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Ottawa Notary Public vs Commissioner of Oaths: Which You Need

One witnesses affidavits, the other certifies true copies, and only one helps with documents leaving Canada. What Ottawa residents should know before booking.

Johnny Johnny12 min read
Ottawa Notary Public vs Commissioner of Oaths: Which You Need

Being told to "get it notarized" is not the same as being told to see a notary, and in Ontario the difference decides whether your afternoon ends with a usable document or a wasted trip.

Ontario has two separate offices doing what most people call the same job. A Commissioner for Taking Affidavits watches you swear or affirm that what you have written is true. A Notary Public does that too, and several things a commissioner legally cannot. The form in your hand usually says which one it wants, in small type, near the signature block. Reading that line before you leave the house is the whole trick.


Key Highlights

TL;DR: A commissioner witnesses your oath on Ontario paperwork. A notary can do that plus certify true copies and handle documents going abroad. If your document is leaving the province or the country, or if anyone asked for a certified copy of an original, you need a notary.

Quick FactsDetails
βš–οΈ Commissioner doesAffidavits, statutory declarations, most Ontario government and court forms
πŸ–‹οΈ Notary doesAll of the above, plus certified true copies and international documents
πŸ“„ Certified copyNotary only β€” a commissioner cannot legally certify one
πŸ’΅ Typical Ottawa costRoughly $25–$50 plus HST for the first stamp
πŸͺͺ BringOne unexpired government photo ID with your signature on it
⏰ Time neededUsually under fifteen minutes for a single document

Commissioner of Oaths or Notary Public: The Short Answer

A person signing a sworn declaration across a desk while a commissioner watches

A Commissioner for Taking Affidavits is appointed under Ontario's Commissioners for taking Affidavits Act. Their power is narrow and specific: they confirm your identity, watch you sign, and administer the oath or solemn affirmation. They are not vouching for anything in your document. They are recording that you swore to it, and that swearing falsely carries consequences.

Plenty of people hold the office without ever calling themselves one. Every lawyer and licensed paralegal in Ontario qualifies automatically. So do judges, justices of the peace, municipal clerks and their deputies, MPPs and their constituency staff, and police officers acting in their duties. If your form is an Ontario affidavit or a statutory declaration for a provincial ministry, a commissioner is enough and is often cheaper.

A Notary Public holds a broader appointment under the Notaries Act. A notary can commission an oath exactly as above, and can also certify that a photocopy matches an original, witness signatures on documents bound for other provinces and other countries, and note and protest negotiable instruments.

One myth worth retiring: a notary does not have to be a lawyer. Lawyers and licensed paralegals in good standing with the Law Society of Ontario are appointed for life. Non-licensees can be appointed too, on a fixed renewable term, where they show a genuine occupational need β€” international trade work, for instance. Their authority is usually limited to their employer's business, which is why a notary at a shipping company cannot help with your divorce paperwork.

What Only a Notary Public Can Do

A notary seal pressed onto a certified copy beside the original document

The dividing line that catches people out is the certified true copy. When a university, a foreign consulate, or an immigration officer asks for a certified copy of your passport or your degree, they are asking a notary to physically inspect the original, compare it against the photocopy, and attest that the two match. A commissioner has no power to do this, no matter how willing they are.

The procedure matters as much as the title. The notary has to see the original, physical document. A scan on your phone, a photograph, or a copy someone emailed you will be refused, and refused correctly. If the original lives in a safety deposit box in another city, that is a trip you have to make first.

Certified copies of Ontario birth, marriage, and death records are a special case. Many consulates and government agencies will not accept a notarized photocopy of these at all, and want a fresh certified record ordered directly from ServiceOntario. Check what the receiving office wants before paying anyone to stamp anything.

The other notary-only territory is anything crossing a border. Consular filings, foreign visa applications, out-of-province property transactions, and powers of attorney meant to be used elsewhere all need the notarial seal rather than a commissioner's signature.

A parent completing a travel consent letter for a child at a kitchen table

Global Affairs Canada recommends a consent letter for any child under 18 travelling abroad alone, with only one parent, with relatives, or with a school or sports group. It is not a legal requirement to leave Canada. It is, in practice, the document that keeps a family holiday from turning into two hours in a secondary inspection room.

Canadian law does not require the letter to be notarized. Foreign border officials and airline staff frequently want it to be, because a notarial seal tells them the signature is genuine without them having to take anyone's word for it. Families in Ottawa who cross to the United States regularly tend to keep a notarized copy in the glovebox and a photo of it on a phone.

Newcomer families run into the adjacent version of this: sponsorship undertakings, proof of relationship, and school registrations that all want certified copies of originals held overseas. Our Ottawa newcomer settlement guide covers the wider paperwork sequence, and the immigration scams guide is worth reading first, because "we will notarize it for you for $400" is a line real people in this city have heard.

What It Costs in Ottawa

An itemized notary fee receipt resting on a document with an embossed seal

There is no government-set maximum. Ontario's Notaries Act does not cap what a notary may charge, and the market in Ottawa is wide. As a rough map of what people actually pay:

  • A single stamp in an office generally lands between $25 and $50 plus HST for the first document, with additional signatures in the same sitting costing less, often $10 to $20 each.
  • Certified true copies sit in a similar band, roughly $25 to $45 per document, and are usually priced per document rather than per page.
  • Mobile service, where the notary travels to a house, a hospital, or an office, adds a travel fee that commonly starts around $75 and climbs with distance and hour.
  • Remote commissioning by video is permitted in Ontario under O. Reg. 431/20 and tends to be priced between the office and mobile rates.

Two things move the number more than anything else: how many signatures you need, and whether the notary has to read the document before signing. A one-page affidavit is quick. A twenty-page agreement with signature blocks on eight of them is not, and should not be quoted as if it were.

Ask for the total before you go, including HST and any per-signature charge. A quote of "$25" that becomes $95 at the counter is the most common complaint in this corner of the local services market.

What to Bring, and What Gets Refused

A photo identification card and a travel document laid out on a desk before an appointment

Bring one unexpired, original, government-issued photo identification that carries your signature. In practice that means a passport, an Ontario driver's licence, an Ontario Photo Card, a permanent resident card, a citizenship card with a photo, a Secure Certificate of Indian Status, or a Canadian Armed Forces identification card.

What will be turned away, and why it is not the notary being difficult:

  • Expired identification. The office is confirming who you are today, and an expired card does not do that.
  • Photocopies or photos of identification on a phone. The original has to be in the room, for the same reason a certified copy needs the original.
  • Debit cards, credit cards, work badges, and transit passes. No photo, no signature, or neither.
  • Your Ontario health card. Under the Personal Health Information Protection Act, a notary cannot require it. You may volunteer it, but the number must not be recorded.

Bring the document unsigned. This surprises people every week. You sign in front of the commissioner or notary, because witnessing the signature is the service. Turning up with a document you already signed at home usually means signing a fresh copy.

Documents Leaving Canada: What Changed with the Apostille

A stamped Canadian document beside a passport and boarding pass

On 11 January 2024, the Hague Apostille Convention came into force in Canada, and it genuinely simplified an old headache. Before that date, a document destined for another country had to be authenticated by a Canadian government office and then legalized again at the receiving country's embassy or consulate β€” two steps, two queues, two fees.

Now a single Apostille certificate is recognized directly by every other member country. For a document notarized in Ontario, the Apostille is issued by Ontario's Official Documents Services, part of the Ministry of Public and Business Service Delivery. Federally issued documents, such as RCMP criminal record checks, go through Global Affairs Canada instead. The Ontario authentication page sets out which is which.

The sequence still matters: notarize first, apostille second. An Apostille validates the notary's seal and signature, so there has to be a seal for it to validate. And not every country is a member, so a small number of destinations still need the older legalization route. Confirm with the receiving institution rather than guessing, because a rejected document usually means starting the whole chain again.

Where to Get It Done in Ottawa

A quiet professional office set up for signing and witnessing documents

Ottawa has more options than most people realize, and the cheapest is often the one nobody mentions:

  • Your own lawyer or paralegal. If a firm is already handling a matter for you, commissioning a related affidavit is frequently included or nominal. Ask before booking elsewhere.
  • City of Ottawa Client Service Centres. The City commissions a limited set of documents for a per-signature fee. The list of what they will and will not touch is narrow, so phone ahead rather than queueing.
  • Your MPP's constituency office. Constituency staff qualify as commissioners and will often commission provincial forms for constituents at no charge. This is the least-known option in the city.
  • Dedicated notary services. Independent offices handle the notary-only work β€” certified copies, international documents, travel letters β€” and typically offer evening and weekend appointments that law firms do not. Minute Notary in OrlΓ©ans, for example, publishes rates from $24.95 per stamp plus HST and opens on weekends.
  • Mobile and remote notaries. Worth the premium when the signer cannot travel, which comes up most often with hospital admissions, estate paperwork, and new parents.

For anything time-sensitive, ask two questions when you call: whether they can do a certified true copy, and whether they are available before your deadline. Those two answers eliminate most of the wrong choices in about a minute.

FAQ

Q: Can a commissioner of oaths certify a copy of my passport?

No. Certified true copies are notarial work in Ontario, and a commissioner has no authority to issue one regardless of the document. If someone has offered to do this for you as a commissioner, the copy is likely to be rejected by whoever asked for it.

Q: Does an Ontario notary have to be a lawyer?

No. Lawyers and licensed paralegals are appointed indefinitely while in good standing, but non-licensees can also be appointed for fixed renewable terms where they demonstrate an occupational need. Their authority is usually restricted to their employer's business.

Q: Can I get a document notarized over video call in Ontario?

Yes, for commissioning oaths and declarations, under O. Reg. 431/20. It requires live two-way audiovisual contact, real-time identity verification, and a modified jurat noting it was administered remotely. Certified true copies still need the original document physically present.

Q: How much should a simple affidavit cost in Ottawa?

Most offices charge between $25 and $50 plus HST for a first signature, with extra signatures in the same appointment costing less. There is no legal maximum, so get the total quoted before you arrive.

Q: I signed the document already. Is that a problem?

Usually yes. The commissioner or notary is witnessing your signature, so it has to happen in front of them. Bring a clean unsigned copy, or expect to print a fresh one.

Final Thoughts

The practical rule is short enough to keep in your head: if the document stays in Ontario and only needs you to swear it is true, a commissioner will do and may cost nothing at your MPP's office. If it needs a certified copy of an original, or it is leaving the province or the country, you need a notary and you should budget for the seal. Everything else β€” fees, hours, mobile service β€” is a matter of shopping around, and Ottawa has enough choice that you should.


Sources: Ontario Ministry of the Attorney General, Commissioners for taking Affidavits Act, Notaries Act, O. Reg. 431/20, Global Affairs Canada.

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About the author

Johnny Johnny

What's up, Ottawa! I'm Johnny, your go-to guy for events and entertainment in the city. Whether it's a music festival, food market, or the latest happenings downtown, I'm there covering it all. Life's too short to miss out on the fun – let me help you find your next adventure!