In Ontario, notaries are permitted to do three things: (1) Certify True Copies of original documents, (2) Witness signatures on a variety of documents, and (3) Commission oaths or affirmations on affidavits/statutory declarations. Of note, notaries typically do not draft the document, nor do they review it for accuracy. Before the pandemic, all notarial services required an in-person appointment. However, as with a lot of things, the COVID-19 epidemic changed a lot of things.
O.Reg. 431/20, enacted in Ontario, permits the remote (online) commissioning of affidavits and statutory declarations, allowing individuals to swear or affirm documents online rather than in person. Under this regulation, a commissioner of oaths or a notary public can administer oaths or receive declarations through audio-visual communication technology, provided specific requirements are met, including verifying the identity of the deponent and ensuring the integrity of the process.
Certified True Copy (requires an in-person appointment): In Ontario, a notary public certifies a true copy of a document by carefully comparing the original document with the copy to ensure that it is an exact and accurate reproduction. Once the notary verifies that the copy is identical to the original, they affix their official seal and signature to the document, along with a statement confirming that it is a true copy of the original. This process provides legal assurance that the copy can be used in place of the original for official purposes.
Signature Witness (requires an in-person appointment): In Ontario, a notary public serves as an impartial witness to the signing of legal documents to verify the identity of the signatories and ensure that the signatures are made voluntarily. During the process, the notary will check the identification of the parties involved, observe them signing the document, and then affix their notarial seal and signature, confirming that the signatures were properly witnessed. This notarization adds a layer of authenticity and legality, ensuring the document's validity for legal and official purposes.
Commissioning Affidavits/Statutory Declarations (In-person or online appointment): In Ontario, a notary's role in commissioning oaths or declarations involves administering an oath or receiving a solemn declaration from an individual who is affirming the truth of a statement. In this capacity, the notary ensures that the person making the statement understands its significance and legal implications. The notary then witnesses the individual's signature on the affidavit or declaration, and affixes their notarial seal and signature to officially confirm that the oath or declaration was properly administered. This process is crucial in legal matters where sworn statements are required.
The below list is not an exhaustive list of all documents a notary can certify as a true copy. A notary can certify most documents as true copies. If you require a document to be certified as a true copy, it must be an in-person appointment. Documents that are typically certified as true copies include:
These certified copies are often required for legal, immigration, academic, or financial purposes.
Documents in which you may need a notary to witness your signature (excluding affidavits/statutory declarations) include:
Having a notary witness your signature on these documents helps verify your identity and adds a layer of legal formality and authenticity.
Common affidavits and statutory declarations in Canada that a notary may commission, either in person or online, include:
These affidavits and statutory declarations are commonly used for legal, financial, immigration, and personal matters, and a notary can commission them either in person or via online services under Ontario regulations.