A commissioner for taking affidavits may swear affidavits and administer other legal oaths, affirmations or declarations. A notary public has all the powers of a commissioner for taking affidavits, plus the ability to verify that signatures, marks and copies of documents are true or genuine. Below are some guidelines to help you determine who to see.

A commissioner for taking affidavits:

  • can administer oaths
  • take affirmations
  • take declarations
  • cannot certify true copies of documents
  • cannot give legal advice
  • is not a lawyer
  • is appointed by the Ministry of the Attorney General
  • must renew the appointment every 3 years

A notary public:

  • can administer oaths
  • take affirmations
  • take declarations
  • certify documents as true copies
  • can be a lawyer
  • can give legal advice if also acting as a lawyer
  • is appointed by the Ministry of the Attorney General
  • has a lifetime appointment

If your document states it can be sworn by a commissioner for taking affidavits, you can take it to either a notary public or a commissioner for taking affidavits.

If your document states it must be sworn by a notary public, and does not include “commissioner for taking affidavits” or “commissioner of oaths” as an option, you should take it to a notary public.

Most Ontario lawyers are notaries public; therefore, taking your document to a lawyer usually fulfills all requirements.

This blog is not intended to serve as a comprehensive treatment of the topic. It is not meant to be legal advice. Every case turns on its specific facts and it would be a mistake for the reader of this blog to conclude how it might impact on the reader’s case. Nothing replaces retaining a qualified, competent lawyer, well versed in this niche area of practice and getting some good legal advice.