Notary Public in Ontario: What They Actually Do, and When You Need One

• by Gagandeep Singh Arora
• September 29, 2026

Notary Public in Ontario: What They Actually Do, and When You Need One

Introduction

At some point, almost everyone in Ontario needs a document “notarized” — a power of attorney, a document going overseas, a statutory declaration for OSAP, a form for a vehicle transfer. And almost everyone runs into the same confusion at the counter: is this a notary’s job, a lawyer’s job, or a commissioner of oaths’ job? The terms get used interchangeably online, but in Ontario, they are not the same thing — and using the wrong one can get your document rejected by the exact institution you were trying to satisfy.

A notary public in Ontario certifies documents and administers oaths for use both in Canada and abroad, while a commissioner of oaths can only witness affidavits and statutory declarations for domestic use — and, critically, only a commissioner’s work can currently be done remotely by video. A notary’s certification requires in-person attendance every time. That single distinction resolves most of the confusion people run into.

This guide explains exactly what a notary public does in Ontario in 2026, how notarization differs from commissioning, what can and can’t be done remotely, and what to expect if your document is headed outside Canada.

What Does a Notary Public Do in Ontario?

A notary public is a person legally appointed under Ontario’s Notaries Act to certify documents, administer oaths, and attest to the authenticity of signatures — services that are frequently required both for domestic legal matters and, importantly, for documents that need to be recognized outside Canada.

A notary’s core functions include:

• Certifying true copies of original documents — confirming that a photocopy is a genuine, unaltered copy of the original
• Witnessing signatures on legal documents and confirming the signer’s identity
• Administering oaths and affirmations
• Notarizing documents for use in a foreign country, where the receiving country requires a notarial certificate rather than a simple commissioned affidavit

In Ontario, most notaries public are lawyers or licensed paralegals, since being in good standing with the Law Society of Ontario carries automatic notarial authority in most circumstances. This is different from many U.S. states, where notary public is a separate, standalone appointment open to almost anyone who passes a short course.

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

This is the single most common point of confusion, and it’s worth being precise about it, because the wrong choice genuinely causes documents to be rejected.

	Notary Public	Commissioner of Oaths
What they do	Certify true copies, notarize documents, witness signatures, administer oaths	Administer oaths and affirmations, witness affidavits and statutory declarations
Where the document is used	Can be used domestically and internationally	Domestic use only, within Ontario or Canada
Can it be done remotely?	No — in-person attendance is required for all notarial acts	Yes — permitted by video under Ontario Regulation 431/20
Who can act as one	Lawyers and licensed paralegals in good standing (automatic), or a specific Ministry appointment for others	Lawyers, licensed paralegals, and certain other appointed individuals

In plain terms: if your document is staying in Ontario or Canada — an affidavit for a family court matter, a statutory declaration for a government program, a document for a vehicle transfer — you generally need a commissioner of oaths, and this can typically be done by video. If your document is going outside Canada — for use with a foreign employer, a foreign court, a foreign school, or a foreign government agency — you generally need a notary public, and this will require an in-person appointment.

Every lawyer who is a commissioner is not automatically a notary for every purpose, and every notary is not automatically able to help with every kind of commissioning. If you’re not sure which one your specific document requires, checking with the receiving institution before your appointment saves a wasted trip.

Who Can Notarize or Commission a Document in Ontario?

Ontario’s rules on who holds this authority have actually shifted meaningfully in the past few years, and again as recently as this year.

• Lawyers and licensed paralegals in good standing with the Law Society of Ontario are automatically commissioners for taking affidavits by virtue of their office, and are also eligible for a full notary public appointment under the Notaries Act.
• As of March 1, 2026, articling students and Law Practice Program candidates are also commissioners by virtue of office, though this authority is restricted to work performed during their formal placement.
• Other individuals — corporate compliance officers, municipal clerks, certain government officials — can apply for a restricted notary or commissioner appointment through the Ministry of the Attorney General, limited to documents connected to their specific role.

For most people walking in off the street needing a document handled, the practical answer is the same either way: a lawyer’s office is almost always able to provide both notarization and commissioning under one roof, which avoids the guessing game entirely.

Common Documents That Need Notarization or Commissioning

Some of the documents our clients in Brampton and the GTA bring in most often include:

• Affidavits for family court, civil litigation, or government program applications
• Statutory declarations, including common-law relationship declarations for government or immigration purposes
• Powers of attorney, particularly those being used for a property transaction or being sent abroad
• Certified true copies of passports, diplomas, or other original documents, often needed for school or employment applications
• Real estate closing documents, where a party can’t attend in person to sign
• Corporate documents, such as certified copies of articles of incorporation or board resolutions for use with a foreign bank or regulator
• Documents destined for a foreign country, including invitation letters, consent-to-travel letters for a child travelling with one parent, or academic transcripts

If you’re not certain which category your document falls into, that uncertainty alone is a good reason to have it reviewed before your appointment rather than after — see our guide on when and why you should seek legal assistance for property transactions for how this plays out specifically in real estate closings, where notarized documents come up often.

Can You Get Documents Notarized Online in Ontario in 2026?

This is where a lot of online information gets genuinely misleading, so it’s worth being direct.

Commissioning can be done remotely. Notarization cannot.

Since 2020, Ontario Regulation 431/20, made under the Commissioners for Taking Affidavits Act, has permitted commissioners to administer oaths and witness affidavits and statutory declarations over live, two-way video — and this is now permanent, not a temporary pandemic measure. The process requires the commissioner to verify your identity against government-issued photo ID shown on camera, in a real-time session where both parties can see and hear each other. It cannot be done asynchronously by uploading a signed video recording after the fact — Ontario’s model requires everyone present live, simultaneously.

Full notarization, by contrast, still requires in-person attendance in Ontario. There is currently no “remote online notarization” model in Ontario of the kind available in some U.S. states, where a notary can complete the entire certification process online from start to finish. If your document requires a notary’s certification — particularly anything headed outside Canada — plan for an in-person appointment.

This distinction matters most when you’re on a deadline. A statutory declaration needed quickly for a government program can often be handled the same day by video. A notarized document needed for a foreign school or employer cannot be rushed the same way, since it requires you to physically attend.

Using a Notarized Document Outside Canada: Apostilles and Authentication in 2026

If your document is genuinely headed abroad, notarization alone is often only the first step.

Canada joined the Hague Apostille Convention on January 11, 2024, which significantly simplified how Canadian documents are recognized in other member countries. Instead of the older, multi-step “authentication and legalization” process — which could involve a provincial authority, a federal authority, and the destination country’s embassy in sequence — most documents now only need a single apostille certificate.

A few practical points worth knowing before you start this process:

• Canada splits apostille authority between the federal government and the provinces. Ontario has its own designated authority — Ontario’s Official Documents Services — rather than routing every request through Global Affairs Canada in Ottawa. Sending an Ontario document to the wrong office is one of the most common reasons apostille requests are delayed or returned.
• The apostille only works for countries that are members of the Convention — currently over 125 countries, including the United States, the United Kingdom, Australia, and most of Europe. If your destination country isn’t a member, the older two-step authentication and embassy legalization process still applies.
• The document usually needs to be notarized (or be an original government-issued document) before it can receive an apostille — the apostille authenticates the notary’s or official’s signature and seal, not the underlying content of the document itself.

If you’re preparing documents for an immigration matter specifically, see our companion content on spousal sponsorship processing and documentation, since document authentication questions come up constantly in sponsorship and permanent residence files.

What to Bring to a Notary or Commissioning Appointment

Coming prepared avoids the most common reason appointments get rescheduled:

• Valid, unexpired government-issued photo ID — a driver’s licence or passport, matching the name on the document being signed
• The original document, not just a copy, where a certified true copy is being requested
• Do not sign the document in advance. For an affidavit or statutory declaration, the signing itself has to happen in front of the commissioner or notary — a document signed beforehand generally has to be re-signed at the appointment
• Know your destination country or receiving institution’s specific requirements in advance, since some foreign governments and institutions have their own particular formatting or certification requirements beyond Ontario’s standard notarial certificate

Do You Need a Lawyer, or Just a Notary?

For a straightforward affidavit or certified copy, you don’t necessarily need to retain a lawyer for the underlying matter — many people simply need the notarial or commissioning service itself, separate from any legal advice.

That said, there are situations where combining the two genuinely matters:

• A power of attorney should generally be reviewed by a lawyer before it’s signed and witnessed, since a poorly drafted POA can create real problems later — see our wills and estates services for how this fits into broader estate planning.
• A document connected to a real estate transaction — a power of attorney to complete a closing, a statutory declaration about marital status affecting title — should be reviewed by the real estate lawyer already handling the file, not signed separately without their knowledge. See our real estate law services for how this connects to a closing in progress.
• A document for a family law matter, such as a statutory declaration of separation date or common-law status, often carries real legal weight beyond the simple act of signing it — our family law team frequently reviews these before they’re commissioned, not after.

Where the document is purely administrative — a certified copy of a diploma, a simple affidavit for a straightforward government form — a standalone notarization or commissioning appointment is usually all that’s needed.

Frequently Asked Questions

Conclusion

The confusion between “notary,” “commissioner of oaths,” and “getting something notarized” is genuinely understandable — the terms get used loosely everywhere except in the actual legislation governing them.

The distinction that matters most in practice is simple: staying in Canada and need it fast, a remote commissioner can likely help. Going abroad, plan for an in-person notary appointment, and possibly an apostille after that.

If you’re not sure which service your document actually requires, or you need a power of attorney, real estate document, or family law declaration reviewed before it’s signed and witnessed, contact GS Arora Law — our team in Brampton handles notarization, commissioning, and the underlying legal work together.