UNDERSTANDING NOTARY PUBLIC SERVICES

What a Notary Public is, and why the role exists

Notarization is something most people only think about when they need it, whether for a court affidavit, a Power of Attorney, or a certified true copy for an important application. This guide explains what a Notary Public does, why the role exists, and the Ontario laws that govern notarial services.

THE BASICS

What a Notary Public does

A Notary Public is a person appointed by the province to perform official acts that verify the authenticity of documents and signatures. Their role is to provide assurance to those reviewing the document often people or institutions in another office, another province, or another country that the document and signing process have been properly verified.

WITNESSING

Witnessing signatures

The Notary verifies the signer’s identity using government-issued photo identification, witnesses the signing, and confirms that the signer understands the document and is signing voluntarily. The Notary’s signature and seal provide official confirmation that this process took place.

OATHS

Administering oaths & affidavits

In Ontario, a Notary Public also has the authority of a Commissioner for Taking Affidavits. This means they can administer oaths or affirmations and commission sworn statements that are relied upon by courts, government agencies, financial institutions, and other official organizations.

CERTIFYING

Certifying true copies

When an institution requires a copy instead of your original document such as a passport, diploma, or birth certificate a Notary Public can compare the photocopy with the original and certify that it is a true and accurate copy of the original document.

DOCUMENTS

Commercial & other instruments

Ontario's Notaries Act also gives notaries the power to draw, pass, and attest deeds, contracts, and other commercial instruments, which is why notaries have historically played a role in business and trade documentation, not just personal paperwork.


WHY IT MATTERS

Why notarization exists in the first place

Notarization is not simply a formality or paperwork for its own sake. It addresses two important gaps that commonly arise in legal and administrative processes.

Proving who signed, and that they meant it

A signature alone does not prove the identity of the signer or confirm that the person signed freely and knowingly. By verifying identification and witnessing the signing process, a Notary Public provides the receiving institution, whether a court, bank, foreign registrar, or government authority, with assurance that the document was properly signed, even though they may never witness the signing themselves.

A front-line check against fraud

Powers of Attorney, property transfers, and sworn affidavits are among the documents that can be vulnerable to fraud. Requiring a neutral, government-appointed official to verify identity and witness the signing process provides a deliberate and practical safeguard designed to protect the integrity of important documents.

Want to confirm a Notary Public's credentials before your appointment, with us or anyone else? In Ontario, most Notaries Public are also lawyers or paralegals licensed by the Law Society of Ontario, and you can look anyone up directly at lso.ca.


THE LEGAL BASIS

Ontario law behind the role

Notaries Public in Ontario are not a private certification or an association membership. The role comes from a specific provincial statute.

The Notaries Act

Notaries Public in Ontario are appointed under the Notaries Act, R.S.O. 1990, c. N.6. The Act gives the Attorney General of Ontario, or a delegate, the authority to appoint notaries, and it sets out their powers, including acting as a Commissioner for Taking Affidavits and attesting commercial instruments.

For non-lawyer notaries, an appointment generally runs for a three-year term and can be renewed. Lawyers and Licensed Paralegals in good standing with the Law Society of Ontario are appointed on a different track tied to their professional licence.

Notary vs. Commissioner of Oaths

The two roles overlap but aren't identical. A Commissioner of Oaths can administer oaths and take affidavits. A Notary Public has that same power plus more, including certifying true copies and attesting signatures for documents that will be used outside Ontario, which is usually the piece people actually need for international paperwork.

This page provides a plain language overview and is not legal advice. Laws and regulations may change over time. You can review the current official text of the Notaries Act yourself on CanLII, and verify that a Notary Public’s appointment is active and in good standing before relying on their services.


IN PRACTICE

What we notarize most often

Some of the documents and situations that come up regularly. If you don't see yours listed, ask, most personal, corporate, and government-facing documents can be notarized.

Note the important distinction: notarization makes a document trustworthy within Canada. If the document is headed to a foreign country, it will often also need an Apostille or authentication on top of the notarization. Our Apostille guide covers that next step.

READY WHEN YOU 

Have a document that needs Notarization?

Request an appointment for a specific time, or send an inquiry if you'd like to ask about your document first.