This is easily one of the most common questions I get and is the source of confusion for many. While a Notary Public and Commissioner for Taking Affidavits are similar and there is some overlap, they are NOT THE SAME.
It is important to first note that as I am a Notary Public appointed in the Province of Ontario, all references contained within this article will be referring to Ontario, unless otherwise indicated.
What is a Commissioner for Taking Affidavits? (also commonly called: Commissioner of Oaths or just Commissioner)
Commissioners for taking Affidavits receive their official authority as a Commissioner from the Commissioner for Taking Affidavits Act in one of two ways.
1. By virtue of office as a:
a. Judge or Justice of the Peace;
b. Lawyers & Paralegals licensed by the Law Society of Ontario;
c. Members of Provincial Parliament;
d. Some court staff (usually only in the provision of their official duties); and
e. Municipal clerks and other designated staff.
OR
2. By appointment of the Attorney General of Ontario (or designate). These appointments are always limited in duration, usually to a term of 3 years. Additionally, AG appointments also often have additional restrictions on their powers (ie. can only commission documents in connection with their employment or can only commission specific types of documents). It is common for some (non lawyer/paralegal employees of law offices to obtain commissioner appointments as well as select employees of organizations that are required to submit a high volume of affidavits or statutory declarations (ie. process serving companies).
What does a Commissioner for Taking Affidavits do?
Under the Commissioner for Taking Affidavits Act, a Commissioner can take/administer Oaths/Affirmations & Declarations.
This is the act of administering any necessary oath/affirmation or declaration and ensuring the deponent/affiant’s understanding of the oath/affirmation or declaration. After verifying identity and administering the Oath/Affirmation or declaration a Commissioner will complete the jurat (the portion above where the Commissioner signs your document) sign your document and will usually also add a stamp with their information.
How is a Notary Public appointed?
Notary Publics appointed in Ontario receive their official powers from the Notaries Act. Currently, to be appointed as a Notary Public in Ontario, you must be a member of the Law Society of Ontario (Lawyer or Paralegal).
What does a Notary Public (in Ontario) do?
Pursuant to the Notaries Act, someone who has been appointed to be a Notary Public may:
(a) witness or certify, and attest, the execution of a document;
This is where a Notary Public physically (and in person) witnesses you sign a document where no oath/affirmation/declaration is necessary. This service is available for virtually any document that you sign with one of the most common being Power of Attorney documents.
(b) certify and attest a true copy of a document;
This is where a Notary Public makes a photo copy of an original document (or closely compares a photo copy to the original) and adds a certification statement to the copy (either directly or by attaching a Notarial Certificate) before signing and sealing the copy.
(c) exercise the powers of a commissioner for taking affidavits in Ontario… ;
This simply reiterates that every Notary Public also has any power granted under the Commissioner for Taking Affidavits Act.
TLDR; Every Notary is a Commissioner but not every Commissioner is a Notary. Commissioners can take/administer Oaths/Affirmations & Declarations. Notaries can witness the execution of any document as well as attest a true copy of a document and exercise the powers of a Commissioner.
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