A notary public in Ontario is an officer of the court appointed under the Notaries Act, R.S.O. 1990, c. N.6 with authority to administer oaths, witness signatures, certify true copies of documents, and authenticate signatures on documents intended for use abroad. The work of a notary public is governed in Ontario by the Notaries Act, the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 and the regulations made under both Acts.
Who is appointed as a notary public in Ontario
Two paths lead to a notary public appointment in Ontario. First, every lawyer and every licensed paralegal in good standing with the Law Society of Ontario is entitled to a full, unrestricted, lifetime notary public appointment under the Notaries Act. Since the 2020 amendments to the Act, paralegals are appointed on the same administrative footing as lawyers. Both groups complete the same registration with Official Documents Services (part of Ontario’s Ministry of Public and Business Service Delivery and Procurement) and obtain a notary public seal before performing notarial acts.
Second, individuals who are not licensed by the Law Society — for example corporate compliance officers, municipal clerks, patent agents, and senior government officials — can apply to the Ministry of the Attorney General for a restricted appointment. These restricted appointments are typically granted only where a clear professional or corporate need is shown, and are limited to a three-year term within a defined geographic territory or class of documents.
Notary versus commissioner of oaths
A commissioner for taking affidavits (commonly called a “commissioner of oaths”) administers oaths, affirmations, and statutory declarations. A notary public can do everything a commissioner can do — plus certify true copies of original documents, authenticate signatures, and apply a seal that government and courts in other jurisdictions recognize. For documents going abroad, you typically need a notary, not just a commissioner.
Lawyers and licensed paralegals in good standing with the Law Society of Ontario are commissioners for taking affidavits by virtue of office under O. Reg. 386/12, and they are eligible for full notary appointments as described above. As of March 1, 2026, articling students and Law Practice Program candidates are also commissioners for taking affidavits by virtue of office under O. Reg. 20/26 — restricted to work performed during their formal placement. Students at law are not eligible for notary public appointment.
What a notary public can do
- Administer oaths and affirmations on affidavits and statutory declarations.
- Certify true copies of original documents — diplomas, passports, identity documents, contracts. The notary must see the original physically.
- Witness signatures on contracts, powers of attorney, real estate documents, US-bound forms.
- Authenticate signatures and seals on documents going to foreign jurisdictions, typically as the first step in obtaining an apostille from Official Documents Services.
- Apply a notarial seal recognized by Canadian and foreign authorities.
In-person presence is required for notarial acts
This is an important distinction that is often misunderstood. Ontario law treats commissioning of oaths and notarization as two different acts:
- Commissioning of oaths and declarations can be done remotely by two-way audiovisual communication under O. Reg. 431/20 (made under the Commissioners for Taking Affidavits Act). This is a permanent option, not a temporary pandemic measure. Telephone-only commissioning is not permitted.
- Notarial acts — certifying true copies, witnessing signatures, applying the notarial seal — still require the client and the notary to be physically together. The Notaries Act contains a provision in s. 3(3) that could permit remote notarization by regulation, but the Government of Ontario has not enacted such a regulation as of 2026. The Law Society of Ontario has formally reaffirmed that online or video-based notarization is not legally valid in Ontario.
The practical consequence: if you need a sworn affidavit or statutory declaration only, an Ontario commissioner can do that remotely. If you need a certified true copy, a notarized signature, or any document destined for an apostille, you need to attend the notary’s office in person.
Finding a notary in the GTA
Use the directory at TorontoNotary.com to locate a notary public in your area of the Greater Toronto Area. Listings include languages spoken, services offered (notarization of US documents, apostille assistance, mobile or curbside notary appointments, virtual commissioning of oaths and declarations) and accessibility features.