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Authority & scope

Commissioner vs notary authority: staying within scope

The two roles are not interchangeable. Acting outside your authority is the avoidable error.

Mon, Sep 14, 2026

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A thoughtful approachA clearer way to work together.

Two different offices

A commissioner for taking affidavits can administer oaths, affirmations and declarations — the sworn-statement side. A notary public has broader authority, including witnessing and executing certain documents, certifying true copies, and issuing notarial certificates often used abroad. The authorities come from different statutes.

Where people go wrong

The common error is treating a commissioner's authority as if it included notarial acts. Certifying a copy as a true copy, or issuing a notarial certificate for a foreign authority, is a notarial act — not something a commissioner-only appointment covers. Know which office you hold for the act in front of you.

Ontario lawyers and paralegals

Every practising Ontario lawyer is a commissioner for taking affidavits by virtue of office, and lawyers are commonly appointed as notaries public. Licensed paralegals' authority is narrower and defined by their licence. Confirm your own current authority rather than assuming it from your title.

When to decline or refer

If a document needs an act you are not authorized to perform, or needs legal advice rather than commissioning, decline that part and refer. Doing the act anyway, or blurring commissioning into advice, is where complaints start.

Practice information, not a substitute for your own judgment.

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This page is general information, not legal advice. Acceptance of any document is always the receiving organization's decision. Prices shown exclude applicable tax unless stated.