Commissioners for Taking Affidavits Act — context
How commissioning and notarization work in Ontario, in plain language. General information only, not legal advice.
Who can commission and notarize
In Ontario, a Commissioner for Taking Affidavits can administer oaths, affirmations and declarations for documents used within the province. A Notary Public has those powers and can also witness signatures, certify true copies, and issue notarial certificates, including for documents used outside Ontario. Authority comes from the Commissioners for Taking Affidavits Act and related legislation.
Remote (video) commissioning
Ontario permits many documents to be commissioned over a live two-way audio-visual connection, subject to requirements around identity verification, the commissioner and deponent being able to see and hear each other in real time, and confirming the document. Whether remote commissioning is available for a particular document depends on the document and the party who will receive it.
Identity & the oath
You must show valid government-issued photo identification, and the commissioner must administer the oath or affirmation and complete the jurat. Documents that require a witnessed or sworn signature must be signed in the commissioner's presence — not beforehand.
Documents for use abroad
Documents used in another country often need authentication and, for Hague Apostille Convention countries, an apostille after notarization. Canada joined the Convention in 2024; the notary notarizes the document and the designated government authority issues the apostille.
What a commissioner cannot do
A commissioner or notary confirms the oath, signature or copy — they do not vouch for the truth of a document's contents and, unless separately retained as your lawyer, do not provide legal advice or draft your position. They must decline where identity, understanding or free will cannot be confirmed.
Record-keeping
Commissioners and notaries keep records of the documents they commission, and remote sessions may require a retained audio-visual record. Records are held in line with applicable Ontario requirements and professional obligations.
Fees
Fees for commissioning and notarization are set by the provider and shown with 13% Ontario HST before you proceed. Fees on this demonstration site are placeholders.
This page summarizes general concepts for a demonstration site and is not legal advice, and does not create a solicitor-client relationship. For advice about your document, consult a licensed Ontario lawyer or paralegal.