What a notary public in Ontario actually does, how the role differs from a commissioner of oaths, a lawyer, and a justice of the peace, what ID is accepted, and what the seal really promises.
Key Takeaways
- A notary public in Ontario is appointed under the Notaries Act, R.S.O. 1990, c. N.6 by the Lieutenant Governor on the recommendation of the Attorney General.
- The notarial seal is not approval of your document's content. It is a narrow promise about the act of signing: an identified person appeared, signed of their own free will, and the oath was properly administered.
- Every Ontario notary is also a commissioner of oaths, but not every commissioner is a notary. A commissioner cannot certify true copies and has no seal that travels outside Ontario.
- A notary does not give legal advice, draft court documents, or advise on immigration outcomes.
- Most affidavits, statutory declarations, and travel consent letters can be commissioned fully online under O. Reg. 431/20.
- Ottawa pricing at Minute Notary is a flat $24.95 per stamp plus HST, the same rate online or in person.
What is a Notary Public?
A Notary Public is a public officer appointed by the provincial government to serve as an impartial witness to the signing of important documents. In Ontario, notaries public are appointed under the Notaries Act, R.S.O. 1990, c. N.6 by the Lieutenant Governor, on the recommendation of the Attorney General.
Unlike in some countries where notaries have extensive legal powers, Ontario Notary Publics focus specifically on:
- Witnessing signatures on documents
- Administering oaths and affirmations
- Certifying copies of original documents
- Taking affidavits and statutory declarations
What the seal actually promises
This is the part most people have backwards, and it explains nearly every frustrating notary appointment.
The seal a notary applies is not a rubber stamp of approval for the content of your document. A notary does not read your affidavit and vouch that it is true, well-drafted, or likely to succeed. The seal is a narrower and more valuable promise about the act of signing: that an identified person appeared, that they signed of their own free will, and — for an oath or affirmation — that the oath was properly administered. For a certified true copy, the promise is that the notary compared the copy against a genuine original and confirmed they match.
Once you see it that way, the notary's questions stop feeling like an arbitrary checklist. A notary cannot promise you signed voluntarily if you appear to be under pressure. They cannot promise you are who you claim if your ID has expired. They cannot promise a copy matches an original you did not bring. And they cannot witness a signature that already happened before you walked in.
Notary Public vs. Commissioner of Oaths
These two roles get used interchangeably, and that mix-up sends people to the wrong professional every day.
Every Ontario notary public is also a commissioner of oaths, but not every commissioner is a notary.
A commissioner for taking affidavits — informally, 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, and has no notarial seal that travels.
| Task | Notary Public | Commissioner of Oaths |
|---|---|---|
| Administer oaths and affirmations | ✓ | ✓ |
| Commission affidavits and statutory declarations | ✓ | ✓ (within Ontario only) |
| Certify a true copy of an original | ✓ | ✗ |
| Affix a notarial seal | ✓ | ✗ |
| Recognized by foreign embassies and border officials | ✓ | ✗ |
| Authority outside Ontario | ✓ | ✗ |
You may already know a commissioner without realizing it. Every lawyer and licensed paralegal in Ontario is a commissioner ex officio — automatically, by virtue of office — as are judges, justices of the peace, MPPs, and most municipal clerks and treasurers within the work of their office. None of them are automatically notaries; a lawyer or paralegal still has to apply separately to act as one.
The practical rule: if your form asks for a certified true copy, or your document is leaving Ontario, you need a notary. For a domestic affidavit staying inside the province, a commissioner is enough.
One recent change worth knowing: as of January 1, 2026, standalone (non-lawyer, non-paralegal) commissioner and notary appointments run for ten years instead of three, renewable.
Want the full comparison? See Notary Public vs Commissioner of Oaths in Ontario.
Notary Public vs. Lawyer: What's the Difference?
Many people confuse notaries with lawyers, but there are key differences:
| Service | Notary Public | Lawyer |
|---|---|---|
| Witness signatures | ✓ | ✓ |
| Certify copies | ✓ | ✓ |
| Provide legal advice | ✗ | ✓ |
| Represent in court | ✗ | ✓ |
| Draft legal documents | Limited | ✓ |
| Cost | Lower | Higher |
Key Point: If you just need a document notarized or witnessed, a Notary Public is often faster and more affordable than visiting a lawyer.
What a notary explicitly does not do: give legal advice, draft court documents, or advise on immigration outcomes. When the question is "what should this document say?" or "will my application be approved?", that is a lawyer or paralegal question — and a good notary will tell you so rather than guess.
What about a Justice of the Peace?
A justice of the peace is a commissioner of oaths ex officio, so a JP can administer an oath. But a JP generally will not certify true copies or handle the document-authentication work that immigration and embassy filings need, and JP availability is tied to court business rather than appointments. For the everyday paperwork most people bring us, a notary is the right call. The full breakdown is in Notary Public vs Justice of the Peace in Ontario.
Can It Be Done Online in Ontario?
Yes — for most documents, and this is permanent law, not a pandemic leftover.
Under the Commissioners for Taking Affidavits Act, O. Reg. 431/20 permanently allows a commissioner or notary public to administer an oath, affirmation, or declaration by audio-visual communication technology. You and the notary do not have to be in the same room. Paired with electronic signatures and a digital seal, affidavits and statutory declarations can be commissioned fully online and fully digitally — no mailing paper back and forth. Separately, Bill 245 made virtual witnessing of wills and powers of attorney permanent.
Commonly handled online: affidavits, statutory declarations, and travel consent letters.
Some documents still need an in-person or mobile appointment — certain originals, and documents where the receiving body specifically requires wet ink. If you are unsure which category yours falls into, ask before you book. Details in the online and virtual notary guide and remote online notarization in Ontario.
When Do You Need a Notary Public?
Here are the most common situations where you'll need notary services:
1. Immigration Applications
Immigration, Refugees and Citizenship Canada (IRCC) often requires:
- Certified copies of passports
- Certified copies of birth certificates
- Affidavits of relationship
- Statutory declarations
2. Traveling with Children
If your child is traveling with one parent or a guardian, you may need a notarized travel consent letter to avoid issues at the border.
3. Real Estate Transactions
While most real estate documents go through lawyers, some ancillary documents may need notarization.
4. Business Documents
- Corporate resolutions
- Contracts and agreements
- Authorization letters
5. Educational Documents
Universities and professional licensing bodies often require certified copies of:
- Diplomas and degrees
- Transcripts
- Professional certifications
How Much Does a Notary Public Cost in Ottawa?
Notary fees at Minute Notary are a flat $24.95 per stamp/seal, plus HST. Every service — certified copies, affidavits, statutory declarations, signatures — is the same rate per stamp. If more than one person is signing, an additional signer fee also applies.
This is generally more affordable than lawyer fees for the same services.
What to Bring to Your Notary Appointment
| Item | Why you need it |
|---|---|
| Valid government photo ID | The notary must verify your identity; expired ID is not accepted. |
| A second piece of ID when possible | IRCC and foreign embassies often want stronger identity proof. |
| The document, unsigned where a witness is required | A notary cannot witness a signature that already exists. |
| The original document (for certified copies) | A notary cannot certify a copy of a copy. |
| A completed document with no blanks | A notary cannot notarize a document with empty fields. |
| Proof of any name change | Bridges a name mismatch between your ID and the document. |
| All parties who must sign | Each signatory appears in person and presents ID. |
Which ID is accepted?
| ID type | Accepted | Notes |
|---|---|---|
| Ontario driver's licence | Yes | Must be valid and unexpired. |
| Canadian passport | Yes | Often required for IRCC document work. |
| Permanent Resident card | Yes | Useful when the document references PR status. |
| Provincial photo card (Ontario) | Yes | Issued by ServiceOntario for non-drivers. |
| Health card | No | Ontario health cards are not accepted as primary photo ID for notarization. |
| Expired ID | No | Renew before the appointment. |
Why a Notary Might Refuse Your Document
A refusal is not a notary being difficult. The seal is a promise about the act of signing — that an identified person appeared, signed freely, and was properly sworn. A notary declines when they cannot honestly make that promise. The three most common reasons:
- Identity cannot be verified. Expired ID, or a name on the ID that does not match the document. If you changed your name, bring the marriage certificate or change-of-name certificate that bridges the gap.
- The document was already signed. For anything needing a witnessed signature, the whole point is that the notary watches you sign. Bring it unsigned; if you already signed, bring a fresh clean copy.
- The document is incomplete. Blank fields are an open door to fraud — anything could be added after the seal. Fill every blank that applies, and write "N/A" where one does not.
Others include altered or whited-out documents, a signer who does not appear to understand what they are signing, a signing that does not appear voluntary, a language barrier with no neutral interpreter, and a copy brought instead of an original. The full list, with fixes for each, is in why a notary refuses to notarize a document.
Worth knowing: a refusal at the desk is cheaper than a rejection after submission. See why notarized documents get rejected.
Finding a Reliable Notary in Ottawa
When choosing a notary, look for:
- ✓ Licensed and appointed by the Province of Ontario
- ✓ Clear pricing with no hidden fees
- ✓ Convenient location and hours
- ✓ Professional, confidential service
- ✓ Good reviews from previous clients
Frequently Asked Questions
Is a notary public the same as a commissioner of oaths in Ontario?
No, though the roles overlap. Every Ontario notary public is also a commissioner of oaths, but not every commissioner is a notary. A commissioner is appointed under the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17, and can administer an oath or affirmation and commission an affidavit or statutory declaration within Ontario, for use within Ontario. A commissioner cannot certify true copies and has no notarial seal. A notary public is appointed under the Notaries Act, R.S.O. 1990, c. N.6, and can do everything a commissioner can plus certify true copies and apply a notarial seal that foreign governments, embassies, and IRCC recognize. If your document leaves Ontario, you want a notary.
Do I need a lawyer, or is a notary enough?
It depends on what you are asking for. If you need someone to witness a signature, administer an oath, commission an affidavit or statutory declaration, or certify a copy of an original, a notary is enough and is usually faster and less expensive. If you need advice on what a document should say, whether to sign it, how it affects your rights, or whether an application will succeed, that is legal advice and requires a lawyer or licensed paralegal. A notary does not give legal advice, draft court documents, or advise on immigration outcomes.
Can a notary notarize a document I already signed?
Not when the document needs a witnessed signature. The point of notarizing an affidavit, statutory declaration, travel consent letter, or power of attorney is that the notary watches you sign. If you signed it at home, the notary cannot honestly certify they witnessed a signature that already existed. Bring the document unsigned. If you have already signed, bring a fresh clean copy to sign at the appointment. This is one of the most common reasons an appointment goes sideways, and it is entirely avoidable.
Is an Ontario health card accepted as ID for notarization?
No. An Ontario health card is not accepted as primary photo ID for notarization. Bring a valid, unexpired Ontario driver's licence, Canadian passport, Permanent Resident card, or Ontario photo card issued by ServiceOntario. Expired ID is not accepted either, so check the expiry date the night before. For IRCC and foreign embassy work, bring two pieces of government photo ID when you can, because the receiving body often wants stronger identity proof.
Can I get a document notarized online in Ontario?
For many document types, yes. O. Reg. 431/20 under the Commissioners for Taking Affidavits Act permanently allows a notary or commissioner to administer an oath, affirmation, or declaration by audio-visual communication technology, so you and the notary do not need to be in the same room. Combined with electronic signatures and a digital seal, affidavits and statutory declarations (including consent letters prepared in declaration form) can be completed fully online with no paper mailed. Witnessing an ordinary signature stays in person — O. Reg. 431/20 covers oaths and declarations only. Bill 245 made virtual witnessing of wills and powers of attorney permanent as well, though that requires a lawyer or paralegal witness. Some documents and some receiving bodies still require paper and wet ink, so confirm the requirement before booking.
How much does a notary cost in Ottawa?
At Minute Notary the rate is a flat $24.95 per stamp or seal, plus HST. Every service is the same rate per stamp: certified copies, affidavits, statutory declarations, signature witnessing. The rate is the same whether you sign online or in person. If more than one person is signing, an additional signer fee applies. Most appointments take about 15 minutes.
What does a notary's seal actually guarantee?
Less than most people assume, and that is the point. The seal is not approval of your document's content. It is a narrow, verifiable promise about the act of signing: that an identified person appeared, that they signed of their own free will, and, for an oath or affirmation, that the oath was properly administered. For a certified true copy, the promise is that the notary compared the copy against a genuine original and confirmed they match. A notary saying no to something is the same promise working correctly.
How long does a notary appointment take?
Usually about 15 minutes for a straightforward single-signer document. Affidavits with exhibits or multiple signers take longer, typically 15 to 25 minutes. The biggest variable is preparation: an appointment where the document is complete, unsigned, and the ID is valid moves quickly, while a missing original or an expired licence can end the appointment without a seal.
Ready to Get Started?
At Minute Notary, we provide notary services in Ottawa — most appointments done in about 15 minutes, at $24.95 per stamp. Whether you need certified copies, affidavits, or travel consent letters, we're here to help.
Book your appointment today or call us to discuss your needs.
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About the author
Duong Quan Nguyen
Notary Public & Licensed Paralegal, Province of Ontario (LSO #P21230)
Duong Quan Nguyen is an Ottawa Notary Public and Licensed Paralegal, appointed under Ontario’s Notaries Act and a member of the Law Society of Ontario. Since 2020 he has helped Ottawa clients with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. This guide is general information, not legal advice.