Commissioner & Notary Public - Legal Conformity

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There are many official signed documents that must be notarized to be considered valid. Examples include certificates of birth, adoption, marriage, or divorce, as well as real estate transactions, wills, power of attorneys, government documents for immigration or court proceedings, and many, many more.

For Taking Oaths/Affidavits, are Commissioner and Notary Public the same?
Some documents require being commissioned rather than notarized. While many people assume they are the same, it’s not exactly correct. A notary can commission, but a commissioner who isn’t a notary can’t notarize. Sound confusing?

So the main differences between the two are that a Commissioner is empowered to administer an oath and to witness the swearing or affirming of that oath as truth regarding statements made within an Affidavit or Declaration. The commissioner doesn’t confirm that the statement are true, only that the deponent, or person who swears or affirms the oath, states that the contents of the document are true. Commissioners are usually appointed for a limited term, often connected to their office or work (ie a court clerk). A commissioned document is generally only recognized within the province empowering the commissioner.

Paralegals appointed under the Notaries Act have all the powers of a commissioner of oaths, as well as the authority to certify or notarize documents as true copies, witness and attest the execution of a document, and verify signatures.

On the other hand, a notary public in Ontario is appointed under the Notaries Act. A notary public has all the powers of a commissioner of oaths, as well as some additional powers. A notary public also has the authority to certify or notarize documents as true copies, witness and attest the execution of a document, and verify signatures.

An important distinction is when it comes to getting documents authenticated and legalized not only for use outside of the Province of Ontario but also for outside of Canada. In Canada, the ‘Legalization’ of documents is the equivalent of ‘Apostille’ Certificate. This process ensures that your Canadian documents are recognized overseas by foreign governments and authorities. In Ontario legalization is a three-step process involving a Notary Public, Global Affairs Canada in Ottawa (some documents permit the provincial office ie Official Documents Services in Toronto), and relevant Embassy or Consulate of the country in which document is to be used. In Ontario, lawyers and paralegals can be appointed as a notary public. They possess the qualifications to practice law and offer legal advice as well as writing and preparing legal documentation. A notary public generally has a lifetime appointment.

As Canada is not a part of the Hague convention, apostilles are not done here. Instead, Canada does a similar process called Authentication & Legalization. It is essentially the same, is similarly recognized, and satisfies the requirement of an Apostille. To learn more about Authentication and Legalization click here.

Certified Copies, Affidavits, Declarations and Other Document Types

Notarization or certification of copies of original documents are usually done with identification type documents such as passports, birth certificates, university degrees/diplomas, trade certificates, etc. The client can bring their own copies along with the original documents (include front & back on same page with items like drivers’ licence). The notary will certify that the document is a true copy of the original.

Some documents such as Wills and Powers of Attorney have special rules by law and will require two independent witnesses. Other documents, such as those being sent to, or from, foreign governments or institutions may also have special requirements. Contact us to ensure a smooth process

Finally, many documents will require the despondent (that’s you) to swear an oath or affirmation that a document or statement is true. We try to accommodate needs but please help by making us aware in advance of particular religious formalities or by bring your own form of required religious document.

Some common documents include:

Power of Attorney
Marriage Licence or Divorce Decree
Licensing exam applications
Child travel consent letters
Child custody declarations
Bank forms including ILA
Independent Legal Advice
Visa invitation letters
Notary Public Services
Vehicle Transfer documents
Gifting a Vehicle to a Family Member
Diplomas and Professional Degrees
Declarations or Statutory Declarations
Statutory Declarations for Name Change Applications
Relationship type documents ie Prenuptial, Separation, or Common law declarations
Automobile proof of loss
OSAP affidavits & forms
RRSP withdrawal applications
Bank forms that need declarations
Insurance forms
Employment ID verification
Certified True Copies (Passports, Driver’s Licenses, Birth Certificates, Degrees/Diplomas)

Current 2022 Price List for Most Common Documents

Payment Methods Accepted

Debit (tap & chip), credit cards (tap & chip), and Apple / Android Pay. Currency: All prices in CAD. Pricing does not include HST or applicable government filing fees.

Some Examples of Common Document Types (contact us with questions)

Notarization or Commissioning – In-person or Remote – Bring your own document(s)

Pricing is based on signatures, not pages. A five page document with 1 signature is the same price as a one page document with one signature.

In-Person Notarization / Commissioning – $37.95 first notary signature
Additional notary signature – $19.95 for second signature
Additional notary signatures – $10.95 each signature
Digital Scan of Notarized Document by Email (Downloadable File) – $7.95 per document
Video Record of Online Signing – $7.95 per signing
Print & Regular Mail – $9.95 per document
Print & Xpress Registered Mail – $59.95

Note: Due to changes during the recent pandemic, notary and commissioning services may now be available as an online virtual experience rather than as an in-person experience. Welcome to the 21st century. That said, we cannot notarize Certified True Copy / Notarized Copy via Remote Online Notarization

MOBILE NOTARY PUBLIC SERVICE

Mobile service within City of Kitchener and City of Waterloo urban areas: $59.95 including first Notarization / Commission*. Subsequent signature $19.95, and $10.95 thereafter.
Mobile service outside city: call for quote
* Note: fees incurred for parking or other type incidentals are extra above regular fees.

DRAFTING & TEMPLATE SERVICES

Affidavits (OSAP, etc) / Invitation Letter / RIN Letter / Statutory Declarations

Draft only of document …………………………………………… $49.95 per document
Draft and notarization (In-person notary) …………………….. $84.95 per document
Draft and notarization (Remote Online Notary) ………………. $84.95 per document

EXTRA SERVICES | SPECIAL ADDITIONAL CHARGES

o Printing / Photocopying……………………………………………………. $1.00 per page
o Bulk Printing (10 pages or more) …………………………………………$24.95 up to 100 pages
o Digital scan of document(s) ………………………………………………..$7.95 per document
o Regular Mail Service……………………………………………………….. $5 per document
o Courier/ExpressMail………………………………………………………….Pricing varies by country
o Witness (when available) …………………………………………………. $9.95 per witness
o Exhibit with Affidavit ………………………………………………………. $4.95 per exhibit Proofreading & Editing Service …………………………………………….. $25.00 per document

Price List for Specialized Documents – WITNESSES REQUIRED

Last Will & Testament or Power of Attorney (POA)* / Separation / Divorce / Prenuptial Agreements / Cohabitation Agreements* (*2 witnesses required by Ontario law)

First notarized Will or POA / Divorce or Separation Agreement…………… $69.95
Additional or identical notarized copy of the above documents…………… $29.95 per copy VIRTUAL
Last Will and Testament (includes regular mail postage) – C$ 99.95
Power of Attorney (includes regular mail postage) – C$ 99.95 per bundle
Individual Bundle – 1 Last Will & Testament, 2 Power of Attorneys – C$ 149.95 per bundle
Couples Bundle – 2 Last Will & Testaments, 4 Power of Attorneys – C$ 249.95 per bundle
Affidavit of Execution …………………………………………………………… C$ 19.95 per document

*Online signings: Postage for return of counterpart signed copy is additional.
*Note: ‘POA for Personal Care’ and ‘POA for Property’ are different documents and charged separately.