Who is a Notary Public in Canada?

A notary public in Canada is an authorized official who acts as an impartial witness when documents are signed, confirms the signer’s identity, and administers oaths and affirmations. In Ontario, lawyers and paralegals in good standing with the Law Society of Ontario can apply for a lifetime notary appointment, and notaries have all the powers of a commissioner for taking affidavits.

Key Takeaways

• A notary public witnesses signatures, confirms identity, administers oaths and certifies true copies of documents.
• Notaries can do everything a commissioner for taking affidavits can, plus certify true copies.
• Outside Québec and B.C., most notaries are lawyers or paralegals. In Québec, notaries are legal professionals with their own training.
• In Ontario, affidavits and statutory declarations can be sworn by video. Certified true copies are done in person.
• A notary witnesses your signature; they don’t check whether what’s in your document is true or give legal advice, unless they’re also acting as your lawyer.

What Is a Notary Public in Canada?

A notary public is an official authorized by their province to witness the signing of documents and administer oaths. Their job is to make sure the person signing is who they say they are, understands the document, and is signing willingly.

Notaries witness documents like affidavits, statutory declarations, powers of attorney, bills of sale and contracts. They can also certify that a copy of a document is a true copy of the original.

Each province sets its own rules for who can be a notary and what they can do. This guide focuses on Ontario, with notes on Québec and B.C.

What Can (and Can’t) a Notary Public Do?

A notary public can:

• confirm your identity using valid government-issued photo ID
• make sure you understand what you’re signing and are signing willingly
• administer oaths, affirmations and declarations for affidavits and statutory declarations
• witness your signature and sign and stamp the document
• certify that copies of documents are true copies of the originals

A notary public can’t:

• confirm that the contents of your document are true; you swear to that yourself
• give you legal advice, unless they’re also a lawyer or paralegal you’ve hired for that
• witness a document you’ve already signed; you must sign in front of them
• act as your guarantor just by notarizing (see what a guarantor is)

Swearing vs. affirming

To swear is to promise on a religious text that your document is true. To affirm or declare is to make the same solemn promise without one. The law treats both the same. Knowingly giving false information in an affidavit is perjury under the Criminal Code.

Notary vs. Commissioner vs. Lawyer: Which Do You Need?

These titles overlap, which makes it confusing. Here’s how they differ in Ontario:

• Notary public: administers oaths and witnesses signatures, and can also certify true copies. Often needed for documents going outside Canada.
• Commissioner for taking affidavits: administers oaths and declarations for affidavits and statutory declarations. Can’t certify true copies. Every Ontario notary is also a commissioner.
• Lawyer: can give legal advice and draft documents. Ontario lawyers are commissioners, and many are also notaries.

Which one do you need?

• Affidavit or statutory declaration: a commissioner or notary.
• Certified true copy: a notary.
• Document for use outside Canada: usually a notary. It may also need an apostille; see what notarized and apostilled mean.
• Advice about what a document means or whether to sign it: a lawyer.

For more detail, see who can notarize a document in Ontario and who can sign an affidavit in Ontario.

Online and In-Person Notary Services in Ontario

Since August 1, 2020, Ontario has allowed commissioners and notaries to administer oaths and declarations by video under O. Reg. 431/20 (Administering Oath or Declaration Remotely). This is called remote commissioning.

For a remote appointment, you and the official must be able to see and hear each other in real time. The document must say that the oath or declaration was administered remotely and where each of you was located (Law Society of Ontario).

What you can do online: swear or affirm affidavits and statutory declarations by video.

What needs an in-person appointment: certified true copies, and any document where the notary must sign or stamp an original, such as your photo or ID for some government forms.

Other provinces have their own rules, so check before you book if you’re outside Ontario. Learn more about how online notary services work.

Notaries in Québec and British Columbia

Québec and B.C. work differently from the rest of Canada.

Québec: notaries are legal professionals, separate from lawyers. They need a civil law degree plus graduate training in notarial law, and are governed by the Chambre des notaires du Québec. Québec notaries give legal advice and prepare documents like real estate deeds, marriage contracts and wills, which can be made as official “notarial acts”.

British Columbia: notaries public are members of the Society of Notaries Public of B.C. and can help with services like real estate transfers, wills and powers of attorney, as well as witnessing documents.

In Ontario and most other provinces, notaries are usually lawyers or paralegals.

How Much Does a Notary Cost?

Prices depend on the document, how many signatures or pages you have, and whether you meet online or in person. See our breakdown of notary services costs in Canada.

How to Book a Notary Online or in Person

1. Get your document ready, but don’t sign it. You’ll sign in front of the notary.
2. Choose online or in person. Book online for affidavits and statutory declarations, or in person for certified copies and originals.
3. Bring valid photo ID and meet the notary, who confirms your identity, administers the oath if needed, and signs and stamps your document.

How Lawyers and Paralegals Become Notaries in Ontario

Ontario’s Notaries Act governs notaries. Lawyers and paralegals in good standing with the Law Society of Ontario can apply for a notary appointment (ontario.ca):

• They apply through the Official Documents Service and pay a one-time government fee (currently $145). Government lawyers and paralegals pay nothing.
• The appointment is for life, as long as they stay in good standing with the Law Society.
• They must keep their signature and seal on file with the Official Documents Service.

A Short History of Notaries

Notaries date back to ancient Rome, where scribes recorded and witnessed important documents. Canada inherited two traditions: Québec’s civil law notaries come from the French system, while notaries in the rest of Canada follow the English common law tradition.

Frequently Asked Questions

What is the difference between a notary public and a commissioner of oaths?

Both can administer oaths for affidavits and statutory declarations. A notary can also certify true copies of documents, which a commissioner can’t.

Is a notary public the same as a lawyer in Canada?

Not always. In Ontario, notaries are usually lawyers or paralegals, but when they act as a notary they’re witnessing, not giving legal advice. In Québec, notaries are their own type of legal professional.

How much does a notary cost in Ontario?

It depends on the document and the service. See our guide to notary services costs in Canada.

Can I see a notary online in Canada?

In Ontario, yes, for affidavits and statutory declarations sworn by video. Certified true copies need an in-person appointment. Rules vary by province.

What documents need to be notarized?

Common ones include affidavits, statutory declarations, powers of attorney, certified copies of ID or diplomas, and documents for use outside Canada. The organization asking for the document will tell you what it needs.

How do you become a notary public in Ontario?

You must be a lawyer or paralegal in good standing with the Law Society of Ontario. You apply through the Official Documents Service and pay a one-time government fee.

Meet With a Notary Public

Notaries protect everyone involved in a document: they confirm who’s signing, make sure they understand it, and witness their promise that it’s true. With NotaryPro, you can swear affidavits and statutory declarations online, or book an in-person appointment for certified copies.