Who can notarize a document in Canada depends on the province. In Ontario only an appointed notary public can, and lawyers and paralegals must apply. Other provinces, commissioners, banks, online and abroad.
Last updated: November 6, 2026
Who Can Notarize a Document in Canada?
Quick answer: A notary public can notarize a document in Canada, and each province or territory has its own law on who holds that office. In Ontario, only a notary appointed under the Notaries Act can: lawyers and licensed paralegals must apply, and the Ministry of the Attorney General says "there are no notaries by virtue of office". Minute Notary notarizes in person on a mobile visit in Ontario, and commissions affidavits and statutory declarations online by video, which is a commission, not a notarization.
Who can notarize a document? If a form says "have this notarized", what matters is whether the person in front of you actually holds the office. A lawyer, a commissioner of oaths and a bank employee can all look like the right person. This guide goes person by person through who can notarize documents in Ontario, then province by province for the rest of Canada.
This guide is about the person, not the paper. If you want to know who may witness a particular document, such as a will or a power of attorney, see who can witness a signature in Ontario.
Key Takeaways
| Person, in Ontario | Can they notarize? | Where it comes from |
|---|---|---|
| Notary public appointed in Ontario | Yes, within any limits on the appointment | Notaries Act ss. 1 and 3 |
| Lawyer or paralegal licensed by the Law Society | Only if appointed. They must apply | Notaries Act s. 1(1); Ministry of the Attorney General |
| Employee appointed as a non-lawyer notary | Only for that job, not for personal use | Notaries Act s. 3(2); Ministry |
| Commissioner for taking affidavits | No. Takes affidavits and declarations only | Commissioners for Taking Affidavits Act |
| Judge, justice of the peace, MPP, police officer, court or town clerk | No, not by office. They are commissioners by office | O. Reg. 386/12; Ministry |
| ServiceOntario staff | No, not by office. Commissioners when serving the public | O. Reg. 386/12, s. 1(1), para. 9 |
| Anyone, online by video | No. Remote notarization is not permitted | Ministry; Law Society notice |
What "Notarize" Means in Ontario
The Notaries Act lists what a notary public may do (s. 3(1)):
- witness or certify, and attest, the execution of a document, which is watching someone sign and confirming it;
- certify and attest a true copy of a document;
- exercise the powers of a commissioner for taking affidavits in Ontario.
The third power is what people mix up. A commissioner "may administer oaths and can take affidavits, declarations and affirmations", in the Ministry's words, and does not need to be a notary. So a sworn affidavit does not have to be notarized at all: a commissioner can take it. A notarized signature or a notarial copy of a document needs a notary. For more on the difference, see notary public vs commissioner of oaths.
Who Can Notarize a Document in Ontario
Only someone the Attorney General has appointed as a notary public (s. 1(1)). The Ministry's page says it plainly: "Unlike commissioners, there are no notaries by virtue of office. To become a notary public in Ontario, you must apply and be appointed." There are two kinds of appointment.
Lawyers and paralegals. The Ministry says lawyers and paralegals "are not notaries by right and must still apply". Once appointed, they hold a lifetime appointment as long as they stay licensed with the Law Society of Ontario and their licence is not suspended or in abeyance. ServiceOntario adds that "only Ontario lawyers and paralegals working in Ontario can apply", so a lawyer licensed only in another province cannot use this route.
Everyone else. A person who is not a lawyer or paralegal can be appointed for a 10-year term, but only to serve an existing job. The Ministry says these notaries may not act "outside their limitations or for personal use". See how to become a notary public in Ontario for the routes in detail.
Carrying on business as a notary or holding yourself out as one without a current appointment is an offence, and so is performing a notary's functions without one unless another law allows it. The fine can reach $10,000 (s. 6(3)).
People Who Often Get Mistaken for Notaries
Commissioners of oaths. They take affidavits and declarations. The Ministry's guide says the Commissioners for Taking Affidavits Act "does not itself authorize commissioners to certify true copies of documents", and its notary page says "commissioned documents cannot be apostilled". If your document calls for a notary by name, a commissioner will not do.
Judges, justices of the peace, MPPs, police officers and municipal clerks. O. Reg. 386/12 makes them commissioners by virtue of their office, many only within their duties or area. That is not a notary appointment. See notary public vs justice of the peace.
ServiceOntario staff. The same regulation makes them commissioners, "but only when providing services directly to the public as part of their work".
Bank and office staff. A job title does not make someone a notary. Some employees do hold an appointment, but in Ontario a non-lawyer notary's ability "is limited to notarizing a document which directly relates to your employment, business and/or organization". A branch may be able to help with its own paperwork and still turn away a personal document, so call first.
Family members. A relative who is a notary is not a neutral official, and the office receiving your document may question it. See can a notary notarize for a family member.
Who Can Notarize in Other Provinces and Territories
There is no single rule for Canada. Each province and territory has its own law, and the answer for lawyers changes as you cross a border. These are the rules as each government states them.
| Province or territory | Who can notarize |
|---|---|
| Ontario | Notaries appointed under the Notaries Act. Lawyers and licensed paralegals must apply. |
| Quebec | Quebec notaries, a legal profession of their own. They give legal advice, draft and authenticate documents, and act as public officers. Registration with the Chambre des notaires is required. |
| British Columbia | Members of the Society of Notaries Public (Notaries Act s. 16) and practising lawyers (Legal Profession Act s. 14(3)). Others can be appointed with limited powers, for example government employees (Notaries Act s. 15). |
| Alberta | By office or status: judges, lawyers and students-at-law, MLAs, MPs from Alberta, and senators who lived in Alberta when appointed. Others apply under the Notaries and Commissioners Act. |
| Saskatchewan | All lawyers are notaries. Others apply under The Notaries Public Act for a five-year appointment. |
| Manitoba | Appointed under The Manitoba Evidence Act, and must be a lawyer entitled to practise law in Manitoba. |
| Nova Scotia | Appointments are limited to MLAs and practising lawyers. |
| Newfoundland and Labrador | Appointed by the minister: a Canadian citizen or permanent resident who lives in the province. Only a notary who is a lawyer may use audio-visual technology, under the regulations. |
| Northwest Territories | Appointed by the Minister of Justice. A lawyer must apply: the appointment is not automatic. |
For New Brunswick, Prince Edward Island, Yukon and Nunavut, check with that government's justice department.
The province receiving your document may also insist on a notary rather than a commissioner. Nova Scotia notes that when an affidavit or statutory declaration will be used in another province, that province's law "may require that it be completed by a Notary Public rather than a Commissioner of Oaths".
Can a Document Be Notarized Online?
Not in Ontario. The Ministry says: "Remote notarization is not permitted under the Notaries Act. Documents notarized remotely will not be authenticated or apostilled by Ontario's Official Documents Services."
The Law Society of Ontario also warned on February 26, 2025 that documents notarized this way "may be invalid and may not be useable for their intended purpose".
Oaths are different. Under O. Reg. 431/20, an affidavit or statutory declaration can be commissioned over live video when both people can see and hear each other throughout, the commissioner confirms identity, and a modified jurat records where each person was. Minute Notary works this way online: we commission affidavits and declarations by video. We do not notarize documents online. Any signature or copy that needs a notary is done in person.
The Ministry notes that nothing obliges an organization to accept a remotely commissioned document, so check first.
Who Can Notarize Outside Canada
Start with a local notary or lawyer. Canadian consular officials abroad have authority under the Canada Evidence Act and provincial and territorial statutes to perform notarial services, but the Government of Canada says these "are offered, however, only when no local service providers exist".
Where they do offer them, they may witness signatures, administer oaths and affirmations, certify true copies of some documents that meet strict requirements, and notarize certain documents intended for use in Canada. Fees apply. They cannot draft documents, give legal advice or assess a document's content.
Before you book, ask whether the office receiving your document accepts a foreign notary and needs any further authentication.
Do You Actually Need a Notary?
Often you do not. Read the instructions you were given, then use this table. Our notary vs commissioner guide goes through more documents.
| What you were asked for | Who to see |
|---|---|
| An affidavit or statutory declaration for use in Ontario | A notary, or a commissioner acting within their office or appointment, in person or by video under O. Reg. 431/20 |
| A certified true copy of an original | A notary public, in person. See notarial vs certified copies |
| A signature notarized | A notary public, in person. See notarizing signatures |
| A document for use abroad with an apostille | A notary public, in person. See apostille and authentication |
| A form that names its witness | Only the person it names. See who can witness a signature |
If you are not sure, ask whoever asked for the document. They decide what they accept, and a short call can save a second appointment.
What a notary can and cannot do: A notary public can check each signer's government photo ID, watch signatures, certify true copies, and take affidavits and declarations. A notary does not draft your document, decide what it should say or give legal advice unless the notary is a lawyer or paralegal retained to do so. For those, see notary vs lawyer in Ontario.
How to Check That Someone Can Notarize in Ontario
- Ask directly: "Are you a notary public, or only a commissioner?" Every licensed lawyer and paralegal is a commissioner, but each has to apply to be a notary.
- Look at the seal. The embossed notarial seal must match the name on the notary's notice of approval and show "Notary Public" and "Ontario".
- For a non-lawyer notary, look for the stamp as well. It shows the date the appointment expires and any limits on territory and purpose (s. 5(3)).
- Report concerns. The Ministry says you may report evidence of an unlawful act to your local police service and, if the notary is a lawyer or paralegal, file a complaint with the Law Society of Ontario.
How Minute Notary Can Help
Minute Notary is an Ontario notary practice. Tell us what the document is, who will sign and who will receive it, and we will tell you whether it is done in person or online. We do not draft documents or give legal advice.
- Contact us or call (613) 434-5555 with the document and any instructions you were given.
- For anything that needs a notary, we come to you on a mobile visit. Bring the document unsigned, any originals, and government photo ID for each signer.
- For an affidavit or statutory declaration, we can commission it online by video, or in person if that is what is needed.
Pricing
| Service | Fee | Note |
|---|---|---|
| Notarizing a signature or certifying a copy, in person | $24.95 per seal + $60 travel fee | Travel fee up to 30 km from our nearest office in Ottawa or Toronto, once per trip |
| Commissioning an affidavit or declaration, online | $24.95 per seal | By live video; a card fee of 2.9% + $0.30 applies |
Note: fees are before HST. Beyond 30 km, an additional travel fee applies. All fees are shown in full before you pay.
See every posted rate on our pricing page.
Frequently Asked Questions
Who can notarize a document in Canada?
A notary public. Each province and territory has its own law on who holds that office. In some, such as Saskatchewan and British Columbia, practising lawyers are notaries automatically. In others, such as Ontario, Manitoba and the Northwest Territories, a lawyer must apply. Quebec notaries are a separate legal profession.
Who can notarize a document in Ontario?
Only a notary public appointed under Ontario's Notaries Act. Lawyers and paralegals licensed by the Law Society of Ontario can apply and hold the appointment while licensed. Anyone else can be appointed only for their job and can notarize only within those limits. The Ministry of the Attorney General says there are no notaries by virtue of office.
Can a lawyer or paralegal notarize a document in Ontario?
Only if they have been appointed as a notary public. Every lawyer and paralegal licensed by the Law Society of Ontario is automatically a commissioner for taking affidavits, but the Ministry says they "are not notaries by right and must still apply". Ask, "Are you a notary public, or only a commissioner?"
Can a commissioner of oaths notarize a document?
No. A commissioner can take affidavits and declarations and administer oaths. The Commissioners for Taking Affidavits Act does not itself authorize a commissioner to certify true copies, and Ontario's Official Documents Services does not process commissioned documents, so they cannot be apostilled.
Can a bank notarize a document in Canada?
It depends on the employee and the province. Saskatchewan's government lists banks among the places you can find a notary. In Ontario, an employee who is not a lawyer or paralegal can notarize only documents that directly relate to the employment or business named in the appointment, so do not count on a branch to notarize a personal document. Call the branch first.
Can ServiceOntario notarize a document?
ServiceOntario staff are commissioners for taking affidavits, but only when providing services directly to the public as part of their work. That is not a notary appointment, and Ontario has no notaries by virtue of office.
Can a family member notarize my document?
It is best avoided. A relative who is a notary is not a neutral official, and the office receiving your document may question it. In Ontario, a notary who is not a lawyer or paralegal cannot notarize for personal use at all, and a commissioner cannot take their own affidavit. See our guide to notarizing for a family member.
Can a document be notarized online in Ontario?
No. The Ministry says remote notarization is not permitted under the Notaries Act, and documents notarized remotely will not be authenticated or apostilled by Official Documents Services. What can be done by video is commissioning an affidavit or statutory declaration under O. Reg. 431/20. That is a commission, not a notarization.
Who can notarize a document outside Canada?
Start with a local notary. Canadian consular officials can witness signatures, administer oaths and certify some true copies, but the Government of Canada says these services are offered only when no local service providers exist, and fees apply. Ask the receiving office first whether it accepts a foreign notary.
How do I know someone is really a notary in Ontario?
Ask directly. An Ontario notary uses an embossed seal that matches their name and shows "Notary Public" and "Ontario". A notary who is not a lawyer or paralegal also uses a stamp showing the expiry date and any limits on the appointment. Holding yourself out as a notary without an appointment is an offence under the Notaries Act.
How much does a notary cost at Minute Notary?
$24.95 per seal plus HST. Notarizing a signature or certifying a copy is done in person on a mobile visit, with a $60 travel fee for up to 30 km. Commissioning an affidavit or statutory declaration online is $24.95 per seal, plus a card fee of 2.9% + $0.30. The full amount is shown before you pay.
Final Recommendation
Do not assume a title means a notary. In Ontario, ask whether the person was appointed as a notary public, because a lawyer, a paralegal or a commissioner may only have the smaller power. Outside Ontario, check that province's rule.
Book Your Appointment
Need a document notarized in person in Ontario, or an affidavit or statutory declaration commissioned by video? Minute Notary does both.
- Contact us: Ask a question or request a visit
- Call: (613) 434-5555
- Service pages: Notarizing signatures, Certified copies, Commissioner of oaths, Mobile notary
- Related guides: How to get a document notarized in Ontario, Who can witness a signature in Ontario, Notary public vs commissioner of oaths
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Notaries Act, R.S.O. 1990, c. N.6 (Ontario), ss. 1, 3, 5 and 6
- Ministry of the Attorney General: Information for notaries public in Ontario
- Ministry of the Attorney General: Guide for newly appointed commissioners for taking affidavits in Ontario
- Ministry of the Attorney General: Becoming a commissioner for taking affidavits or a notary public (non-lawyer and non-paralegal)
- ServiceOntario: How to become a notary public (Ontario lawyers and paralegals)
- O. Reg. 386/12: Commissioners and Other Persons Who May Take Affidavits (Ontario)
- O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
- Law Society of Ontario: Notice to the Professions, Online notary services are not permitted under the Notaries Act (February 26, 2025)
- Government of Quebec: Notaries (trade and occupation profile)
- Notaries Act, R.S.B.C. 1996, c. 334 (British Columbia), ss. 15 and 16
- Legal Profession Act, S.B.C. 1998, c. 9 (British Columbia), s. 14(3)
- Government of Alberta: Notaries public
- Government of Saskatchewan: Notary Public in Saskatchewan
- Manitoba Companies Office: Notary Public Appointment for Manitoba
- Nova Scotia Department of Justice: Commissioners of Oaths and Notaries Public
- Notaries Public Act, R.S.N.L. 1990, c. N-5 (Newfoundland and Labrador), ss. 2, 6 and 8
- Government of the Northwest Territories: Notaries public
- Government of Canada: Notarial services (consular officials abroad)
This article was written using AI.
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About the author
Kai Mai
Co-founder & Chief Technology Officer, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.