, argue the position, or take responsibility for what the document says, you need a lawyer or paralegal in Ontario, not a notary or commissioner.

Call a lawyer or paralegal when:

• The affidavit is in a contested family-court file (custody, support, division of property). The drafting matters as much as the swearing.
• The statutory declaration is the centre of a civil claim or defence, not a routine administrative form.
• The IRCC application has a refusal, an appeal at the Federal Court, a procedural-fairness letter, or a misrepresentation finding on file.
• The real-estate transaction has a title dispute, a lien, or unusual financing.
• The estate has a contested will, multiple jurisdictions, or trust planning.
• The power of attorney is part of an incapacity dispute or a substitute-decisions hearing.
• The document is a contract you have not read carefully and you want someone to read it for you.

A useful anchor: a notary public in Ontario can witness and certify, but a lawyer or paralegal advises on what the document should say. When the question is "what should this say?" or "what will happen if I sign this?", it is a lawyer question. When the question is "I have the document, who do I bring it to?", it is a notary or commissioner question.

Common Mistakes to Avoid

The five mistakes we see most often at our downtown Ottawa office:

• Using a commissioner when the form requires a notary. A commissioner's jurat is not a notarial certificate. If the receiving body uses the words "notarized" or "notary public", do not substitute. The document will come back.
• Asking a commissioner to certify a true copy. Commissioners cannot certify copies in Ontario. Some will sign anyway out of courtesy; the receiving body will reject it.
• Pre-signing a document that needs a witness. The witness has to see the signature happen. Bring the document unsigned.
• Bringing a scan instead of the original for a certified copy. A certified true copy is a copy of an original, not a copy of a copy.
• Assuming notarization is the last step. For documents going abroad, notarization is the first step; authentication (or apostille) comes after.

For more on why notarized documents get rejected and how to avoid that fate, see why notarized documents are rejected and common notary mistakes.

Pricing And Booking

Minute Notary publishes starting prices on every service page. The prices below are the starting rate for a standard notarization or commissioning; multiple signatures, exhibits, or unusual formatting may be quoted higher at the appointment.

Same-day appointments are sometimes available. Mobile service is available within the Ottawa area. Call (613) 434-5555 or book online.

Frequently Asked Questions

Is a commissioner of oaths the same as a notary public in Ontario?

No. A commissioner of oaths can take an oath or affirmation and commission an affidavit or statutory declaration within Ontario for use within Ontario. A notary public can do all of that, plus certify true copies of original documents and witness signatures with a notarial seal recognized internationally. Every notary public in Ontario is also a commissioner; not every commissioner is a notary. If your document is leaving Ontario or asks for a "certified copy", you need a notary public.

Can a lawyer in Ontario notarize my document?

Sometimes. Every lawyer in Ontario is a commissioner of oaths ex officio, so any Ontario lawyer can take your affidavit or statutory declaration. But a lawyer is not automatically a notary public. To act as a notary, the lawyer must apply separately to the Ministry of the Attorney General. Many do, and many firms have at least one notary on staff. Ask before you book — "are you a commissioner only, or are you also a notary public?" — to avoid having to start over.

Will IRCC accept a document signed by a commissioner of oaths?

It depends on the form. Some IRCC forms (a basic statement of facts, certain administrative declarations) accept a sworn statement before a commissioner. Others — anything asking for a "notarized" document or a "certified true copy" — require a notary public. The instruction guide is the canonical source for each form. When in doubt, default to a notary, because a notary's signature satisfies both requirements and a commissioner's does not. The cost of a returned application is far higher than the cost of upgrading from a commissioner to a notary.

Why does a notary cost more than a commissioner in Ottawa?

Two reasons. First, notary appointments require a separate application and Lieutenant-Governor approval — a step a commissioner does not take. Second, a notary's signature carries an enforceable certification that a commissioner's does not, including the international recognition that flows from the notarial seal. The starting price difference at Minute Notary is small — for example, oaths and affirmations from $20 versus an affidavit from $30 — and it reflects the additional liability and the additional document.

What is the 2026 change to commissioner appointments?

Effective January 1, 2026, standalone appointments under the Commissioners for Taking Affidavits Act and standalone notary appointments for non-lawyers and non-paralegals run for ten years instead of three, renewable. Lawyer and paralegal appointments continue to be linked to the licence in good standing. The change is administrative; it does not affect what either professional can do.

Can I get a document notarized by phone or online in Ontario?

Limited remote-online-notarization (RON) is permitted in Ontario for some documents, with rules around video presence, identity verification, and document handling. Many receiving bodies — IRCC included — still prefer or require an in-person notarization, particularly for certified true copies because the original document has to be physically present. For an Ottawa-area client, in-person at a downtown office or via mobile service is usually faster and removes risk of rejection. See remote online notarization in Ontario for the current state.

What ID does a notary or commissioner accept?

Valid government photo ID. Ontario driver's licence, Canadian passport, permanent-resident card, and the Ontario photo card (issued by ServiceOntario for non-drivers) are all accepted. An Ontario health card is not acceptable as primary photo ID for notarization in Ontario. Bring two pieces of ID where possible — IRCC and foreign embassies sometimes ask for stronger identity proof, and a second piece resolves any doubt.

Final Recommendation

If you are still unsure after reading this, default to a notary public. The cost difference is small, the document works in both situations, and the risk of having a federal or international body refuse a commissioner's jurat is real. The opposite is not true — you cannot upgrade a commissioner's signature to a notarial certificate after the fact.

For Ottawa, Ontario clients with one document and a deadline, the practical workflow is short. Identify the receiving body. Read the instruction guide. If anything points outside Ontario, points to IRCC or a foreign embassy, or asks for "certification" in any form, book a notary. If the document stays inside Ontario and the receiving body is a court, ServiceOntario, or an Ontario employer, a commissioner is enough.

When you are ready, book a notary appointment or call (613) 434-5555. Tell us the receiving body when you call. The right professional usually decides itself in one sentence.

Book Your Appointment

Need a notary public or commissioner of oaths in Ottawa? Minute Notary handles affidavits from $30, statutory declarations from $25, certified true copies from $20, and oaths and affirmations from $20.

• Call: (613) 434-5555
• Book online: Request an appointment
• Hours: Monday–Friday 9:00 AM – 5:00 PM, Saturday 10:00 AM – 2:00 PM

Sources

• Notaries Act (Ontario), R.S.O. 1990, c. N.6
• Commissioners for Taking Affidavits Act (Ontario), R.S.O. 1990, c. C.17
• Substitute Decisions Act, 1992 (Ontario)
• Government of Canada — Travel consent letter for children
• Global Affairs Canada — Authentication of documents
• Law Society of Ontario
• Ontario — Become a commissioner for taking affidavits or notary public