A Notary Public is appointed under the Notaries Act R.S.O. 1990, c. N.6, and by virtue of his or her office, can verify that signatures, marks and copies of documents are true or genuine. This is the Ontario legislation from which all registered Notaries Public derive their powers. A Notary Public can also administer oaths or affirmations for the purposes affidavits and declarations.

The most commonly provided service by a Notary Public is certifying true copies of original documents. This service would be needed when, for instance, you may be required to produce your birth certificate, university or college degree, your passport or marriage certificate for an application or for any other purpose. You would be well advised to not provide anyone with the original document. To avoid having to provide any original documents, you can have the original document certified as a true copy of the original. This can be done by attending at a Notary Public’s office with the original document. The Notary Public will make a copy of the original document and certify the copy to be a true copy of the original by sealing, signing and stamping same. You would then provide the person or party requesting the document with the certified true copy provided to you by the Notary Public. In this manner, you would be able to keep the original with you. Any party receiving an authenticated certified true copy of a document, which is properly sealed, signed and stamped by a Notary Public, will likely be satisfied that this is a true copy of the original.

Verifying a signature is another common service that a Notary Public provides to clients. An example where the services of a Notary Public may be required for verifying a signature is when you make an application to a government body or ministry for a licence. The respective body may want to ensure that it is in fact the applicant who is signing the document or application and that they have sworn or affirmed the truth of the contents of the application. In such a case, you will need to attend before a Notary Public who will administer an oath and witness you sign the document or application and authenticate with your identification that you are the person who signed the document as named therein.

A Commissioner for Taking Affidavits is a person who can legally administer an oath, affirmation or declaration in accordance with the provisions of the Commissioners for Taking Affidavits Act R.S.O. 1990, c. C.17. Specifically, pursuant to subsection 1(1) of the Ontario Regulation (O. Reg. 386/12) made under said act, a lawyer who is licenced under the Law Society Act, R.S.O. 1990, c. L.8, to practice law in Ontario is, by virtue of his or her office, a Commissioner for Taking Affidavits.

A Commissioner for Taking Affidavits is also sometimes known as a ‘Commissioner of Oaths’ or simply a ‘Commissioner’.

You will require the services of a Commissioner for Taking Affidavits if, for instance, you want to swear or affirm an affidavit or make a statutory declaration.

The Commissioner for Taking Affidavits will affirm or administer an oath. Once the oath is administered, and you provide the appropriate response which satisfies the Commissioner, you will sign the document before the Commissioner who will then sign and stamp the document immediately thereafter.

A document commissioned by a Commissioner is deemed to be a sworn statement which may be relied upon by the recipient.