Who is a Notary Public in Canada?

Key Takeaways

• Notaries act as impartial witnesses, verifying signatures, confirming identities, and ensuring documents are signed willingly.
• A notary administers oaths, affirmations, and declarations, where an individual promises that the content of their document is truthful.
• Notaries prevent fraud, confirm the authenticity of documents, and uphold trust in legal and administrative processes.
• Online commissioning has been legal in Ontario since 2020, allowing you to access secure, real-time remote notary services.
• NotaryPro offers online and in-person commissioning across Canada, providing quick services for individuals and businesses.

A Notary Public is an appointed authorized official serving as an impartial witness during the signing of documents. They witness the signing of contracts, agreements, Affidavits, Powers of Attorney, Statutory Declarations, Bills of Sale, and many other documents. 

Notaries can also certify that copies of legal documents are true replicas of the original versions. Always remember, you must wait to be in a notary’s presence to sign your document so they may witness your signature.

What Happens During Notarization?

You can meet with a notary public online, from the comfort of your home or office, or in person. Here’s what you can expect during your notary appointment:

• A notary public will confirm your identity and that you’ve made your statements voluntarily. 
• The notary will ensure you understand what you are signing. 
• You’ll swear or affirm that the information in your document is true and complete. 
• The notary public will sign the jurat of the Affidavit and stamp it with a notary seal.
• You’ll sign the jurat and the notary will witness your signature.

What Purpose Does a Notary Public Serve?

A notary public helps uphold the integrity of civil society, ensuring certain legal and administrative processes are carried out lawfully. A notary plays an important role in preventing fraud by verifying a signer’s identity. Notaries also confirm that a signer is aware of what they’re signing and that they’re signing willingly. Here’s some more information about the purpose of a notary public.

Verify the Signer’s Identity to Prevent Fraud

Notaries verify the signer’s identity by requesting a valid, government-issued ID with a photo and signature. Acceptable forms of identification typically include but aren’t limited to a driver’s license or passport. Whether you meet with a notary online or in person, they’ll verify that you’re the person in the ID you present. 

Confirm Willingness and Awareness to Sign

Notaries ensure a signer willingly agrees to the terms, conditions, or facts within their document. They also confirm that a signer is of sound mind, and can fully understand the implications of what they’re signing. 

They look for signs of coercion or impaired decision-making due to health conditions or intoxication. By verifying these factors, notaries uphold public trust, protect document integrity, and safeguard the rights of all parties involved.

Administer Oaths and Affirmations

For certain documents, notaries administer an oath, requiring the signer to swear, affirm, or declare that a document’s contents are true.

To “swear” is to make a promise on an oath on a religious text (like, the Torah or the Bible). To “affirm” or “declare” is to make a solemn promise you profess to be true. Declarations are usually administered for Statutory Declarations while affirmations are typically administered for Affidavits. The law will view your evidence equally if you affirm or swear your document.  Telling the truth is critical, as knowingly providing false information in an affidavit is considered perjury, which is an indictable offence. 

Reducing Risks of International Agreements

In our globalized world, notaries play a vital role in reducing risks associated with contracts signed between parties in different countries. They ensure the authenticity of signatures, making it harder for anyone to later deny signing a document. This can sometimes happen in business deals with remotely executed agreements. 

Who Else Can Notarize Documents in Canada?

In Canada, any authorized official can notarize or certify documents. An authorized official can hold any of the following titles:

• Notary public 
• Commissioner of oaths
• Lawyer
• Paralegal
• Judge
• Minister
• Justice of the peace
• Certain officials at local municipalities
• Medical professionals, police officers, and professional engineers (for some documents)

Online Notary and Commissioner Services in Ontario

In Ontario, notary publics and commissioners can legally commission documents online effective August 1, 2020. Ontario’s O. Reg. 431/20 under the Commissioners for Taking Affidavits Act permits remote commissioning.

This regulation enables notaries and commissioners to administer oaths or declarations without being physically present. The notary and the client must use a virtual communication method that enables real-time and simultaneous video and audio interaction. The document must indicate that the oath or declaration was administered remotely, and note the locations of both parties. By complying with these requirements, Ontario notaries can offer secure and convenient online commissioning services.

Each Canadian province has its own regulations with respect to online commissioning. If you’re unsure, it’s best to check whether you can commission a specific document online in your jurisdiction.

Notary Public Services Across Canada

NotaryPro is Canada’s trusted online and in-person notary — backed by convenience and speed. Our top-rated online notary solution saves you time and eliminates travel costs. Meet with a notary online to have your document commissioned in under 7 minutes, from anywhere with a Wi-Fi connection. If you prefer the in-person notary method, you can find a notary near you here. 

You can access secure, professional notary services online or in person, without compromising quality or legality. NotaryPro simplifies notary and commissioning services to make them quick, accessible, and convenient. 

Qualifications to Become a Notary Public in Canada

To become a notary public in Canada, applicants must meet certain education, training, and professional qualifications. The qualifications one must meet to become a notary public are governed by provincial and territorial legislation. Since each Canadian province is different, it’s best to look into your provincial or territorial guidelines for specific information. 

For instance, in British Columbia, notaries are appointed by the Supreme Court for life. They must be members of the Society of Notaries Public of British Columbia. In Québec, notaries must have a bachelor’s degree in civil law and a master’s in notarial law. Québec notaries are governed by the Chambre des notaires du Québec. Other provinces require various prerequisites, including a legal background or specific training, with licenses granted for set terms and subject to renewal.

Becoming a Notary Public in Ontario

In Ontario, the Notaries Act regulates the practice of notarization. Practicing lawyers and paralegals in good standing with the Law Society of Ontario (LSO) can apply for a lifetime notary public appointment. 

The application process involves submitting a request through the Official Documents Service and paying a one-time fee of $145. Once approved, notaries receive a Certificate of Appointment, authorizing them to perform notarial acts such as certifying document copies and administering oaths.

The Notaries Act enables all fee-paying licensees and those with fee exemptions to serve as notaries in Ontario. However, licensees who intend to charge fees for notary services must belong to the 50% or 100% fee-paying category. When acting as a notary public, licensees cannot provide legal advice unless retained and the situation warrants such guidance.

The Ontario government authorizes notary publics to witness document signings and administer oaths or declarations. Ontario notaries hold all the same powers as a commissioner for taking affidavits. They can certify document copies as true originals, witness signatures, and attest document execution.

The History of Notary Public Services

The National Notary Association (NNA) traces notaries back to 2750 B.C.E. in Egypt and Sumeria, where they were known as scribes. Egyptian scribes documented important events and history, shaping the ancient world’s record-keeping practices. During the Roman Empire, “notarii” and “scribae” witnessed and documented speeches, weather, and official documents. The first recognized notary, Tiro, a Roman servant, invented shorthand to efficiently record speeches. 

Meet with a Notary Public Today

Notaries play a vital role in ensuring the authenticity and legality of documents and our legal system. They protect all parties involved in a process or transaction, preventing fraud and ensuring everyone understands what they’re signing, and signs willingly.

Whether you need to notarize or commission document for personal or business purposes, a notary can offer peace of mind and protection. 

NotaryPro’s online notary appointments take just 7 minutes — so having a document commissioned never has to interrupt your day. All of our notaries, including those in our in-person notary network, are friendly, helpful, and supportive. 

Give our notary a try and see why we’re Canada’s top notary provider!