Commissioner of Oaths

A Commissioner of Oaths is an individual empowered by the Province of Ontario to administer and witness the swearing of oaths or solemn affirmations. Their role is essential for ensuring that affidavits and statutory declarations are legally valid for use in court or for other legal matters.

Core Responsibilities

Administering Oaths: Witnessing the swearing of an oath or a solemn affirmation for affidavits.
Witnessing Declarations: Verifying statutory declarations as required by specific laws or statutes.
Oral Testimony: Administering oaths for the taking of oral evidence.

Important Limitations

It is important to understand the distinction between the Commissioner's role and the content of your document:

Verification of Process, Not Content: The Commissioner only certifies that the oath or declaration was administered correctly.
No Guarantee of Truth: The Commissioner does not certify that the statements in the document are true. The deponent (the person swearing the oath) or declarant (the person making the declaration) remains legally responsible for the accuracy of the information provided.

Requirements for Commissioning.

To ensure a document is legally binding, Ontario law requires a specific procedure:

Physical or Virtual Presence: The deponent must appear before the Commissioner. While physical presence is the traditional standard, Ontario now permits virtual commissioning via video link, provided specific technological safeguards are met.
Identity Verification: The Commissioner must be satisfied with the authenticity of the deponent’s identity. This is typically done by comparing the deponent's signature against government-issued photo ID, such as a Passport or Driver’s Licence.
Signature Witnessing: The deponent must sign the document in the presence of the Commissioner (whether in person or via a secure video platform).

Commissioner vs. Notary Public.

While all Notaries Public in Ontario are also Commissioners of Oaths, the reverse is not always true.

Commissioners may have limited authority (e.g., a government employee limited to documents specifically related to their department).
Notaries generally have broader powers, including the ability to certify "true copies" of original documents.

Types of Oaths and Affirmations.

When a Notary Public or Commissioner of Oaths witnesses a document, the "deponent" (the person signing) must formally attest to the truth of the information. In Ontario, there are three primary ways to do this:

1. The Religious Oath

This is used if the deponent wishes to swear upon a holy book (such as the Bible, Quran, or Gita).

The Question: "Do you swear that the contents of this affidavit as subscribed by you are true, so help you God?"
The Response: "I do."

2. The Solemn Affirmation

If a deponent prefers not to use a religious oath for conscientious or personal reasons, they may choose to affirm. An affirmation carries the same legal weight as an oath.

The Question: "Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?"
The Response: "I do."

3. The Solemn Declaration

This is typically used for statutory declarations rather than affidavits.

The Question: "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?"
The Response: "I do."

Important Requirements

Identification: The deponent must present valid, government-issued photo identification to the Notary or Commissioner.
Presence: The deponent must appear before the Notary or Commissioner. This can be done through in-person attendance or via remote video communication, as permitted under Ontario law.
Understanding: The deponent must understand the contents of the document and the nature of the oath or declaration they are making.

Commissioner of Oaths

A Commissioner of Oaths is an individual empowered by the Province of Ontario to administer and witness the swearing of oaths or solemn affirmations. Their role is essential for ensuring that affidavits and statutory declarations are legally valid for use in court or for other legal matters.

Core Responsibilities

Administering Oaths: Witnessing the swearing of an oath or a solemn affirmation for affidavits.

Witnessing Declarations: Verifying statutory declarations as required by specific laws or statutes.

Oral Testimony: Administering oaths for the taking of oral evidence.

Important Limitations

It is important to understand the distinction between the Commissioner's role and the content of your document:

Verification of Process, Not Content: The Commissioner only certifies that the oath or declaration was administered correctly.

No Guarantee of Truth: The Commissioner does not certify that the statements in the document are true. The deponent (the person swearing the oath) or declarant (the person making the declaration) remains legally responsible for the accuracy of the information provided.

Requirements for Commissioning.

To ensure a document is legally binding, Ontario law requires a specific procedure:

Physical or Virtual Presence: The deponent must appear before the Commissioner. While physical presence is the traditional standard, Ontario now permits virtual commissioning via video link, provided specific technological safeguards are met.

Identity Verification: The Commissioner must be satisfied with the authenticity of the deponent’s identity. This is typically done by comparing the deponent's signature against government-issued photo ID, such as a Passport or Driver’s Licence.

Signature Witnessing: The deponent must sign the document in the presence of the Commissioner (whether in person or via a secure video platform).

Commissioner vs. Notary Public.

While all Notaries Public in Ontario are also Commissioners of Oaths, the reverse is not always true.

Commissioners may have limited authority (e.g., a government employee limited to documents specifically related to their department).

Notaries generally have broader powers, including the ability to certify "true copies" of original documents.

Types of Oaths and Affirmations.

When a Notary Public or Commissioner of Oaths witnesses a document, the "deponent" (the person signing) must formally attest to the truth of the information. In Ontario, there are three primary ways to do this:

1. The Religious Oath

This is used if the deponent wishes to swear upon a holy book (such as the Bible, Quran, or Gita).

The Question: "Do you swear that the contents of this affidavit as subscribed by you are true, so help you God?"

The Response: "I do."

2. The Solemn Affirmation

If a deponent prefers not to use a religious oath for conscientious or personal reasons, they may choose to affirm. An affirmation carries the same legal weight as an oath.

The Question: "Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?"

The Response: "I do."

3. The Solemn Declaration

This is typically used for statutory declarations rather than affidavits.

The Question: "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?"

The Response: "I do."

Important Requirements

Identification: The deponent must present valid, government-issued photo identification to the Notary or Commissioner.

Presence: The deponent must appear before the Notary or Commissioner. This can be done through in-person attendance or via remote video communication, as permitted under Ontario law.

Understanding: The deponent must understand the contents of the document and the nature of the oath or declaration they are making.

Note: Providing a false statement under oath or affirmation is a serious offence under the Criminal Code of Canada.