Notarizing and Commissioning Services

Notarizing and Commissioning Services | Toronto & Durham Region


If you need notarizing and commissioning services, our team can help. It’s common to confuse these terms, but it’s important to understand the difference since it can cost more money unnecessarily, cause delays in completing documents, and could result in the document you submitted being rejected.

The lawyers at Doss Law are both Toronto Notaries Public, and the Commissioners of Oaths; this means we are qualified to perform notary services for clients who require a signature from a registered notary. This includes administering oaths, swearing affidavits and statutory declarations, witness, attest and authenticate the execution of documents.

All parties who are required to sign must be present at our office to sign in front of the commissioner/notary and must provide two pieces of personal identification which includes one valid government issued identification.

At Doss Law we are committed to making the process of notarizing and commissioning of oath as easy -and affordable- as possible. Serving clients throughout the Greater Toronto Area and Durham Region, we’re ready to assist you with all legal matters involving notarizing and commissioning services. Contact us today for a free consultation.

Notarizing & Commissioning Services

What is the difference between a notary public and a commissioner of oaths?

A commissioner of oaths is limited to administer oaths and take affidavits under Commissioner for Taking Affidavit Act. A notary public has much broader authority under the Notaries Act, this includes the power to “notarize” copies of documents.

At Doss Law, our lawyers can administrate both functions of a notary public and a commissioner of oaths.

Affidavits

An affidavit is a legal document where a person, typically referred to as an “affiant” or “deponent” makes a sworn statement, this could be about a fact or series of facts, indicating that the statements are true. The affidavit is the written equivalent of giving oral evidence in court. In order for the affidavit to be valid, the affidavit needs to be sworn before a Commissioner of Oaths or a Notary Public. Typically, an affidavit is used in a court setting such as small claims court, family and/or civil court. An example for outside of court use of an affidavit would be for transferring ownership of a used vehicle to another person.

Statutory Declarations

Just like the Affidavit, the statutory declaration is a statement of facts that has been written down and the “declarant” solemnly states to be true before signing it. The statutory declaration must be witnessed by an authorized person.

Letter Of Invitation

If you are looking to invite friends or relatives from other countries to visit you in Canada, you may be required to send them a letter of invitation to be used with their application for a Temporary Resident Visa (visitor Visa). This letter must be prepared by a Canadian resident who wishes to invite a foreign national.

At Doss Law, our immigration lawyers can draft the invitation letter for you based on the country of origin of the foreign national of the invitee, as Citizenship and Immigration Canada has a country specific requirement for the visa application. Alternatively, if you have a letter prepared, we can notarize the letter for you.

Travel Consent Letter

A travel consent letter is a document that is often required by governments when children under 18 years of age travel without both parents. The consent of the parent is often notarized to proof the authenticity of the letter.

FAQs About Notarizing & Commissioning

What's the difference between an Affidavit and a Statutory Declaration?

The difference between the affidavit and the declaration is that the statutory declaration is declared where’s the affidavit is sworn to be true. The statutory declaration is more commonly used outside of court settings. These types of declarations are made subject to the provisions of certain legislation. Some common statutory declarations are:

    • Statutory declarations confirming identity
    • Statutory declarations confirming a document has been lost or stolen
    • Statutory declaration in lieu of a guarantor for passport processing
    • Statutory declarations regarding the ownership of property, and
    • Statutory declarations confirming marital status

Although a statutory declaration is not sworn, both the statutory declaration and affidavit must be based on truth and has the same force of effect as if made under oath. A misrepresented fact under either document is an offence, as such seeking professional assistance when preparing an affidavit or a statutory declaration is crucial. Contact us and we would be happy to assist you with drafting the appropriate documents.

Can a Notary Public Help Me with My Permanent Resident Card Application?

When applying for a PR card, an applicant must have their application, photo, and, if applicable, copies of documents confirming their identity signed by an eligible Guarantor. If you do not know a qualified guarantor for your permanent resident application, a notary public can administer the oath for the statutory Declaration in Lieu of Guarantor and have your photographs verified. You can complete your permanent resident application but must leave the Statutory Declaration in Lieu of Guarantor to be signed at our office.

Can a Notary Public Help Me with My Canadian Passport Application?

When applying for a Permanent Residence card, an applicant must have their application, photo, and, if applicable, copies of documents confirming their identity signed by an eligible Guarantor. If you do not know a qualified guarantor for your permanent resident application, a notary public can administer the oath for the statutory Declaration in Lieu of Guarantor and have your photographs verified. You can complete your permanent resident application but must leave the Statutory Declaration in Lieu of Guarantor to be signed at our office.

Does the Oath or Solemn Declaration Have to Be Commissioned in Person?

Yes. You must be present in our office to take an oath or solemn declaration in front of our notary public, who is qualified to take oaths. An oath or solemn declaration cannot be made over the telephone.

Can a Notary Public Apostille Documents?

No. Canada is not a signatory to the international treaty that allows for the apostilling of documents. An alternatively to apostilling documents is to have the notary public’s seal and signature authenticated and then legalized by the foreign consulate.

Call Doss Law today!

For more information or a free consultation for notarizing and commissioning services, our team of lawyers are proudly serving Canadians across Toronto, Pickering, Ajax, Whitby, & Oshawa.