For Ontario documents
Notary or commissioner?
In Ontario, a commissioner for taking affidavits takes oaths, affidavits and statutory declarations. A notary public can do all of that, and can also witness and attest a signature and certify a true copy of a document.
See every answerQuestion 1 of 4
What do you need done?
Four taps. No sign-up.
What each one can do, by the section that says so.
| The act | Commissioner | Notary public |
|---|---|---|
| Takes an affidavit or a statutory declaration | CommissionerYesCommissioners for Taking Affidavits Act, ss. 6 and 7 | Notary publicYesNotaries Act, s. 3(1)(c) |
| Takes the oath by video | CommissionerYesO. Reg. 431/20, s. 1, with a modified jurat | Notary publicYesCommissioners for Taking Affidavits Act, s. 9(2). It is still a commission. |
| Witnesses and attests a signature | CommissionerNoNot a power in the Act | Notary publicYesNotaries Act, s. 3(1)(a), in person |
| Certifies a true copy | CommissionerNoThe Ministry guide: the Act does not itself authorize it | Notary publicYesNotaries Act, s. 3(1)(b), in person |
| Signs a document Ontario can authenticate for use abroad | CommissionerNoListed as not eligible by Official Documents Services | Notary publicYesOfficial Documents Services checks the signature and seal |
| Who holds the title | CommissionerBy office or appointmentLawyers and paralegals by office (O. Reg. 386/12); others appointed (s. 4) | Notary publicBy appointmentAppointed by the Attorney General (Notaries Act, s. 1) |
The whole decision table
Every answer the quiz can give.
The first line of each row is the situation. Find yours and read across.
A commissioner is enough.
An oath or declaration staying in Ontario, or going to a federal program.
You are swearing or affirming a statement for use in Ontario, and nobody asked for a notary.
A commissioner for taking affidavits can take your oath or declaration. A notary public has the same power, so either works in law. Take the commissioner route: it can be done by video with no travel fee, which usually makes it the cheaper one.
- What it is called
- Commissioning an affidavit or statutory declaration. The commissioner completes the jurat.
- How it is done
- By video or in person. By video it is a commission under O. Reg. 431/20: the jurat says so and states where each of you was. Ask the receiving office first, because the regulation does not oblige anyone to accept it.
- What to bring
- The document, filled in but not signed. Government photo ID. Any exhibits the statement refers to. For video, a device with a camera and a microphone.
You are swearing or declaring for a federal program such as IRCC or the Passport Program, in Canada, and nobody asked for a notary.
Section 41 of the Canada Evidence Act lets a notary public or a commissioner authorized to take affidavits receive a solemn declaration, and the Passport Program lists a commissioner for oaths among the people who can swear its declaration in lieu of a guarantor. Either works in law. Take the commissioner route: it usually costs less.
- What it is called
- Commissioning a statutory declaration or affidavit.
- How it is done
- By video or in person. By video it is a commission under O. Reg. 431/20: the jurat says so and states where each of you was. Ask the receiving office first, because the regulation does not oblige anyone to accept it.
- What to bring
- The document, filled in but not signed. Government photo ID. Any exhibits the statement refers to. For video, a device with a camera and a microphone.
You need a notary public.
Copies, attested signatures, and anything leaving the province or the country.
You need a copy certified as a true copy.
Certifying a true copy is a notary public’s power under the Notaries Act. The Ministry’s guide says the Commissioners for Taking Affidavits Act does not itself authorize commissioners to do it. If the copy is leaving Canada, it may also need an apostille or a certificate of authentication from Ontario’s Official Documents Services.
- What it is called
- Certifying and attesting a true copy, often called a notarial copy.
- How it is done
- In person, on a mobile visit. Ontario allows an oath by video, but no regulation does the same for a notary witnessing a signature or certifying a copy.
- What to bring
- The original document, not a photocopy. Government photo ID.
You need a copy certified for a federal program, and nobody asked for a notary.
IRCC’s glossary lists a notary public or a commissioner as examples of who can certify a copy, and tells you to check who can in your province. In Ontario the Notaries Act gives the power to a notary, and the Ministry’s guide says the Commissioners for Taking Affidavits Act does not itself give it to a commissioner. A notary holds up on both sides.
- What it is called
- Certifying and attesting a true copy, often called a notarial copy.
- How it is done
- In person, on a mobile visit. Ontario allows an oath by video, but no regulation does the same for a notary witnessing a signature or certifying a copy.
- What to bring
- The original document, not a photocopy. Government photo ID.
You need a signature witnessed or a document signed, and either the receiving party asked for a notary or the document is leaving Canada.
Witnessing and attesting the signing of a document is a notary public’s power under the Notaries Act. A commissioner takes oaths and declarations; that Act gives a commissioner no power to attest a signature. If the document is leaving Canada, it may also need an apostille or a certificate of authentication, and Ontario checks the notary’s signature and seal to issue one.
- What it is called
- Witnessing and attesting a signature, often called a notarial certificate.
- How it is done
- In person, on a mobile visit. Ontario allows an oath by video, but no regulation does the same for a notary witnessing a signature or certifying a copy.
- What to bring
- The document, not signed yet. Government photo ID. What the receiving office asked for, if it is in writing.
You are swearing or affirming a statement that will be used outside Canada, or a foreign authority, consulate or embassy asked for it.
Ontario lists a document commissioned by a commissioner for taking affidavits among those that cannot be authenticated, so it cannot get an apostille or a certificate of authentication. What Ontario checks is the signature and seal of a notary public. Use a notary so the document can travel.
- What it is called
- Swearing before a notary public, who signs and seals the document.
- How it is done
- In person, on a mobile visit. A video appointment is a commission under O. Reg. 431/20, not a notarial certificate, so plan on signing in front of the notary.
- What to bring
- The document, filled in but not signed. Government photo ID. What the foreign office asked for, if it is in writing.
You are swearing or affirming a statement for use in another province or territory, not for a federal program.
Ontario’s Act writes a commissioner’s powers around Ontario: Ontario courts and Acts in force in Ontario. The province receiving your document decides whose signature it accepts, so ask that office. Until it says otherwise, use a notary public, who has a commissioner’s powers as well. If it confirms a commissioner is fine, the commissioner route is enough and usually costs less.
- What it is called
- Swearing before a notary public.
- How it is done
- A notary can take the oath by video under O. Reg. 431/20, and it is then a commission, not a notarial certificate. Ask the receiving office whether it accepts that. If it does not, book in person.
- What to bring
- The document, filled in but not signed. Government photo ID. Any exhibits the statement refers to. For video, a device with a camera and a microphone.
You are swearing or affirming a statement, and the receiving party asked for a notary by name.
Give them what they asked for. A notary public has every power a commissioner has, so a notary’s signature answers both. If you think they only want an oath, ask them: a commissioner may be enough, and that route usually costs less.
- What it is called
- Swearing before a notary public.
- How it is done
- A notary can take the oath by video under O. Reg. 431/20, and it is then a commission, not a notarial certificate. Ask the receiving office whether it accepts that. If it does not, book in person.
- What to bring
- The document, filled in but not signed. Government photo ID. Any exhibits the statement refers to. For video, a device with a camera and a microphone.
- Next
- About affidavits
You need neither.
Documents the law gives to witnesses or to a lawyer.
You need a signature witnessed, in Canada, and nobody asked for a notary.
Read the form. If it asks only for "a witness", it usually says who qualifies, and that is rarely an office. A commissioner would not help: commissioners take oaths and declarations, they do not attest signatures. If the form or the receiving party wants a notary, start again and answer yes to that question.
- What it is called
- Witnessing a signature, which is not an official act unless the form makes it one.
- How it is done
- No notary or commissioner appointment is needed.
You have a will or a power of attorney for use in Canada, and nobody asked for a notary.
Ontario asks for two witnesses, not an official. A will is signed in front of two witnesses present at the same time, who then sign it. A continuing power of attorney or a power of attorney for personal care is signed in front of two witnesses, and the Act lists who cannot be one. A lawyer is the right person if you need either drafted.
- What it is called
- Executing a will or a power of attorney before witnesses.
- How it is done
- No notary or commissioner appointment is needed.
You have a deed, transfer or mortgage for land, and nobody asked for a notary.
You need a real estate lawyer. A transfer of Ontario land is registered electronically and carries statements from the solicitors involved, which a notary’s stamp cannot replace. If your lawyer asks you to sign something in front of a notary, start again and answer yes to that question.
- What it is called
- Registering a land document, through a lawyer.
- How it is done
- No notary or commissioner appointment is needed.
You have a contract or another agreement, and nobody asked for a notary.
A notary’s or a commissioner’s signature does not make an agreement valid or enforceable, and neither of them can give you legal advice. If you need it drafted or reviewed, see a lawyer or a paralegal. One rule to know: a domestic contract, such as a marriage contract or a separation agreement, must be in writing, signed by the parties and witnessed.
- What it is called
- Signing an agreement, with no notarial act.
- How it is done
- No notary or commissioner appointment is needed.
Your document is none of the above, and nobody asked for a notary.
Nothing you told us calls for either. If someone asked you for a stamp, ask them which of three things they want: an oath, a witnessed signature or a certified copy. Those are the acts these two offices perform. Then start again with that answer.
- What it is called
- No notarial act.
- How it is done
- No notary or commissioner appointment is needed.
The questions people ask before they book.
- What is the difference between a notary public and a commissioner for taking affidavits in Ontario?
- In Ontario, a commissioner for taking affidavits takes oaths, affidavits and statutory declarations. A notary public can do all of that, and can also witness and attest a signature and certify a true copy of a document. Every notary public can act as a commissioner under section 3 of the Notaries Act. A commissioner cannot act as a notary.
- Can a commissioner certify a true copy of a document?
- Not under the Commissioners for Taking Affidavits Act. The Ministry of the Attorney General says that Act does not itself authorize commissioners to certify true copies, and that a commissioner who plans to should speak with a lawyer first. The Notaries Act gives the power to a notary public. Some federal programs list commissioners too: IRCC gives them as an example and tells you to check who can certify in your province.
- Is a lawyer or a paralegal automatically a commissioner?
- Yes. Under O. Reg. 386/12, people licensed by the Law Society of Ontario to practise law or provide legal services are commissioners by virtue of office. Being a notary public is separate: a lawyer or paralegal is appointed to it under the Notaries Act.
- Can any of this be done by video?
- An oath or declaration can. Under O. Reg. 431/20, a commissioner or notary can administer it over live audio and video, confirm your identity, and complete a modified jurat that names the regulation and states where each of you was. That appointment is a commission. No regulation allows the same for witnessing a signature or certifying a copy, so those are in person. Nothing obliges a receiving organization to accept a remotely commissioned document, so ask them first.
- My document is going to another country. Which one do I need?
- A notary public. Ontario’s Official Documents Services lists documents commissioned by a commissioner for taking affidavits among those that cannot be authenticated, so they cannot get an apostille or a certificate of authentication. It works from the signature and seal of a notary public. Ask the embassy, consulate or receiving office what else it wants.
- Does a notary or a commissioner check that my document is true?
- No. They confirm who you are, satisfy themselves that the signature is genuine, and administer the oath or witness the signing. You answer for what the document says, and neither of them gives legal advice unless they are also your lawyer or paralegal.
What this page is based on
We read these official texts for this page, at the e-Laws currency date of November 2, 2026. General information, not legal advice: if your case turns on it, ask a lawyer or a licensed paralegal.
- Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 (opens in a new tab)
- Notaries Act, R.S.O. 1990, c. N.6 (opens in a new tab)
- O. Reg. 431/20, Administering Oath or Declaration Remotely (opens in a new tab)
- O. Reg. 386/12, Commissioners and Other Persons Who May Take Affidavits (opens in a new tab)
- R.R.O. 1990, Reg. 831 under the Notaries Act (opens in a new tab)
- Ministry of the Attorney General, guide for commissioners (opens in a new tab)
- Ontario, authenticate a document for use outside Canada (opens in a new tab)
- Canada Evidence Act, s. 41 (opens in a new tab)
- IRCC glossary, certified photocopy (opens in a new tab)
- Canada.ca, references and guarantors for passports (opens in a new tab)
- Succession Law Reform Act, R.S.O. 1990, c. S.26, s. 4 (opens in a new tab)
- Substitute Decisions Act, 1992, ss. 10 and 48 (opens in a new tab)
- Family Law Act, R.S.O. 1990, c. F.3, s. 55 (opens in a new tab)
- O. Reg. 19/99, Electronic Registration, s. 5 (opens in a new tab)
Know which one you need?
We are both, so you only book once.
Every appointment is with a notary public who is also a commissioner: by video for an affidavit or declaration, on a mobile visit for the rest. From $24.95 per seal, plus HST.