Someone needs your document “notarized” and you're not sure what that means. Or your form says to have it “sworn before a Commissioner of Oaths” and you're wondering if a notary will do. These two terms get confused constantly — partly because they do overlap, and partly because the people who ask for one often don't explain why. Here is the plain-English version.
Commissioner of Oaths
A Commissioner of Oaths is appointed under Ontario's Commissioners for Taking Affidavits Act. Their job is to witness sworn signatures. When you sign an affidavit, a statutory declaration, or a sworn statement, a Commissioner verifies your identity, watches you sign, and adds their seal to confirm the signature was made under oath.
What a Commissioner can do:
- Administer oaths and affirmations
- Take affidavits and sworn statements
- Witness statutory declarations
- Accept court-required signed forms
What a Commissioner cannot do:
- Certify that a copy is a true copy of an original document
- Authenticate documents for use outside Canada
- Provide the additional verification that foreign governments typically require
Commissioners are widely available — Ontario lawyers and paralegals are automatically commissioners, and many banks, municipal offices, and employers appoint their own employees. Generally, services cost less than a notary appointment.
Notary Public
A Notary Public is appointed under Ontario's Notaries Act or holds a Law Society licence that includes notarial authority. A notary can do everything a Commissioner of Oaths can do — and more.
What a Notary can do (in addition to the above):
- Certify that a photocopy is a true copy of an original document
- Notarize documents intended for use outside Ontario or in another country (the most common reason people specifically need a notary)
- Authenticate business documents, diplomas, passports, and identification for foreign submission
- Prepare notarial certificates recognized by foreign consulates and embassies
Quick reference: which one do you need?
How to tell from your form
Most forms are specific — look for the phrase in the signature block at the bottom. If it says “sworn before a Commissioner of Oaths”, a commissioner is sufficient. If it says “notarized”, “certified by a Notary Public”, or “notarial certificate required”, you need a notary.
When in doubt, call the office or agency that issued the form and ask them directly. They will tell you — it takes thirty seconds and prevents a rejected submission.
At Act Now Legal Services
We are licensed to provide both Commissioner of Oaths services and Notary Public services from our Barrie office. We offer same-week appointments for most document types. Bring the original document, your government-issued photo ID, and any relevant copies you need certified.
This is general information. If your document is going to a foreign country, confirm the specific requirements with the requesting authority — some countries require additional authentication (apostille) beyond notarization.