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Plain-English glossary

Ontario notary and commissioner terms, in plain English.

What each word on your document means, how it works in Ontario, and the official page that says so.

Terms from A to Z

A

Affiant

Another word for deponent: the person who swears or affirms an affidavit and signs it.

In OntarioOntario's court rules and forms use the word deponent.

Affidavit

Also: sworn statement, sworn affidavit

A written statement of facts that you sign and then swear or affirm is true in front of a commissioner or notary. Courts often rely on one as evidence, and governments and other organizations may ask for one too.

In OntarioAn affidavit used in a civil court case is written in the first person with numbered paragraphs (Form 4D, Rules of Civil Procedure, r. 4.06). It can be commissioned by video under O. Reg. 431/20, though nothing obliges the receiver to accept a remote one.

Affidavit of execution

Also: affidavit of execution of will or codicil, Form 74D

A sworn statement by a witness to a will or codicil, describing how it was signed.

In OntarioIn a probate application it is Form 74D, and the original will is attached to it and marked as an exhibit (Rules of Civil Procedure, r. 74.04).

Affidavit of service

Also: proof of service, Form 16B, Form 8A, Form 6B

A sworn statement by the person who delivered court papers, saying what was delivered, to whom, when and how.

In OntarioEach court has its own form: Form 16B in civil cases (r. 16.09), Form 8A in Small Claims Court, Form 6B in family court and Form 74B in estates.

Affirmation

Also: solemn affirmation, affirm, affirmed

A solemn promise to tell the truth, made without an appeal to religion. You can choose it instead of an oath.

In OntarioOntario's Evidence Act gives an affirmation the same force and effect as an oath (s. 17).

Apostille

A certificate confirming that the signature and seal on a public document are genuine, so the document can be used in a country that has joined the Hague Apostille Convention.

In OntarioOfficial Documents Services issues apostilles for Ontario documents after checking the signature and seal against its records. It does not process commissioned documents, and a document notarized remotely will not be apostilled, so plan on a notary public in person.

Attestation

Also: attest, attesting witness

Signing a document to confirm that you saw it being signed, or that something about it is correct.

In OntarioThe Notaries Act lets a notary public witness or certify, and attest, the signing of a document, and certify and attest a true copy (s. 3). The witnesses who sign a will are called attesting witnesses.

Attorney

Also: attorney for property, attorney for personal care

In a power of attorney, the person you choose to act for you. An attorney does not have to be a lawyer.

In OntarioAn attorney for property handles your financial affairs. An attorney for personal care makes decisions about things like your health care and housing.

Audit trail

Also: record of the transaction, audit log

A dated log of what happened to a document: who did what, and when. At Minute Notary, sensitive actions such as viewing, resending or delivering a file are logged this way.

In OntarioA commissioner who takes an oath or declaration remotely must keep a record of the transaction (O. Reg. 431/20, s. 2).

Authentication

Also: certificate of authentication

A certificate confirming that the signature and seal on a public document are genuine, used for countries that have not joined the Hague Apostille Convention.

In OntarioOfficial Documents Services issues it for Ontario documents. The consulate or embassy of the destination country may then ask for legalization.

B

Bill of sale

A signed record of a vehicle sale showing the seller, the buyer, the date and the price.

In OntarioIt must be signed and dated by both buyer and seller. You can use the section at the bottom of the used vehicle information package.

C

Certificate of appointment of estate trustee

Also: probate certificate, letters probate

The court document that gives a person authority to act as estate trustee, or confirms the authority of the person named in the will.

In OntarioYou apply to the Ontario Superior Court of Justice. If the estate is valued at up to $150,000, you can apply for a Small Estate Certificate instead.

Certificate of non-impediment

Also: letter of non-impediment, certificate of no impediment, statement in lieu

A document some countries ask for before a marriage there, confirming there is no objection to it. Canada does not issue one. Global Affairs Canada can give a statement in lieu, a letter saying only that, and the foreign authority may ask instead for a marriage search record or a single status affidavit.

Certified true copy

Also: certified copy, notarial copy, notarized copy, certified photocopy, true copy

A photocopy that an authorized person has compared with the original and marked as a true copy, with their name, signature, title and the date.

In OntarioAn Ontario notary public can certify a true copy (Notaries Act, s. 3) and must be physically present to do it, so a certified copy cannot be done online. The Commissioners for Taking Affidavits Act does not itself let a commissioner certify copies.

Codicil

A separate, later document that changes or adds to an existing will without replacing all of it.

In OntarioIt counts as a will under the Succession Law Reform Act (s. 1), so the same signing rules apply.

Commission

Also: commissioning, commissioned, commissioned document

To take someone's oath, affirmation or declaration and sign the jurat. A commissioned document has been sworn or declared before a commissioner or notary, which is a different act from a notary witnessing a signature or certifying a copy.

In OntarioThis is the act that can happen over video, under O. Reg. 431/20. Official Documents Services does not process commissioned documents, so they cannot be apostilled.

Commissioner for taking affidavits

Also: commissioner of oaths, commissioner for oaths, commissioner

A person authorized to take affidavits and declarations and to administer oaths and affirmations. In everyday speech, a commissioner of oaths.

In OntarioUnder the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17, lawyers, licensed paralegals, justices of the peace and some other office holders are commissioners automatically (O. Reg. 386/12). The Attorney General appoints others.

Common-law declaration

Also: Statutory Declaration of Common-Law Union, IMM 5409, common-law union

A statutory declaration in which two partners state they live in a common-law relationship. The federal immigration department defines a common-law partner as someone living with you in a conjugal relationship for at least one year, and its form for this is the IMM 5409.

A signed letter giving a child permission to cross an international border without one or both parents or others with decision-making responsibility. The Government of Canada says it is not legally required in Canada but recommends one, because border officials and airline agents may ask for it.

In OntarioAny adult may witness the letter, and the Government of Canada strongly recommends a notary public. A letter written as a statutory declaration can instead be commissioned by video under O. Reg. 431/20.

Continuing power of attorney

Also: continuing POA, continuing power of attorney for property, enduring power of attorney

A power of attorney for property that can still be used if you become mentally incapable of managing your property.

In OntarioIt must say it is continuing or show that intent, and it is signed in front of two witnesses. Some people cannot be witnesses, including your attorney, your spouse or partner and your child (Substitute Decisions Act, ss. 7, 10).

D

Declarant

The person who makes a declaration, such as a statutory declaration. It is the declaration's version of a deponent.

Deponent

Also: affiant, person swearing

The person who swears or affirms an affidavit and signs it.

In OntarioThe deponent must give proof of identity, and a commissioner cannot take their own affidavit or declaration.

E

Electronic signature

Also: e-signature, esignature, digital signature

Electronic information you create or adopt to sign a document, and that is in, attached to or associated with it. A signature drawn on a screen is one example.

In OntarioThe Electronic Commerce Act, 2000 lets one meet a legal requirement to sign (s. 11), but the Act does not apply to wills, codicils or powers of attorney for financial affairs or personal care (s. 31).

Estate

Everything a person leaves behind when they die: belongings, real estate and other assets, and debts.

In OntarioOnly an estate trustee has the legal authority to manage or distribute an estate.

Estate Administration Tax

Also: probate fees, probate tax

The Ontario tax charged on the value of an estate when an estate certificate is issued. People often call it probate fees.

In OntarioNo tax is payable on an estate valued at $50,000 or less. Above that it is $15 for every $1,000, or part of $1,000, over the first $50,000.

Estate trustee

Also: executor, executrix, administrator of an estate

The person with legal authority to manage and distribute an estate. A will often calls this person the executor.

In OntarioA will usually names the estate trustee. With no will, the deceased's spouse or common-law partner usually has the first right to apply, then a close adult relative.

Exhibit

Also: exhibit A, attachment to an affidavit

A document attached to an affidavit and referred to in it, such as a letter, a contract or a photo.

In OntarioUnder r. 4.06(3) of the Rules of Civil Procedure, the person taking the affidavit must mark the exhibit as an exhibit.

Exhibit stamp

Also: exhibit cover page, exhibit sheet, exhibit marking

The wording that marks a document as an exhibit, usually "This is exhibit A referred to in the affidavit of…", signed by the commissioner.

In OntarioThe Ministry of the Attorney General says it commonly goes on the first page of the exhibit or on a cover page placed before it. Many commissioners also initial each page.

F

Family gift sworn statement

Also: Sworn Statement for a Family Gift of a Used Motor Vehicle, gift a vehicle to family, used vehicle sworn statement

The Ontario form you swear to give a used vehicle to an eligible family member without paying retail sales tax.

In OntarioA commissioner of oaths commissions it and may charge a fee, then you bring it to a ServiceOntario centre in person. Vehicle registration fees still apply.

G

Guarantor

Also: passport guarantor

A person who confirms your identity on a Canadian passport application, needed for a first passport or when you cannot renew. In Canada it can be anyone who meets the requirements, family included; those include being 18 or older, a Canadian citizen, known to you for at least 2 years, and holding a 5- or 10-year Canadian passport that is valid or expired for less than a year. They sign the form, certify one photo and cannot charge you.

H

Hague Apostille Convention

Also: apostille convention, Hague Convention, Hague signatory

The treaty that lets member countries accept public documents from each other with a single apostille, in place of legalization. Canada joined on January 11, 2024.

Holograph will

Also: handwritten will, Form 74F

A will written entirely in the person's own handwriting and signed by them, with no witnesses.

In OntarioIt is valid under s. 6 of the Succession Law Reform Act. At probate it uses Form 74F rather than an affidavit of execution.

I

Identity verification

Also: ID check, proof of identity, government photo ID

The check that the person signing or swearing is who they say they are.

In OntarioA commissioner taking an oath remotely must confirm the person's identity (O. Reg. 431/20, s. 1). Ontario lists reviewing valid government-issued photo ID among a notary's duties.

Interpreter

Also: interpreter's oath

A person who interprets for a deponent who does not understand the language of the document. The interpreter takes an oath of their own to interpret faithfully.

Invitation letter

Also: letter of invitation, super visa invitation letter, visitor visa letter

A letter from someone in Canada supporting a visitor's visa application, with details about both of you. It does not guarantee a visa, and writing it does not make you legally responsible for the visitor. The federal immigration department's page on these letters does not mention a notary, so ask whoever requested the letter if a notary is needed.

J

Jurat

Also: sworn before me, declared before me

The certificate, usually at the foot of an affidavit or declaration, where the commissioner records where and when it was sworn, affirmed or declared, and signs.

In OntarioSigning it is the last step, after the commissioner is satisfied the signature is genuine and has administered the oath or declaration (Commissioners for Taking Affidavits Act, s. 9). Signing without that is an offence (s. 10).

Justice of the peace

Also: JP

A judicial officer in Ontario's courts, and one of the people who can take a sworn statement.

In OntarioEvery justice of the peace is a commissioner for taking affidavits by virtue of office (O. Reg. 386/12). That does not make them a notary, because there are no notaries by virtue of office.

L

Law Society of Ontario

Also: LSO

The regulator of lawyers and licensed paralegals in Ontario.

In OntarioYou can file a complaint with it about a notary who is a lawyer or paralegal. It has told licensees that the Notaries Act does not let a notary use their powers without being physically present.

Legalization

Also: legalisation, embassy legalization, consular legalization

An extra step where the consulate or embassy of the destination country adds its own confirmation to a document that has already been authenticated.

In OntarioDocuments going to a Hague signatory country may no longer need it. Ontario tells you to confirm with the consulate, embassy or end recipient, who may still ask for more.

Lost-document declaration

Also: declaration of loss, lost document affidavit, lost passport declaration, stolen document

A sworn or declared statement explaining that a document was lost, stolen or destroyed, and how. The organization replacing the document decides whether it will take one. For a lost Canadian passport the federal government has its own process and may investigate before issuing a replacement.

M

Mobile notary

Also: travelling notary, notary who comes to you, home visit notary

A notary public who comes to you, at home, in hospital or at work, instead of you going to an office. Because the notary is physically there, they can do what needs presence: witnessing a signature or certifying a copy.

N

Name-change declaration

Also: change of name statutory declaration, legal name change

The statutory declaration you sign as part of an application to legally change your name in Ontario.

In OntarioYou sign it in front of a commissioner of oaths, such as a lawyer, a licensed paralegal or a notary public. You must be 16 or older to apply, and even an application started online is printed and sent in on paper.

Notarial certificate

Also: notarial act, notarial wording

A notary's signed and sealed statement, on or attached to a document, recording what the notary did: for example, that they watched a signature being made or compared a copy with its original.

In OntarioIt rests on the notary's powers in s. 3 of the Notaries Act.

Notarize

Also: notarized, notarization, notarise

To have a notary public use their powers on a document, such as witnessing a signature or certifying a copy, then adding their signature and seal.

In OntarioAn Ontario notary must be physically present with the person, and a document notarized remotely will not be authenticated or apostilled. What can be done over video is commissioning.

Notary public

Also: notary

A person appointed to witness or certify the signing of documents and to certify true copies. A notary public also has all the powers of a commissioner for taking affidavits.

In OntarioAppointed under the Notaries Act, R.S.O. 1990, c. N.6. Lawyers and paralegals must still apply, and a notary who is neither is limited to documents tied to their job or organization, for a 10-year term.

O

Oath

Also: swear, sworn, swearing

A solemn promise that what you say or sign is true, made before someone authorized to take it. You can swear with or without a religious text.

In OntarioOntario's Evidence Act has it taken in the way you say binds your conscience. A false statement under oath can be perjury.

Official Documents Services

Also: ODS

The Ontario government office that issues apostilles and certificates of authentication.

In OntarioIt checks the signature and seal on a document against its records. It does not process commissioned documents, and documents issued outside Canada are generally not eligible.

Online notary

Also: virtual notary, remote notary, e-notary, notary by video

What people often search for when they want a document handled over video instead of at an office.

In OntarioWhat can be done over video is commissioning: swearing or declaring a document before a commissioner or notary under O. Reg. 431/20. A notary's own powers, witnessing a signature or certifying a copy, need the notary physically present.

P

Paralegal

Also: licensed paralegal

A person licensed by the Law Society of Ontario to provide legal services.

In OntarioEvery licensed paralegal is automatically a commissioner for taking affidavits. To become a notary public, a paralegal still has to apply.

Perjury

Also: false affidavit, false declaration, lying under oath

Knowingly making a false statement under oath or solemn affirmation, intending to mislead, including in an affidavit or solemn declaration. Under the Criminal Code it carries up to 14 years in prison (ss. 131, 132).

Power of attorney

Also: POA

A legal document that gives someone you trust the right to make financial or health care decisions for you. Ontario has two types: one for property and one for personal care.

In OntarioYou must be mentally capable, and at least 18 for property or 16 for personal care. An attorney for property can start acting immediately unless you state otherwise.

Power of attorney for personal care

Also: POA for personal care, health care power of attorney

A written document naming someone to make personal decisions for you, such as health care, housing, meals and clothing.

In OntarioIt is signed in front of two witnesses, and the people barred from witnessing a continuing power of attorney are barred here too (Substitute Decisions Act, s. 48).

Probate

Also: probating a will, grant of probate

The court procedure that gives a person authority to act as estate trustee, or confirms the authority of the person named in the will, and formally approves the will as the deceased's valid last will.

In OntarioIt is not always required. If the deceased owned real property or assets held by a financial institution, the estate normally must be probated.

R

Reference

Also: passport reference

A person you list on a Canadian passport application who can be contacted to confirm your identity. A passport application needs two, each 18 or older and known to you for at least 2 years.

Remote commissioning

Also: commissioning by video, video commissioning, O. Reg. 431/20, swearing by video

Swearing or declaring a document before a commissioner or notary over a live video call, when you are not in the same room.

In OntarioO. Reg. 431/20 allows it if everyone can see, hear and talk in real time throughout, the commissioner confirms your identity and takes reasonable precautions, the jurat is modified, and the stamp information appears on the document. The commissioner keeps a record, and no receiver is obliged to accept the result, so ask first.

S

Seal

Also: notarial seal, embossed seal, notary stamp

The raised, embossed mark a notary public presses into a document beside their signature. It shows the notary's name and the words Notary Public and Ontario.

In OntarioA notary who is not a lawyer or paralegal must also use a stamp. An oath, affidavit or declaration does not need the seal to be valid (Notaries Act, s. 3(4)).

Single-status declaration

Also: single status affidavit, marital-status declaration, declaration of marital status, statement of single status, affidavit of no marriage

A sworn statement that you are not currently married, often asked for by a foreign authority before a marriage abroad.

In OntarioIt can be commissioned by video where the receiver accepts that. If an apostille must follow, use a notary public in person, because Official Documents Services does not process commissioned documents.

Small Claims Court

Also: small claims, Form 15B

The Ontario court that hears claims of up to $50,000 (O. Reg. 626/00).

In OntarioSome of its forms must be sworn, including Form 8A (affidavit of service) and Form 15B (affidavit).

Small Estate Certificate

Also: small estate, simplified probate

The court certificate from the optional, simplified probate process for an estate valued at $150,000 or less.

Solemn declaration

Also: solemnly declare

A statement made in set words: you solemnly declare the facts, believe them to be true, and know the declaration has the same effect as if made under oath.

In OntarioThe wording is set by s. 43 of Ontario's Evidence Act, with a matching federal form in s. 41 of the Canada Evidence Act.

Stamp

Also: commissioner's stamp, commissioner stamp

The imprint under a commissioner's signature that gives their name and any limits on their appointment.

In OntarioAn appointed commissioner must use one, while one who holds the power by virtue of office does not have to. On a document commissioned remotely, either the imprint or the same information must appear.

Statutory declaration

Also: stat dec, stat declaration, declaration

A written statement of facts that you solemnly declare to be true before a commissioner or notary, without swearing an oath. It has the same force as if made under oath.

In OntarioIt uses the wording in s. 43 of the Evidence Act. It can be commissioned by video under O. Reg. 431/20, though nothing obliges the receiver to accept a remote one.

Statutory declaration in lieu of guarantor

Also: PPTC 132, no guarantor passport, declaration in lieu of guarantor

The form you use for a Canadian passport when you cannot find a guarantor. It is not available online, so you contact the passport program to get it. In Canada you then swear it before a notary public, justice of the peace or commissioner for oaths, who does not need to know you.

T

Testator

Also: testatrix, person making a will

The person who makes a will.

In OntarioThe testator signs at the end of the will, or someone else signs for them in their presence and at their direction (Succession Law Reform Act, s. 4).

Timestamp

Also: trusted timestamp, time-stamp, sealed PDF

A record from an independent service showing that a file existed in a particular form at a particular time. Minute Notary seals each completed document with a digital signature and an independent trusted timestamp, so any later change to the file can be detected.

Translator's affidavit

Also: affidavit of translation, translation affidavit, translator declaration

A sworn statement that a translation accurately reflects the original document. The federal immigration department notes affidavits are often used for this.

In OntarioOntario's name-change process accepts a professional translator's written declaration unsworn, but a non-professional's must be sworn before a commissioner.

U

Used vehicle information package

Also: UVIP

An Ontario package on a vehicle: its details, registration history, odometer readings, liens, the value used for retail sales tax, and a bill of sale section.

In OntarioA seller must give one to the buyer under the Highway Traffic Act.

V

Video jurat

Also: modified jurat, remote jurat, video-conference jurat

The version of a jurat used when an oath or declaration is taken over video.

In OntarioIt must say the act was done under O. Reg. 431/20 and state where the commissioner and the person swearing were at the time.

W

Will

Also: last will and testament, testament

A written document saying what happens to your property after you die and who looks after it.

In OntarioIt is normally signed at its end in front of two witnesses present at the same time, who also sign; witnessing by video needs a Law Society licensee as one of them (Succession Law Reform Act, s. 4). A witness who is left a gift, or whose spouse is, can lose that gift (s. 12).

Witness

Also: witnessing a signature, signature witness

A person who watches a document being signed and signs to confirm it. A witness confirms the signing, not the truth of what the document says.

In OntarioThe rules depend on the document: two witnesses for a will or a power of attorney, any adult for a consent letter. When a notary public witnesses a signature, the notary must be physically present.

General information, not legal advice. Checked against the official pages linked above on November 5, 2026. For a question about your own situation, talk to a lawyer or paralegal.

Which one do I need?

Start from what you are being asked to do.

State that something is true

You need an affidavit or a statutory declaration. A commissioner or notary takes it, and it can be commissioned by video.

Prove a copy or a signature

You need a notary public in person, for a certified true copy or a witnessed signature. A mobile notary can come to you.

Use it outside Canada

Ask the receiver first. Many want an apostille, and that needs a notary public in person, not a commissioned document.

See every service and what it covers, or start a booking and pick your document from the list.

Ready when you are

Know what you need? Book it.

Affidavits and statutory declarations can be commissioned on a short video call from anywhere in Canada. From $24.95 per seal, plus HST.