Commissioning is the act of administering an oath, affirmation, or declaration and certifying that the person signing a document:

​

• appears personally or via video chat before the commissioner;

• was properly identified and confirmed using official government-issued ID;

• swore or affirmed that the contents of the document are true to the best of their knowledge; and

• signed the document in the commissioner’s personal or video presence;

 

A commissioned document is typically an affidavit, statutory declaration, or sworn statement used within Canada, especially in legal proceedings or dealings with government bodies.

​

***The commissioner does not verify the truth of the contents, only that the oath or declaration was taken properly.***

​

Under Ontario law, the following persons may act as Commissioners for Taking Oaths:

​

• Lawyers and paralegals licensed by the Law Society of Ontario (LSO) are automatically approved;

• Appointed Notary Publics;

• Commissioners appointed by the Ministry of the Attorney General;

• Municipal clerks and certain government officials;

• Other persons appointed under the Commissioners for Taking Affidavits Act.

​

Common Examples of Documents That May Require Commissioning:​

​​

• Affidavits for:

  • Small Claims Court;

  • Superior Court of Justice;

  • Landlord and Tenant Board (LTB);

  • Human Rights Tribunal of Ontario;

• Statutory Declarations;

• Sworn statements (ie. insurance claims);

• OSAP affidavits;

• Canadian name change or marital status declarations;

• Affidavits of service;

• Certified true copies (often required for Apostille and eApostille services);

 

***Some commissioners are limited to documents related to their office or employment.***

 

Notorization

 

Notarization is a broader function performed by an official Notary Public, and may include:

​

• witnessing and certifying signatures;

• verifying and certifying that a copy of a document is a true copy of the original: "certified true copy", which is often required for Apostille and eApostille Services, for instance;

• confirming the identity of the signer; and

• in some cases, administering oaths or affirmations;

 

Notarization is often required when documents are:

​

• banking and/or financial in nature;

• intended to be submitted to foreign governments, embassies, and/or consulates; or

• relied upon by institutions requiring a higher level of formal authentication;

• a certified true copy is necessary;

​

Common Examples of Notarized Documents:

 

These documents often require notarization, especially when used internationally:

​

• Certified true copies of:

  • Passports;

  • Birth certificates;

  • Marriage certificates;

  • Degrees or diplomas;

  • Documents for Apostille;

• Letters of invitation for foreign visitors;

• Travel consent letters for children;

• Foreign property or inheritance documents;

• Powers of Attorney for Canada and/or for use abroad (Apostille);

• Documents for foreign courts, embassies, or consulates;

 

***A notarized document to be used outside Canada may also require an apostille, depending on the destination country.***

​

Practical Tip

If a document is:

​

• being filed with an Ontario Court or Tribunal, it almost always requires commissioning;

• being sent outside Canada, it often requires notarization (and in most cases, apostille);

 

Be sure to read the document carefully, as it will often say whether it requires commissioning or notarization.  When in doubt, check the receiving authority’s requirements, as they control what level of certification is acceptable.

 

**This document is for general informational purposes and does not constitute legal advice.**

​