Notary Public vs Commissioner of Oaths: What’s the Difference?

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A notary public and commissioner of oaths are two functions in a law office that many people always get confused with and tend not to know about. Most of the time, it is assumed that these two roles are one and the same. Understanding the difference will ensure that you make an appointment with the right person prior to submitting your legal document.

 

What is a notary public?

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A notary public is essentially an official who is appointed by a state government to help deter any fraud that might occur when dealing with official documents such as deeds, affidavits, contracts, licenses, trusts, estates, foreign and international business, and power-of-attorney. They are meant to witness the signing of said important legal documents or papers, which are usually being used and sent worldwide, and must verify the identification of the signee or the signatory, as well as the person’s willingness to approve the documents and recognize the contents of the said transaction or legal documents. In addition to witnessing signatures, a notary public may also certify true copies of an original document, and uses a stamp and a seal when they sign off documents. Most lawyers, or more commonly known as barristers and solicitors in Ontario, are also notaries.

 

What is a commissioner of oaths?

 

On the other hand, a commissioner of oaths (or sometimes referred to as commissioners for taking affidavits) is a person who is accredited to authenticate affidavits, affirmations, and declarations. He/She does this by asking the signee or the signatory to swear or attest that what was written in the legal document is true. A commissioner of oaths also has a stamp that is used along with their signature but no seal. Every lawyer in Ontario is also automatically a commissioner of oaths.

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What is the difference?

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A commissioner of oaths, other than a lawyer, cannot verify a true copy of a legal document. For that task you would need to go to a notary public. A commissioner of oaths has some other restrictions as well, such as their stamp or verification is valid only in the same province where they work or where they have been certified.

 

The reason we have earned a reputation in Toronto is because of the personalized service Excel Closing Centre brings to the table with each legal issue and client. We know that it can be unnerving to manage a legal concern. It can also be confusing to figure out the necessary steps for filling out paperwork requiring either a Toronto notary or commissioner. We can help you more fully understand your rights and responsibilities when you find yourself in this situation so that you can approach the issue with a more comprehensive overview of your duties. Contact us today to get this process started!