Difference Between a Notary Public And a Commissioner of Oaths

More often than not, people mistake a notary public and a commissioner of oaths for being the same. Sometimes this misunderstanding can lead to wasted time, money, and the rejection of submitted documents. At Notable Notary, we help you to understand this difference and we will notarize or commission your documents to ensure it is done right.

What is a commissioner of oaths?

A commissioner of oaths (also referred to as a commissioners for taking affidavits) is a public official appointed by a provincial government who can take oaths, affidavits or declarations by asking you to swear or affirm that what is in a document is true.

In Ontario, all commissioners of oaths are regulated under the Commissioners for taking Affidavits Act.

Every lawyer and paralegal in Ontario is automatically a commissioner of oaths. As well, judges, police officers, students-at-law, and some political representatives are also commissioners of oaths by virtue of their office or status.

What is a notary public?

A notary public is a public official appointed by the provincial government who has all the powers of a commissioner of oaths and, can verify that signatures, marks and copies of documents are true or genuine.

Notaries in Ontario are regulated under the Notaries Act.

What is the difference?

The main differences between a notary public and a commissioner of oaths is that the documents of a commissioner of oaths cannot be executed or used outside of the issuing province. For example, the province of Ontario will not accept any documents commissioned in Alberta, but will accept it if it has been notarized. As well, a commissioner of oaths’ authority is limited, and if a client wishes to make a certified true copy of a document, attest an oath or certify the execution of a document, the services of a notary are required.

Still have some confusion about the difference? Notable Notary is here to help. We offer online and in-person appointments to have your documents notarized or commissioned. Please feel free to call us at (289) 312-6678, or email us at info@notablenotary.ca and book an appointment with us today!