At some point, most Ontario residents encounter a document that requires a sworn signature before a Commissioner of Oaths. Whether it is an affidavit for a court proceeding, a statutory declaration for a government application, or a sworn statement required by an insurer, the role of the Commissioner of Oaths is one that comes up regularly in everyday legal and administrative life. Yet most people have only a vague understanding of what a Commissioner actually does, what authority they hold, and what situations require their services.

MTS Paralegal Services P.C. provides Commissioner of Oaths and Notary services to clients across Kitchener, Waterloo, Cambridge, Guelph, Hamilton, and Southwestern Ontario. This overview covers everything a person needs to know before walking into that appointment.

What Is a Commissioner of Oaths in Ontario?

A Commissioner of Oaths is a person authorized by the Province of Ontario to administer oaths, affirmations, and statutory declarations, and to take affidavits from individuals who are swearing or affirming that the contents of a document are true. The authority to act as a Commissioner of Oaths in Ontario is granted under the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17. Commissioners are appointed by the Ontario government and must meet specific eligibility requirements.

Importantly, every licensed lawyer and paralegal in good standing with the Law Society of Ontario is automatically a Commissioner for Taking Affidavits by virtue of their licence. This means that when a client attends MTS Paralegal Services P.C. for commissioning services, they are working with a legally authorized professional whose authority to administer oaths flows directly from the Law Society Act and the Commissioners for Taking Affidavits Act. No separate appointment process is required for licensed paralegals.

What a Commissioner of Oaths Can and Cannot Do

The authority of a Commissioner of Oaths in Ontario is specific and limited. A Commissioner can administer an oath or affirmation to a person who is signing an affidavit, statutory declaration, or other sworn document. The Commissioner verifies the identity of the person appearing before them, asks the person to swear or solemnly affirm that the contents of the document are true, witnesses the signature, and completes the commissioning certificate on the document. This process transforms a written statement into a legally sworn document.

What a Commissioner of Oaths cannot do is equally important to understand. A Commissioner does not certify that the statements in the document are actually true. The commissioning process attests only that the oath or affirmation was properly administered and the signature was witnessed. A Commissioner also cannot certify true copies of original documents or notarize documents intended for use outside of Ontario or internationally. Those functions require a Notary Public, who holds broader authority under the Notaries Act, R.S.O. 1990, c. N.6.

Commissioner of Oaths vs. Notary Public: What Is the Difference?

The terms Commissioner of Oaths and Notary Public are frequently used interchangeably, but they are not the same thing under Ontario law. A Commissioner of Oaths is authorized to administer oaths and take affidavits and statutory declarations, primarily for use within Ontario or Canada. A Notary Public holds all of those powers and more, including the authority to certify true copies of original documents, authenticate signatures, and prepare notarial certificates for documents that will be used outside of Ontario or outside of Canada.

The practical rule is straightforward: every Notary Public can perform the functions of a Commissioner of Oaths, but a Commissioner of Oaths cannot perform every function of a Notary Public. If a document is required for a domestic court proceeding, a government application, or an insurance purpose within Ontario, a Commissioner of Oaths is typically sufficient. If the document is destined for use internationally or requires certified true copies, a Notary Public should be consulted instead. Submitting a commissioned document where a notarized one is required can result in rejection, delay, and the need to repeat the process entirely.

When Do You Need a Commissioner of Oaths?

A Commissioner of Oaths is required whenever a document specifies that it must be sworn or affirmed before an authorized commissioner. Common situations where commissioning is required in Ontario include affidavits for Small Claims Court proceedings, statutory declarations required by government agencies, affidavits of service confirming that legal documents have been delivered to the opposing party, insurance-related sworn statements such as proof of loss declarations, and various declarations required by banks, employers, or other institutions.

The process of being commissioned requires the person to appear in person before the Commissioner, bring valid government-issued photo identification, and refrain from signing the document until they are in the Commissioner’s presence. Signing a document before appearing before a Commissioner and then presenting it as if it were properly commissioned is a serious error that can render the document invalid and in some circumstances may constitute an offence. The Commissioner must personally witness the signature and administer the oath or affirmation at the time of signing.

Where to Find a Commissioner of Oaths in Ontario

Commissioners of Oaths can be found at courthouses, ServiceOntario locations, municipal offices, law firms, and paralegal offices across Ontario. As noted on the Ontario government’s official resource page, licensed paralegals are automatically commissioners for taking affidavits, making paralegal offices a convenient and accessible option for individuals who need documents commissioned quickly and professionally.

MTS Paralegal Services P.C. provides Commissioner of Oaths and Notary services for individuals and businesses across Southwestern Ontario. Whether the document is needed for a court proceeding, a government application, or another legal purpose, the firm ensures that every commissioning is handled correctly and efficiently. Reach out through the contact page or call (226) 444-4882 to schedule an appointment.

The right commissioner makes the difference between a document that works and one that does not.

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