Do I Need a Notary or a Commissioner of Oaths?

Mon, 14 Apr 2025 17:49:37 GMT

Do I Need a Notary or a Commissioner of Oaths? Understanding the Difference

What's the Difference Between a Notary and Commissioner of Oaths?

The primary difference between a notary public and a commissioner of oaths lies in their scope of authority, qualifications, and the types of documents they can handle.

A notary public is a legal professional appointed by a provincial government with the authority to perform a wider range of legal functions. They can witness signatures, administer oaths, certify copies of documents, and in many cases, prepare legal documents like deeds and contracts. Notaries can also authenticate documents for use in international contexts.

A commissioner of oaths has more limited authority, primarily focused on administering oaths and taking affidavits, statutory declarations, and other sworn statements. They cannot authenticate documents for international use or prepare legal documents.

Let's explore these differences in more detail to help you determine which professional you need for your specific situation.

Provincial Variations in Canada

It's important to note that notary requirements vary significantly across Canadian provinces:

British Columbia

Notaries are appointed by the Supreme Court for life
Must be members of the Society of Notaries Public of British Columbia
Extensive training and qualification process

Quebec

Notaries must have a bachelor's degree in civil law
Also require a master's degree in notarial law
Governed by the Chambre des notaires du Québec
Rigorous legal background and specific training requirements

Ontario

The Notaries Act regulates the practice of notarization
Practicing lawyers and paralegals in good standing with the Law Society of Ontario (LSO) can apply for a lifetime notary public appointment
Application process involves:
Submitting a request through the Official Documents Service
Paying a one-time fee of $145
Receiving a Certificate of Appointment upon approval
Authorization to perform notarial acts such as certifying document copies and administering oaths
The Notaries Act enables all fee-paying licensees and those with fee exemptions to serve as notaries in Ontario
Licensees who intend to charge fees for notary services must belong to the 50% or 100% fee-paying category
When acting as a notary public, licensees cannot provide legal advice unless retained and the situation warrants such guidance

Ontario notaries hold all the same powers as a commissioner for taking affidavits, plus additional authority to certify document copies as true originals, witness signatures, and attest document execution

Other provinces have various prerequisites, including a legal background or specific training, with licenses granted for set terms and subject to renewal.

When Do You Need a Notary Public?

Step-by-Step Guide to Determining if You Need a Notary

Identify your document type

Real estate transactions (deeds, mortgages, title transfers)
Power of attorney documents
International documents requiring apostille certification
Advanced healthcare directives or living wills
Certified copies of important documents

Check document requirements

Look for language requiring "notarization" or "notarial acts"
Review any instructions from the receiving agency
Check if the document needs to be used internationally

Consider the legal importance

Documents with significant legal or financial consequences
Documents that transfer rights, property, or authority
Documents that need additional fraud prevention

Verify jurisdiction requirements

Different provinces have different rules about what must be notarized
International documents have specific requirements

Consult the receiving organization

Contact the institution that will receive your document
Ask specifically about notarization requirements

Common Documents That Require a Notary

Real estate deeds and mortgages
Wills and trusts (in some jurisdictions)
Powers of attorney
Motor vehicle title transfers
Adoption papers
International business contracts
Advance medical directives
Certified copies of documents for international use

Costs and Fees: Notary vs. Commissioner of Oaths

The cost difference between these professionals can influence your decision, especially for multiple documents.

Notary Public Fees:

Typically range from $25-$50 per signature in Canada
Mobile notary services may charge $75-$150 or more
Additional fees may apply for travel, after-hours service, or complex documents
Some provinces have recommended fee guidelines

Commissioner of Oaths Fees:

Generally lower, ranging from $10-$30 per document
May be free in some government offices for certain documents
Less likely to charge travel fees
Often have standardized fees set by provincial regulations

Legal Protections and Limitations

Understanding the legal protections each professional provides can help you make an informed decision.

Notary Public Protections:

Reduces fraud through identity verification
Creates legal evidence of document execution
Most carry errors and omissions insurance
Subject to rigorous provincial oversight
Creates permanent record in notary journal

Commissioner of Oaths Limitations:

Generally less stringent verification requirements
May not maintain detailed records of transactions
Limited authority for international documents
Typically less regulated than notaries
May not carry professional liability insurance

Frequently Asked Questions About Notaries and Commissioners of Oaths

d4e38904