- What is a notarization?
- What do I need to bring to my appointment?
- Will my information be kept confidential?
- What is the difference between a notary and a commissioner?
- What is the difference between oaths, affirmations and solemn declarations?
- What is the difference between affidavits and statutory declarations?
- Can a notary act as a guarantor for my passport application?
- What is the purpose of a consent to travel letter?
What is a notarization?
A notarization is a general, catch-all term that people often use for having a notary public sign a document and imprint his or her seal on it.
However, the thing to keep in mind is that there is a purpose behind the notarization; by notarizing the document, the notary is verifying something specific in relation to the document. Therefore, a notary will not notarize your document for the sake of just placing a seal on it. The notary's seal will be accompanied by some sort of certification statement that says what the notary has verified.
For example, if we certify a photocopy of a document for you, we will either stamp the document or attach a cover sheet with a statement that we have verified the genuineness of the photocopy. For other documents, we may state that you have signed the document in the our presence or that we have administered to you the proper oath or affirmation with respect to the contents of the document.
Usually, the document will clearly spell out what the notary is supposed to verifying; for affidavits and statutory declarations with respect to which an oath/affirmation or solemn declaration is administered, this section is called a "jurat" and for all other documents, this section is normally called an "acknowledgment". If, however, you are asked to have a document notarized and it does not contain such a section, you may need to obtain further instructions from the organization that is receiving the document regarding what the notary should be verifying.
After the notary has administered an oath or solemn affirmation, compared a copy of your document with the original, or witnessed your signature on a document, he or she will sign the document and imprint his or her seal on it. It is important to make sure that both the notary's seal and signature are on the document, since both of these are on record with the Ontario government should you need to confirm the notary's status.
What do I need to bring to my appointment?
Photo Identification
Please bring at least one form of photo identification bearing your signature, for example, a driver's licence, health card or passport. In the case of mortgage and land transfer documents, the notary may need to see specific forms of photo ID before verifying your identity so please read the instructions in these documents carefully.
For Certified Copies
For certified photocopies, please bring the original document as we are not permitted to certify a photocopy without inspecting the original. It is not necessary to bring your own photocopy unless you prefer to have a colour copy of your document.
For Other Documents
For other documents, please leave all signature lines blank. If you have already signed the document, the notary will ask you to sign it again in his or her presence. All parties executing the document must be present before the notary unless there are separate acknowledgements or jurats for each person. Other than the signature line and the acknowledgement or jurat, please complete all other portions of the document that need to be filled in by you. The notary will not sign an incomplete document.
Additional Witnesses
Some documents may require that additional people, other than the notary, witness your signature. Please let us know when you are scheduling an appointment if you will need additional witnesses to attend.
Will my information be kept confidential?
Yes. We treat all our notarization appointments, and all the information derived from them, as confidential.
By the nature of what we do, we collect and retain personal information. At the very least, we ask each of our clients for one piece of photo identification and keep a photocopy for our records. We also keep a photocopy of the documents that we notarize or commission.
We fully respect the privacy of your personal information and take precautions to ensure that your privacy is not breached. The only people with access to any personal information about you are the owners and employees of our company, and this access is strictly on a need-to-know basis. Furthermore, we will not disclose your personal information in any manner to anyone, unless we are compelled to do so by a valid court order.
As with any business or organization that collects personal information, our privacy practices are regulated by the Personal Information Protection and Electronic Documents Act. But beyond that, since our notaries are also lawyers, we are accountable to the confidentiality and professional responsibility standards of the Law Society of Upper Canada.
If you have any questions regarding our privacy practices, please contact us.
What is the difference between a notary and a commissioner?
A notary public and a commissioner of oaths are both public officials who are granted the authority to do certain things by provincial statutes. For notaries, the governing statute is the Notaries Act (Ontario) and for commissioners, it is the Commissioners for taking Affidavits Act (Ontario).
The powers of a commissioner of oaths are limited to acts involving affidavits and statutory declarations. A commissioner of oaths is authorized to administer oaths and affirmations for affidavits and to administer solemn declarations for statutory declarations. Commissioners can also take affidavits and statutory declarations.
The powers of a notary public encompass those of a commissioner of oaths. In addition to administering oaths/affirmations/solemn declarations and taking affidavits and statutory declarations, a notary can certify copies of documents, witness the signing of documents, and attest documents and commercial instruments.
Many commissioners and most notaries are lawyers. Lawyers are automatically commissioners of oaths by default and, therefore, do not have to register with the provincial government to commission documents. They are also automatically qualified to be a notary public, but in order to notarize documents, they must first register with the provincial government. Therefore, if you have a lawyer, he or she is a commissioner of oaths but is not necessarily a notary public.
Non-lawyers can also be commissioners and notaries, but they must apply to be appointed by the Ontario government and they must meet certain criteria. The criteria for a non-lawyer to be a notary public are stricter than the criteria to be a commissioner of oaths. Notaries and commissioners who are not lawyers are restricted in terms of the length of their appointments and by the scope of the territory and situations under which they may exercise their powers. These restrictions will be indicated in the their commissioner or notary stamp. However, notaries and commissioners who are lawyers have their powers for an unlimited duration (as long as they remain lawyers), and their statutory powers are not limited to certain situations and territories. Therefore, they do not have to place such a stamp on the documents they notarize or commission, although they must always imprint their seals.
You can find additional information from the links to the relevant statutes and government bodies on our links page
What is the difference between oaths, affirmations and solemn declarations?
Oaths, affirmations and solemn declarations are essentially the same. When you give an oath, affirmation or solemn declaration with respect to a particular document, you are stating, under the penalty of perjury, that the contents of the document are true to the best of your knowledge. Although the circumstances in which you give the oath, affirmation or declaration may be informal - for example, you may be sitting in an office in your shorts and t-shirt instead of a courtroom in front of a judge - the legal effect and the legal consequences are the same as if you gave the oath, affirmation or declaration in court. The penalty for giving a false oath, affirmation or declaration is a maximum of fourteen years imprisonment.
The seriousness of the purpose and the consequences of oaths/affirmations and declarations is why they must be administered by an official authorized to administer them, not your next door neighbour. Having a notary public or a commissioner of oaths administer the oath/affirmation/declaration ensures that it will be administered properly and that the official can be called into court later, if neccessary, to testify that it was given by you.
By administering the oath, affirmation or solemn declaration, the notary or commissioner is not verifying that the contents of your document are true, only verifying that you gave the oath, affirmation or solemn declaration. However, if the situation is such that notary or commissioner knows that you are giving a false oath, affirmation or declaration but signs the document anyway, he or she also faces severe penalties, which include a maximum of two years imprisonment.
The difference between oaths, affirmations and declarations is in the legal terms. Oaths and affirmations are given with respect to affidavits, while solemn declarations are given with respect to statutory declarations. When an oath is administered for an affidavit, the official is supposed to hand you a Bible and ask you, "Do you swear that the contents of this affidavit as subscribed by you are true? So help you God." An affirmation is a non-religious version of an oath. When an affirmation is administered with respect to an affidavit, the official is supposed to ask you, "Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?" For affidavits, our notaries generally administer affirmations, unless you specifically ask us to administer an oath.
Finally, a solemn declaration is a version of an oath that is administered specifically with respect to statutory declarations. When a solemn declaration is administered, the official will ask you, "Do you make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath?" Whether an oath, affirmation or solemn declaration is administered, you must be physically present before the notary or commissioner. Also, the notary or commissioner must confirm your identity with proof, unless he or she already knows you.
What is the difference between affidavits and statutory declarations?
Affidavits and statutory declarations are written statements verified by your oath or solemn declaration that the statements are true. The key features of both affidavits and statutory declarations is that they are legal documents intended to establish legal rights and in order to do so they must be validated with the proper oath/affirmation or solemn declaration.
Again, the difference between affidavits and statutory declarations is in the legal terminology. Statutory declarations are used when there is no legislative authority for using an affidavit. In general practice, affidavits are used in court proceedings as written testimony and to introduce evidence. Statutory declarations are more commonly used for other situations in which a particular organization or government body wants you to put specific statements in writing and be held legally responsible for the truth of those statements. When you make an affidavit, the notary public will administer an oath or an affirmation. When you make a statutory declaration, the notary will administer a solemn declaration.
Can a notary act as a guarantor for my passport application?
A notary public can only act as a guarantor for your passport application if he or she has known you for at least two years. If you do not have an eligible guarantor (ie. someone from Passport Canada's designated group of individuals - such as doctors, dentists, pharmacists, police officers, professional engineers, lawyers, notaries public - who has known you for at least two years and is a Canadian citizen living in Canada), then you can fill out a Statutory Declaration in Lieu of Guarantor (Form PPT 132), which must be sworn or declared before a person authorized to administer oaths/affirmation and solemn declarations. This form is available at any passport office.
Therefore, please keep in mind that our notaries will not act as a guarantor for your passport application, but will administer a solemn declaration with respect to the contents of your Statutory Declaration in Lieu of Guarantor if you do not have an eligible guarantor. For links to information about guarantors and about Canadian passports in general, please visit our links page.
What is the purpose of a consent to travel letter?
A consent to travel letter is used for situations in which a minor is travelling to another country without both parents. It is a letter of permission from the absent parent authorizing the minor to travel out of the country without that parent. Border officials in Canada and in many other countries have become increasingly vigilant about stopping international child abduction, and it is heavily recommended that a minor travelling to a foreign country carry a notarized consent letter in order to show that the minor has permission to travel without both parents or with only one parent. Please visit our links page for links to additional information about travelling with minors.