Notary Public,  Lawyer Mississauga

Notary Public & Commissioner of Oaths services

Documents are notarized to prevent fraud and facilitate proper execution. It is the responsibility of the Notary to make sure the persons signing are appearing before him/her and produce proper identifications. In Ontario Notaries Public and Commissioners of Oaths are governed by the Notaries Act and the Commissioners for Taking Affidavits Act. Notaries Public and Commissioners of Oaths in Ontario are appointed by the Attorney General of Ontario. By virtue of office, lawyers are commissioners for taking affidavits, administering oaths, affirmations, and declarations, a power that does not expire.

Notaries Act

The Notaries Act gives powers to Notaries Public in Ontario to witness or certify and attest the execution of a document, certify, and attest a true copy of a document, exercise the powers of a commissioner for taking affidavits in Ontario and exercise any other powers and perform any other functions specified by the regulations made under the Act.

Commissioners for Taking Affidavits Act

Under the Commissioners for Taking Affidavits Act, a commissioner of oaths may take any affidavit related to any proceeding before a court in Ontario and any application or matter made or pending before any judge of any court in Ontario. Commissioners also have the power to take declarations in cases in which they may be taken or required under any Act in Ontario.

Duty of Commissioners and Notaries Public

Section 9(3) of the Commissioners for Taking Affidavits Act provides that commissioners and notaries public shall ensure authenticity of the signature of the deponent or declarant and shall administer the oath or declaration as required by law prior to signing the jurat or declaration. Failure to follow the statutory guidelines in Section 9 of the Commissioners for Taking Affidavits Act will result in the invalidity of the declaration or affidavit and being found guilty of an offence under section 10 of the Commissioners for Taking Affidavits Act, and an indictable offence under section 138 of the Criminal Code of Canada.

Administration of oath and declaration in person

Section 9(1) of the Commissioners for Taking Affidavits Act provides that every oath and declaration shall be taken by the deponent or declarant in the physical presence of the commissioner or notary public.

Remote or Virtual Commissioning

Section 9(2) of the Commissioners for Taking Affidavits Act provides that an oath and declaration shall be taken without being in the physical presence of a commissioner if the statutorily laid down conditions for remote commissioning are strictly enforced. It is important to keep in mind that the legislations do not oblige a receiving party or organization to accept a document that has been commissioned remotely. YFLaw Professional Corporation would like to advise our clients to first verify with the receiving organization whether they are able to accept documents that have been commissioned remotely. If the receiving organizations are unsure or unable to accept remotely commissioned documents, we encourage our clients to contact us for in-person commissioning services. Further, YFLaw Professional Corporation follows the guidelines contained in the Best Practices for Remote Commissioning of the Law Society of Ontario to reduce the risks involved with not being in the physical presence of the deponent.

Our Notary Public & Commissioner of Oaths Services include the following:

• Notarizing documents
• Administering Oaths
• Statutory declarations
• Declarations for Affidavits
• Other Solemn Affirmations
• Certifying documents to be the True Copy of the original