Key takeaways
- A commissioner of oaths can administer oaths and take affidavits and statutory declarations.
- A notary public can do that and also certify true copies and authenticate documents for wider, often international, use.
- A lawyer can do all of the above and also give you legal advice about your situation.
- If you need someone to tell you what a document means for you, you likely need a lawyer, not just a notary.
One of the most common questions we hear is some version of: “I just need this notarized, do I really need a lawyer?” It’s a fair question, and the answer depends on what your document actually requires.
Commissioner of oaths
A commissioner of oaths is authorized to administer oaths and take affidavits and statutory declarations. When you “swear” or “affirm” that the contents of a document are true, a commissioner is confirming that you did so properly. Commissioners do not verify the truth of what you say, only that the oath or declaration was taken correctly.
Notary public
A notary public can do everything a commissioner can, and more. A notary can certify that a copy of a document is a true copy of the original, witness and authenticate signatures, and prepare notarized documents that are often required for use in other provinces or countries, for example, travel consent letters, invitation letters, and certified copies of identification or credentials.
Lawyer
A lawyer is licensed by the Law Society of Ontario to provide legal advice and representation. Lawyers are usually also commissioners and can act as notaries. The key difference is that a lawyer can tell you what a document means for your situation, whether you should sign it, and what the consequences might be. A notary or commissioner, acting only in that role, does not give you that advice.
So which one do you need?
If someone simply needs your signature witnessed, an affidavit sworn, or a copy certified, a commissioner or notary is usually enough. If you need to understand your rights, the effect of an agreement, or the best way to protect yourself, that is legal advice, and you should speak with a lawyer.
Sometimes both are involved at once. For example, when you sign a separation agreement or a document that significantly affects your rights, you may be advised to obtain “independent legal advice” before signing, which a lawyer provides and then confirms in writing.
A note on remote service
Some documents can now be commissioned or notarized by video in Ontario where the rules allow, while others still require in-person attendance. If you are not sure, it is worth confirming before you book, so the appointment achieves what you need.
