What is the difference between a notary public and a commissioner of oaths?
A commissioner for taking affidavits (also called a commissioner of oaths) only has authority to administer oaths and take affidavits. The authority is given under the Commissioner for Taking Affidavits Act. A notary public has much broader authority. A notary public can “notarize” copies of documents (verify as a true copy). Under section 3 of the Notaries Act, a notary public can also: “…exercise the power of drawing, passing, keeping and issuing all deeds and contracts, charter-parties and other mercantile transactions in Ontario, and also attesting of all commercial instruments….” Barristers and solicitors in Ontario are automatically commissioners for taking affidavits. They also have the automatic right to be notary publics; however, in order to exercise the notary public function, they must apply for and obtain a notary public seal.
