What Does It Mean to Notarize a Document in Ontario

Being told a document needs to be notarized is one of those requests that arrives with no explanation. A bank, a school, an embassy, or a government office asks for it, and you are left wondering what it actually involves and who can do it. Here is what notarization means in Ontario, when you need it, and how to arrive prepared.

What notarizing actually does

Notarizing is a formal verification carried out by a notary public. The notary checks your identity, watches you sign where a signature is required, and then applies their seal and signature to confirm what took place. The seal is what gives the document weight with the organization receiving it.

It is worth being clear about what notarization does not do. A notary is not confirming that the contents of your document are true, or that the deal it describes is a good one. They are verifying identity, signatures, and copies. The substance of the document remains yours.

The three things a notary is usually asked to do

• Certify a true copy. The notary compares a photocopy against the original and certifies that the copy matches. This is the most common request, and it comes up constantly for passports, diplomas, birth certificates, and licences.
• Witness and attest a signature. The notary confirms that you signed the document and that you are who you say you are.
• Administer an oath or take a declaration. This applies to affidavits and statutory declarations, where you swear or affirm that what is written is true.

Notary public or commissioner of oaths

This is where most of the confusion sits, and getting it wrong means a wasted trip. Ontario has two separate roles.

A commissioner for taking affidavits can administer oaths and take affidavits and statutory declarations. In Ontario every licensed lawyer and paralegal is automatically a commissioner by virtue of their office, with no application and no fee. Commissioners cannot certify true copies, and their authority is generally limited to documents used within Ontario or Canada.

A notary public is appointed separately under the Notaries Act. A notary can do everything a commissioner can do, and can also certify true copies and attest to the execution of documents. Notarized documents are what institutions generally require when a document is going outside the province or outside the country.

The simplest way to decide is to read the instructions from whoever is asking. If they say commissioner for taking affidavits, commissioning is enough. If they say notarized, notary public, or certified true copy, or the document is heading somewhere outside the province, you need a notary.

When people usually need a notary

• Certified copies of identification for a bank, a lender, a school, or a professional body.
• Documents going to another country, including consular and immigration paperwork, and documents for property or family matters abroad.
• Travel consent letters for a child travelling with one parent or another adult.
• Statutory declarations and affidavits for insurance claims, name usage, or government applications.
• Real estate and estate documents where an institution requires a notarial seal.

Is a notarized document legally binding

This is one of the most common questions and the answer surprises people. Notarization does not make an agreement binding on its own. Whether a contract binds you depends on the agreement itself and the law that applies to it. What notarization does is make the document far harder to dispute, because there is an independent record that you signed it, that your identity was verified, and when it happened. Some documents also simply will not be accepted without it, which is usually why you are being asked.

What to bring to your appointment

• Two pieces of identification, including at least one government issued photo identification.
• The original document, plus any copy you need certified. A notary cannot certify a copy without seeing the original.
• Any written instructions from the organization requesting the notarization, since they often specify exact wording.
• Do not sign in advance if a signature needs to be witnessed. The notary has to watch you sign.

If your document has blank spaces, ask the receiving organization in advance whether those need to be completed before signing. Blanks are a common reason a document is sent back.

What does a notary cost

Notarial fees are usually charged per service rather than per document, so the cost depends on what you need done. These are the current fees at James Deep Law.

Please note that payment cannot be made by debit or credit card. If you are not certain which service your document needs, call the office before you come in and we will tell you, which saves a second trip.

Notary and commissioning services in Oakville

James Deep Law provides notary public and commissioning services in Oakville for individuals and businesses, including certified true copies, affidavits and statutory declarations, travel consent letters, and documents destined for use outside Canada. If you are unsure whether you need commissioning or notarization, call the office and ask before you make the trip. Either way, we offer both.

Frequently asked questions

This article provides general information about Ontario law and is not legal advice. For advice about your own situation, please contact James Deep Law.