FAQ

In Ontario, notarization is regulated by the Notaries Act. A notary public is an individual authorized by the provincial government to witness document signings and administer oaths and declarations. They hold the same powers as a commissioner for taking affidavits, enabling them to witness, certify, and attest to the execution of documents, as well as to certify and attest that copies are true to the original.

Licensed lawyers and paralegals in good standing with the Law Society are eligible to apply for appointment as a notary public. Those appointed must comply with all requirements set out in the Notaries Act.

When carrying out notarial functions, licensees should avoid providing legal advice unless they have been formally retained for that purpose and offering such advice is appropriate in the circumstances.

While both a notary public and a commissioner of oaths are government-authorized, their powers differ. A notary public can not only administer oaths and declarations, as a commissioner of oaths can, but also certify copies of documents and verify the execution of nearly any agreement or legal document.

A commissioner of oaths is authorized to administer oaths or take declarations for affidavits and other sworn statements.

In general, documents that will be used in other jurisdictions—particularly outside of Canada—typically require the services of a notary public.

Sapsan Notary does not offer general legal advice or guidance on drafting legal documents.

The notary’s role is limited to confirming the signer’s identity and witnessing the signature. They do not explain the document’s contents or review it for accuracy.

To create a notarized or certified true copy, the notary must be provided with the original document. The notary will then make the copy and certify that it is a true reproduction of the original.

A notary’s role is to verify your signature, not the content of the document. Therefore, the notary can witness your signature regardless of the document’s language, as long as you can confirm that you understand and can attest to its contents.

Effective August 1, 2020, Ontario commissioning legislation permits the practice of remote commissioning. However, recipients are not required to accept remotely commissioned documents. It is your responsibility to confirm acceptance with the requesting party—Sapsan Notary will not contact them on your behalf.

How remote commissioning works:

1. The commissioner and deponent must see, hear, and communicate in real time via electronic means.
2. The commissioner must verify the deponent’s identity.
3. A modified jurat must indicate that commissioning was done remotely and note both parties’ locations.
4. The commissioner must ensure the deponent understands the document.
5. The commissioner must keep a record of the transaction.

Documents commonly commissioned online include:

1. Affidavits (e.g., identity, service, divorce, OSAP, common-law, lost/damaged passport)

2. Legal name change applications & applications to change a child’s name under 12
3. Statutory declarations (e.g., CCDC 9A, custodianship, parentage, common-law, single status, corrections, religious exemptions)
4. Any document requiring a Commissioner of Oaths
5. Registrant Identification Number (RIN) Declaration Letter
6. Service Ontario / Ministry of Finance sworn statements (e.g., vehicle transfers or gifts)
7. Invitation letters for Canadian visitors
8. Consent letters for children traveling abroad
9. Birth registration forms and amendments
10. Automobile proof of loss insurance forms
11. Insurance claims
12. Passport applications (in lieu of guarantor)
13. Pension attestations confirming life and residency
14. Residency documents
15. Federal permanent residency card applications
16. Municipal Information Forms (MIF) for liquor licenses
17. And other

Documents that cannot be signed or commissioned online include Certified True Copies of original documents, passport applications, identification documents, trusts (including testamentary trusts), negotiable instruments (e.g., cheques, promissory notes, loan agreements), payment bonds, letters of credit, and documents of title (e.g., deeds, bills of sale).

Additionally, comprehensive documents requiring two witness signatures—such as separation agreements, divorce agreements, prenuptial agreements, cohabitation agreements, and deeds—cannot be commissioned online.

Yes, Sapsan Notary provides assistance with document legalization.

An apostille is a certification that confirms the authenticity of a document for use in another country. For a document issued in one country to be recognized in another, it must be legalized. There are two types of legalization: full legalization (a two-step process) and simplified legalization (a one-step process, known as an apostille).

As of January 11, 2024, Canada introduced the simplified apostille procedure. Previously, Canadian documents required a two-step process: authentication by the Canadian Ministry of Foreign Affairs followed by legalization at the foreign consulate. The apostille now allows eligible documents to be fully legalized in one step for use in countries that are parties to the Hague Convention, eliminating the need for consulate visits and reducing time and costs.

For countries not party to the Hague Convention (e.g., UAE, Cuba, Jordan), the apostille must still be followed by the traditional consular legalization process.

The complete list of 127 countries that are parties to the Hague Convention, which means that they accept apostilles, can be found on the official website.