Notary public vs commissioner of oaths: which do you need?
Updated October 23, 2026 · 5 min read · Prices in Canadian dollars
A commissioner of oaths (a commissioner for taking affidavits in Ontario) can do one thing: have you swear or affirm that a document is true. That covers affidavits and statutory declarations.
A notary public can do that too, and more: certify that a copy is a true copy of the original, and witness and attest your signature. Anything going abroad for an apostille needs a notary.
So if you’re unsure, see a notary. Lawyers are commissioners in most provinces, and in some they are notaries too, but not automatically everywhere: in Ontario, lawyers and paralegals apply to be appointed.
What each can do
| Task | Commissioner of oaths | Notary public |
|---|---|---|
| Swear an affidavit or statutory declaration | Yes | Yes |
| Certify a true copy of a document | No | Yes |
| Witness and attest a signature (notarize) | No | Yes |
| Prepare a document for an apostille | No | Yes |
Which one your document needs
- Affidavit for a Canadian court, statutory declaration for a government form, proof-of-loss declaration: a commissioner is enough.
- Certified copy of a passport, degree, birth certificate or ID: a notary.
- Power of attorney, consent letter or contract going abroad: a notary (and then an apostille, if the country asks for one).
- Real estate in BC, or a notarial act in Quebec: a BC Notary or lawyer, or a Quebec notaire.
Who is a notary in your province
Ontario: Ontario notaries are appointed under the Notaries Act. Lawyers and paralegals licensed by the Law Society of Ontario are not notaries automatically: they apply and are appointed for life while in good standing.
Alberta: Alberta lawyers and students-at-law are notaries by virtue of their office, under the Notaries and Commissioners Act.
British Columbia: British Columbia has its own profession of notaries public: BC Notaries, members of the Society of Notaries Public of BC, commissioned by the Supreme Court of British Columbia. They give non-contentious legal services, including residential real estate transactions, wills, powers of attorney, representation agreements and advance directives.
Quebec: In Quebec, notaires are a legal profession of their own, regulated by the Chambre des notaires du Québec (Ordre professionnel des notaires du Québec). They draft and receive authentic acts: real estate sales and mortgages, marriage contracts, wills and mandates.
Saskatchewan: Saskatchewan notaries public are lawyers or appointed non-lawyers. A non-lawyer appointment lasts five years.
Manitoba: Manitoba notaries public are lawyers called to the Manitoba bar and entitled to practise, who register with the Manitoba Companies Office.
Nova Scotia: Only lawyers and MLAs are appointed notaries public in Nova Scotia.
Each province page has the full rules and sources.
Questions people ask
+Is a lawyer a notary public?
It depends on the province. Alberta and British Columbia lawyers are notaries by statute, and Manitoba and Nova Scotia appoint lawyers as notaries. In Ontario, lawyers and paralegals have to apply to be appointed. Most lawyers are commissioners of oaths.
+Can a commissioner of oaths certify a copy?
No. Certifying a true copy needs a notary public. Nova Scotia’s Department of Justice and Alberta’s rules both say so directly.
+Can I get a document notarized online in Ontario?
No. Ontario says remote notarization is not permitted: the notary must be with you in person.
Where these prices come from
- Ontario: Information for notaries public in Ontario
- Alberta: Notaries and commissioners
- Alberta: Commissioners for oaths
- Society of Notaries Public of BC: submission to the Law Society
- CBA BC: Single B.C. legal regulator
- Wikipedia: Chambre des notaires du Québec
- Saskatchewan: Notary public
- Manitoba Companies Office: Notary public appointment
- Nova Scotia Justice: Commissioners of oaths and notaries public
Checked October 23, 2026.
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