Did you know? Since Canada joined the Hague Apostille Convention on January 11, 2024, Ontario documents intended for use abroad no longer travel through the old two-step authentication and legalization chain. One certificate now does the job. However, there is a detail that surprises many applicants: before Official Documents Services (ODS) can issue an apostille on a private document, that document usually has to pass through a notary public first — and not every person who can sign your paperwork in Ontario is a notary.
Confusion between a notary public and a commissioner for taking affidavits is one of the most common reasons documents come back rejected. The two roles sound similar, they are often offered side by side, and both are regulated by Ontario’s Ministry of the Attorney General. Their legal powers, though, are not identical, and choosing the wrong one can add weeks to an otherwise quick apostille process.
In this article, we will explain who can notarize a document in Ontario, how a notary public differs from a commissioner of oaths, which common documents may require notarization, what an online notary service can and cannot do, and why the seal and signature on your paperwork directly affect how fast your apostille is issued.
Need help with document apostille/legalization/authentication/attestation — and/or criminal record check in Canada? Contact us via our form, call us at +1-613-501-0555 (WhatsApp available) or +1-800-857-1215 (toll-free), fax us via 1-844-786-2001, or text us at info@lsccanada.ca.
Who Can Notarize a Document in Ontario?
Only a person appointed under the Notaries Act may notarize a document in Ontario. The Act authorizes the government to appoint lawyers, paralegals and some civil servants to act as notaries, and every appointment is administered through the Ministry of the Attorney General.
Lawyers and Paralegals Licensed by the Law Society
Most notaries in Ontario are lawyers or paralegals licensed by the Law Society of Ontario. A legal professional in good standing may apply to be appointed as a notary public, and that appointment lasts for as long as the licence remains active. This is why a notary appointment is usually easiest to arrange through a law office or a paralegal firm.
Non-Lawyer Notaries in Ontario
Someone who is not a lawyer or paralegal can also apply to become a notary public in Ontario, but only where the duties of their job genuinely require notary services. Applications go to the Ministry of the Attorney General and must be supported by an employer letter explaining why the role needs notarial powers. These appointments are granted for a fixed term rather than for life, and the expiry date appears on the notary seal.
Commissioner for Taking Affidavits
A commissioner for taking affidavits is a separate designation governed by the Commissioners for Taking Affidavits Act. Certain office holders — including lawyers, paralegals and municipal clerks — hold this status automatically by virtue of their position and do not need to apply. Others may apply to be appointed through the same ministry.
The practical point for anyone preparing documents in Ontario is this: every notary public also holds the powers of a commissioner, but the reverse is not true.
Notary Public vs Commissioner of Oaths: What Each One Can Do
Understanding the split in authority is the fastest way to avoid a wasted appointment.
What a Commissioner of Oaths Can Administer
A commissioner of oaths can administer oaths, affirmations and declarations. In practice, this means they witness you swearing or affirming that the contents of a written statement are true, and then they sign the jurat — the short clause at the bottom of the page recording where, when and before whom the statement was sworn.
That level of authority is enough for many everyday sworn statements used inside the province, such as:
- Statutory declarations for provincial programs
- Statements of common-law status
- Student aid and benefit forms
- Insurance and employment declarations
What Only a Notary Public Can Do
A notary public in Ontario holds all the powers of a commissioner and several additional ones. A notary can:
- Witness and attest to the execution of a legal document
- Certify true copies of documents against the original
- Verify that signatures and marks are genuine
- Administer oaths or declarations
- Apply an official notary seal recognized outside of Ontario
Certifying true copies and applying a notarial seal are the two powers that matter most for international paperwork. If your document is going abroad, you almost always require a notary public rather than a commissioner.
Oath, Affirmation and Declaration
The terminology on Ontario forms can be confusing. An affidavit is a written statement of facts that the deponent swears or affirms to be true, and it may be used as evidence in court. An oath is a religious form of that promise; a declaration or affirmation is the non-religious equivalent and carries exactly the same legal weight. Whether you choose an oath or affirmation is entirely up to you — the notary or commissioner will simply adjust the wording.
Common Documents That May Require Notarization
Not every document needs a notary. Certain documents, especially those crossing a border, almost always do.
Personal Documents
- Copies of documents such as passports, driver’s licences and permanent resident cards
- Birth, marriage (divorce) and death certificates presented as certified copies
- Change of name paperwork and supporting declarations
- Travel consent letters for a minor
- Single status and marital status declarations
Legal and Business Documents
- A power of attorney for property or financial matters abroad
- Affidavits and statutory declarations intended for foreign authorities
- Contracts, deeds and transfer documents
- Business documents such as corporate resolutions, articles of incorporation and commercial agreements
- Translator declarations attached to a certified translation
If you are unsure whether your file falls into the group of documents that require a notary, the safest approach is to ask the receiving authority abroad in writing before you book anything.
Need help with document apostille/legalization/authentication/attestation — and/or criminal record check in Canada? Contact us via our form, call us at +1-613-501-0555 (WhatsApp available) or +1-800-857-1215 (toll-free), fax us via 1-844-786-2001, or text us at info@lsccanada.ca.
Online Notary Service and Remote Commissioning in Ontario
Ontario permits a great deal of remote work, but the boundaries are narrower than most advertising suggests.
What Can Be Commissioned Online
Under O. Reg. 431/20, made under the Commissioners for Taking Affidavits Act, a commissioner may administer an oath or declaration by live audio-visual technology. The regulation was introduced on August 1, 2020 and later made permanent, so affidavits or declarations can legitimately be commissioned online today. Documents handled this way carry the same standing as those signed at an in-person notary appointment, provided the rules are followed:
- Identity confirmed with valid government-issued photo identification
- A live two-way video connection throughout the session
- The signature applied during the call, not beforehand
- A modified jurat naming the physical location of both parties
What Cannot Be Notarized Online
The regulation covers oaths and declarations only. It does not extend to the full range of notarial acts. Ontario’s Notaries Act contains no equivalent regulation permitting remote notarization, which means the following still require an in-person notary:
- Certifying true copies — the notary must physically inspect the original
- Witnessing a signature on a deed, contract or power of attorney for use outside of Ontario
- Applying a wet notary seal to a document destined for an apostille
This is the single most important limitation to understand. An online notary service is genuinely convenient for domestic sworn statements, but if your goal is an apostille, plan to meet with a notary public in person.
Why the Right Notary Matters for a Quick Apostille Process
In Ontario, the competent authority for apostilles is Official Documents Services, part of the Ministry of Public and Business Service Delivery and Procurement. ODS does not review what your document says. It verifies one thing: that the seal and signature on the page belong to an official whose specimen is registered with the province.
That single fact explains most delays.
The Specimen on File
When a notary is appointed under the Notaries Act, a specimen of their embossed seal and signature is filed with ODS. If a notary changes their signature or seal and never updates the file, documents they notarize cannot be verified — and an unverifiable signature cannot be apostilled. Working with an established notary who regularly handles international files removes that risk.
Notarization in Ontario Speeds up the Apostille Process
PLEASE NOTE! If you urgently need to use a power of attorney in another country, we have a way to quickly legalize this document regardless of the Canadian province in which it was issued.
The fastest way to obtain an apostille is in Ontario — this can be done within a couple of days, compared to weeks in Alberta, British Columbia, Quebec, and so on. But to legalize a power of attorney in Ontario, does this document have to be issued in that province? Yes, but it is also acceptable to obtain an apostille for a notarized copy of this document made in Ontario. This makes it very easy and legal to speed up the possibility of using this document in any country in the world, literally dozens of times over.
Mistakes That Slow Down an Apostille
- Using a commissioner instead of a notary. A commissioned declaration without a notarial seal is frequently returned.
- Submitting a document notarized online. Where a wet seal was required, the file has to be redone from scratch.
- Photocopies and scans. ODS accepts original Ontario documents or properly notarized paper copies, not printouts.
- Illegible seals. A faint or smudged impression is treated as unverifiable.
- Loose pages. Multi-page records must stay securely fastened together.
- Lamination or coatings. Anything that blocks the apostille stamp makes the document ineligible.
Each of these problems is avoidable at the notary stage, which is exactly why the choice of professional matters so much. For a fuller explanation of the boundary between the two steps, see our article on whether a notary can apostille a document.
How to Find a Notary Public and Prepare for the Appointment
You can find a notary public through a law firm, a paralegal practice, a dedicated notary service, or a mobile provider. Notaries operate across Ontario, and submissions to ODS are handled through its office in Toronto as well as through participating ServiceOntario locations.
To keep the notary process short, bring:
- The original document, unsigned — you will sign in front of the notary
- Valid government-issued photo ID that has not expired
- Any translation and translator’s declaration, if applicable
- Written instructions from the authority abroad, if you have them
A prepared client is usually finished in ten minutes. An unprepared one books a second appointment.
Need Help Getting Your Documents Notarized and Apostilled?
Notary and commissioning services are only the first step. Once your documents are notarized, they still have to clear the provincial or federal authority before they will be accepted overseas — and requirements differ by destination country and document type.
Since 2009, Legalization Service Centre has assisted clients with apostille, authentication and legalization of Canadian documents. With more than 15 years of experience, our team helps individuals and organizations move paperwork through the process without avoidable rejections.
Get Your Documents Ready for International Use
Knowing who can notarize a document in Ontario — and knowing the difference between a notary and a commissioner before you book — is one of the simplest ways to keep an apostille on schedule. The rules are not complicated, but they are strict, and they are applied consistently.
Whether you need to notarize your documents, obtain an apostille, arrange a certified translation, or request a Canadian criminal record check, Legalization Service Centre can guide you through every stage.
Need help with document apostille/legalization/authentication/attestation — and/or criminal record check in Canada? Contact us via our form, call us at +1-613-501-0555 (WhatsApp available) or +1-800-857-1215 (toll-free), fax us via 1-844-786-2001, or text us at info@lsccanada.ca.