Commissioner of Oaths
Commissioner of Oaths in Ontario
What does a commissioner of oaths actually do?
The commissioner’s job is to make your written statement legally sworn. I confirm who you are, make sure you understand that you are swearing or affirming the truth of the contents, watch you sign, then complete the jurat, the short block at the end that records where and when the oath was taken, and add my signature and stamp. From that moment your statement carries the weight of sworn evidence, and knowingly swearing a false one is an offence.
What documents need a commissioner?
Any document that must be sworn or affirmed rather than simply signed, including:
- Affidavits for Ontario courts: family, civil, small claims, estates
- Statutory declarations for IRCC, Service Ontario, Service Canada and other agencies
- Declarations of common-law union and marital status
- One-and-the-same-person and name discrepancy declarations
- Insurance proof-of-loss and lost document declarations
- Sworn financial statements and income declarations
- Consent and guardianship declarations
- OSAP and school-related sworn forms
Courts, banks, insurers and government offices each have their own formatting habits. Because I read sworn documents for a living, I will flag anything that looks likely to bounce before you swear it.
Oath or affirmation, and does it matter which?
An oath is sworn with religious meaning; an affirmation is a solemn non-religious promise to tell the truth. Ontario law treats them identically, and you choose whichever you prefer. I will simply ask which you would like before we begin, and the jurat is worded to match.
Can I swear my affidavit by video?
Often, yes. Ontario Regulation 431/20 allows a commissioner to take affidavits and statutory declarations remotely by live video, provided specific safeguards are followed. Here is how I run a remote commissioning:
- You email the document to info@notarybylawyer.ca in advance so I can review it and confirm it is eligible.
- We meet on a secure video call. You show your government photo ID on camera and hold up each page.
- You sign while I watch on video, then I complete a jurat that states the oath was administered remotely in accordance with O. Reg. 431/20.
- Depending on what the recipient accepts, you either courier me the wet-ink original to countersign or we complete the process electronically.
Two honest caveats. First, only affidavits and statutory declarations qualify; notarial acts like seals and certified true copies cannot be done by video, and nothing bound for an apostille can be. Second, some courts, lenders and foreign agencies still insist on in-person commissioning, so check with your recipient before booking a video slot. When in doubt, in person is always safe.
How is a commissioner different from a notary public?
A commissioner can take oaths, affidavits and statutory declarations. A notary public can do all of that plus notarize signatures, certify true copies and attest documents for international use. Because I am a lawyer, I hold both roles at once, so you never have to guess which one your document needs. The full breakdown is in my guide, Notary Public vs Commissioner of Oaths in Ontario.
What should I bring to a commissioning appointment?
Bring the complete document with every page and exhibit, unsigned, plus one piece of valid government photo ID. If your affidavit refers to attachments, bring those too so I can mark them as exhibits properly. Do not sign anything beforehand; the law requires the signature to happen in my presence, whether that presence is physical or by video.
What does commissioning cost?
Swearing or affirming your first affidavit or statutory declaration is $39 . Each additional sworn document in the same visit is $19 . Exhibit stamps are included, not billed per page. Remote video commissioning is $45 including the document review beforehand.
Where else can documents be commissioned, and when is a lawyer worth it?
Being straight with you: some MPP constituency offices and municipal service counters commission certain domestic forms free or nearly free, and for a simple pension form with time to spare, that can be all you need. People book me instead in three situations. The document has consequences, court evidence, immigration files, financial declarations, where a defect costs weeks. The schedule is tight, because I offer same-day, evening, mobile and video options. Or the paperwork is layered, an affidavit plus exhibits plus a certified copy plus notarization for abroad, and one appointment with someone holding every office beats three trips.
Which mistakes make sworn documents fail?
A short list I check on every document: signing before the appointment, which invalidates the oath; a jurat missing the city or date; exhibits referenced but never attached or never stamped; corrections made after swearing without re-execution; and a deponent name that does not match the identification presented. Each one is fixable in minutes at the desk and expensive to fix after filing.