Guide

What is a commissioner of oaths in Ontario?

A plain-language guide to commissioners for taking affidavits in Ontario: what they do, how they differ from a notary public, and how remote commissioning works.

The short answer

In Ontario, a commissioner for taking affidavits (often called a commissioner of oaths) is a person authorized under the Commissioners for taking Affidavits Act to administer oaths, affirmations and declarations. They confirm your identity, have you swear or affirm that the contents of your document are true, and sign the jurat.

Commissioner vs. notary public

A notary public can do everything a commissioner can, plus certify true copies and notarize signatures. Many everyday documents — affidavits, statutory declarations and sworn statements — only need a commissioner. If a receiving organization specifically asks for a notary seal, check with them first.

Can it be done by video?

Yes. Ontario Regulation 431/20 permits oaths and declarations to be administered remotely by audio-visual communication, provided the commissioner can see and hear you, confirm your identity and follow the required process. The jurat records that it was commissioned remotely.

What you need

Your unsigned document, valid government-issued photo ID, a phone or computer with a camera and microphone, and a quiet space. You sign during the live video call while the commissioner watches.

FAQ

Is a commissioner of oaths the same as a notary?
No. Every Ontario notary is also a commissioner, but a commissioner cannot notarize or certify true copies. Affidavits and statutory declarations usually only require a commissioner.
Is online commissioning legal in Ontario?
Yes. O. Reg. 431/20 allows commissioners to administer oaths and declarations remotely by video when the regulation's requirements are met.

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