Most people don’t think about official document authorization until they suddenly need it. Maybe an embassy is asking for a certified copy of your passport, or a court wants a sworn affidavit, or a school abroad needs authenticated educational records. At that moment, you may find yourself Googling the same question thousands of Canadians ask every month: What’s the difference between a Notary Public and a Commissioner of Oaths?
The confusion is understandable. Both roles can witness signatures and administer oaths — and to the average person, those duties seem nearly identical. But legally, they are very different positions with very different levels of authority. Knowing which professional to contact can mean the difference between fast processing or frustrating delays, accepted paperwork or costly rejections.
This guide breaks down the Notary Public vs Commissioner of Oaths comparison in practical terms. By the end, you’ll know exactly when you need a Commissioner and when only a Notary will do.
What a Notary Public Actually Does
A Notary Public in Canada is legally appointed under provincial authority and granted broad powers to verify, certify, and authenticate documents — especially those that will be used outside of Canada or for government or legal purposes. Their signature carries legal weight that extends beyond domestic jurisdiction and, in many cases, across international borders.
A Notary is empowered to verify the identity of individuals, confirm that signatures are genuine, certify copies of documents as true to their originals, and notarize documents for domestic and international use. Beyond that, they may also prepare certain legal documents such as affidavits, declarations, and contracts.
Most people don’t think about official document authorization until they suddenly need it. Maybe an embassy is asking for a certified copy of your passport, or a court wants a sworn affidavit, or a school abroad needs authenticated educational records. At that moment, you may find yourself Googling the same question thousands of Canadians ask every month: What’s the difference between a Notary Public and a Commissioner of Oaths?
The confusion is understandable. Both roles can witness signatures and administer oaths — and to the average person, those duties seem nearly identical. But legally, they are very different positions with very different levels of authority. Knowing which professional to contact can mean the difference between fast processing or frustrating delays, accepted paperwork or costly rejections.
This guide breaks down the Notary Public vs Commissioner of Oaths comparison in practical terms. By the end, you’ll know exactly when you need a Commissioner and when only a Notary will do.
Their authority exists to protect against fraud, deception, and identity manipulation. When a Notary certifies a document, parties receiving that document — whether in Canada, the U.S., Europe, the Middle East, or Asia — can rely on its authenticity.
Notary Public services are commonly required for:
- Real estate transactions (closings and mortgage refinancing).
- Cross-border legal matters.
- International employment verifications.
- Immigration documentation and visa sponsorship.
- Certification of legal copies of personal identifiers like passports, birth certificates, and academic records.
Understanding the Commissioner of Oaths’ Role
A Commissioner of Oaths, on the other hand, serves a narrower but still very important function. They are primarily responsible for administering oaths and declarations. In simple terms, they ensure that the person signing a document is swearing that its contents are true to the best of their knowledge.
Commissioners of Oaths are not certifying the validity of the content or the authenticity of the document itself. They are certifying the act of the signing and the fact that an oath was administered.
For example, when someone signs an affidavit stating that a particular fact is true, a Commissioner’s role is to witness that signing and confirm that the signer verbally affirmed the truthfulness of the statement. But they cannot certify document copies, notarize for international use, or provide document authentication for foreign administrative processes. Their work is primarily confined to local or provincial use.
The Key Difference in Plain Language
If you remember only one thing from this entire article, let it be this:
A Notary Public can certify documents for international and legal use, while a Commissioner of Oaths can only witness signatures and administer oaths for domestic purposes.
This is literally the line that explains why one document gets accepted by foreign authorities and another gets sent back with a red stamp saying “Not Properly Notarized.”
When Would You Need a Notary Public?
A Notary Public is essential when a document requires official verification or certification that goes beyond simply acknowledging your signature. You would need a Notary in situations where authenticity matters, such as international business transactions, government filing, identity verification, and Apostille or Authentication processes.
For example, someone applying for permanent residency in Canada must often provide certified true copies of their passport or visa documents to Immigration, Refugees and Citizenship Canada (IRCC). Immigration authorities do not accept photocopies alone; they require a Notary to confirm that the copy matches the original.
Similarly, a person moving to Europe for work may need notarized copies of academic transcripts. Schools and employers overseas typically require documentation authenticated by a Notary because only a Notary can legally verify the authenticity of those records.
When Is a Commissioner of Oaths Sufficient?
Commissioners of Oaths are appropriate for simpler situations where someone needs to swear that a written statement is true. They’re often found in government buildings, law offices, and municipal offices.
For example, if a person needs to confirm in writing that they have lived at a certain address or that they witnessed an event, a Commissioner of Oaths can witness the affidavit. Many people going through court proceedings or administrative reviews may also require signed declarations — such as claims, statements of fact, or acknowledgment forms — witnessed by a Commissioner.
These documents are typically used and recognized domestically within Canada only.
The Jurisdiction Issue: Canada vs. International
Legal jurisdiction is a critically important concept here. A Commissioner of Oaths is often appointed within a specific province (like Ontario) and their authority generally extends only within that region. This means a Commissioner’s signature may hold no legal weight outside Canada, or even outside a particular province.
A Notary Public, however, is generally recognized country-wide in Canada and often globally. This is why the Notary’s authentication is the better choice for any document that might “travel” beyond provincial borders or into another country’s legal processing system.
Real-World Examples That Make the Difference Clear
- Traveling with Children: When a mother travels internationally with her child without the other parent, the Government of Canada strongly recommends a Consent to Travel Letter. Immigration agents abroad need assurance that the document wasn’t casually signed — they need proof it was vetted by an official with internationally recognized authority. That job falls to the Notary Public.
- Local Court Cases: If someone files an affidavit in an Ontario-based legal proceeding to claim damage to personal property, a Commissioner of Oaths can witness that document. The affidavit exists only within Ontario’s legal scope, so international recognition is irrelevant.
- Foreign Banking: If the same person later needs to send a document to a U.S. court or submit proof of identity to a foreign bank, a Commissioner’s authorization will not be accepted. A Notary’s endorsement is required.
What Happens if You Choose the Wrong Official?
Unfortunately, choosing incorrectly is a common mistake. People may think a Commissioner is “good enough,” especially since services are often faster and sometimes cheaper. But using the wrong official can lead to serious consequences.
Documents for immigration may be rejected outright, delaying processing by months. A child may be refused boarding on an international flight. A foreign employer may reject educational records.
Often, institutions do not provide refunds when documents are wrongly certified. So using the right official saves not only time, but financial expense and emotional stress.
Cost Considerations — Why Notaries Cost More
In many cases, Commissioners of Oaths charge minimal fees. Notaries typically charge more — but this cost reflects deeper legal authority, liability, and responsibility.
A Notary certifying a document takes legal accountability for its authenticity. That assurance provides value. Courts, banks, governments, and foreign authorities trust documents that pass through a Notary’s verification. So while a Commissioner is appropriate for some matters, when authenticity and international legitimacy are involved, a Notary’s fee is not just a formality — it’s a necessary safeguard.
The Best Rule of Thumb
If your document will be viewed by:
- A foreign government
- Immigration authorities
- A bank or educational institution abroad
- An embassy
- A multinational corporation
…you should assume you need a Notary Public.
If your document is for local or provincial use within Canada, especially for a procedure that requires personal affirmation rather than authentication of document validity, a Commissioner of Oaths is usually adequate.
Get Professional Notary or Commissioner Services Today
If you’re unsure which official your situation requires, Canada Notary can provide guidance and assist you directly. Whether you need a certified true copy, an affidavit, authenticated documents for travel or immigration, or a sworn statement for local filing, we make the process simple and efficient.
📞 Call us today at +1 416 840 6952 for assistance, or book an appointment online to ensure your documents are handled correctly with the proper legal authority.
