What is the Difference Between Commissioning and Notarizing?

Commissioning and Notarizing

Documents are commissioned in Ontario by a commissioner, notary public or other person permitted by the province’s Ministry of the Attorney General to do so.  A notary can do all a commissioner does (i.e. commission), but a commissioner cannot do all a notary public can do (i.e. commission or notarize).  Often one official holds both designations and can tell you which service you require. There is no harm in notarizing a document that required commissioning, although notarizing is generally more expensive.  Commissioning a document, however, that required notarization will not be acceptable. Whether a document is commissioned or notarized depends on the document, whether it is to be used out-of-province, and whether the ultimate recipient of the document itself specifies whether a notary or commissioner or both are acceptable. 

Commissioners and notary publics in Ontario do not complete, draft, thoroughly read or provide advice about the contents of documents. A commissioner is not swearing that a statement is true; you are. A notary is not certifying that a copy of an original document is anything more than a true copy of a seemingly unaltered original paper presented to them by a person whose identity they have verified. A request to commission or notarize a document can be refused for various reasons, such as if the official believes the client does not have the mental or language capacity to understand what s/he is signing, the person signing appears not to be signing of his / her own free will, or the document is in a language the official does not understand and there is no translation from a certified translator.

COMMISSIONING

A commissioner:

(1) verifies the genuineness of your signature and

(2) administers an oath or requests a solemn affirmation asking you to swear, affirm or declare that the contents of the statement(s) made in the document you present are true. 

Documents to be commissioned have wording (commonly referred to as the jurat), that follows the statement(s) you swear are true and often reads as follows:

Sworn (or Affirmed or Declared) before me at the (City, Town, etc.) of .....................

in the (Province, County, Regional Municipality, etc.) of ......................., on

(date)………………………………………  

Below the jurat, usually there is a line for the official to sign on, and it will often indicate there if a commissioner, notary or either designation is acceptable to complete the jurat and sign. The commissioner will also stamp near his/her signature.  Do NOT sign any documents you need to sign until you are with the commissioner (or the notary public, as the case may be).

Documents to be used outside the province should be notarized, even if a commissioner is acceptable for that type of document in Ontario.  

Examples of documents that require commissioning include, but are by no means limited to:

• affidavits

• forms such as:

*Statement of Conscience or Religious Belief – Immunization of School Pupils Act

*Sworn Statement for a Family Gift of a Used Motor Vehicle in the Province of ON

*Statutory Declaration of Common Law Union

NOTARIZING

 A notary public is appointed by the Ontario Ministry of the Attorney General and is responsible for:

(1)  verifying the identity and signature of the person presenting the document(s) and  

(2)  witnessing the execution (the signing of an original document) or certifying that a document is a true copy of its original.  

A notary often makes the copy of the original, so that s/he does not need to read and compare every word of a copy brought to him/her with the original document.  Whether notarizing an original document or a copy of it, the notary will sign and seal (and initial and seal each page if a multi-page document) with an embosser, date and state the location of the signing. When notarizing a certified copy, wording relating to its authenticity as a copy will be added on the document itself or stated in a notarial certificate and attached to the copy.

Documents that are frequently notarized include, but are not limited to:

• Powers of Attorney, Wills (notarization is not required for these documents to be valid)

• Consent Letter for Children Travelling Abroad

• Letter of Invitation

• Copies of original identity documents

A Final Word

It is permissible in Ontario for commissioning to be performed in person or virtually, although the official must follow certain prescribed procedures when acting remotely.  Not all recipients of commissioned documents accept statements sworn virtually, so it is best to check beforehand.  Currently, notarization can be done only in person in Ontario.

If a document is to be used outside Canada, you may require apostille service in addition to notarization.  Consult the recipient of the notarized document to see if this step is required or contact your embassy, consular office, the Ontario Government’s Official Document Services at https://www.ontario.ca/page/authenticate-document-use-outside-canada#section-8 or Red Seal via https://www.redsealnotary.com/apostille-canada.html

To commission or notarize your document, contact Karimalis Paralegal and Notary to book an appointment: https://www.paralegal-on-broadview.com/contact or email inquire@paralegalonbroadview.com (East York, Ontario)