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Notarizers services are limited to notarizing documents, certifying true copies, administering oaths, as well as affirmations, declarations, authentication and legalization of documents for use outside Canada.

If you require legal advice in addition to notary services, please contact Opara Law PC .

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Commission of Oaths (Commissioner of Oaths)
 
 
 

Persons who are authorized under regional or provincial legislation to administer and witness the swearing of oaths or solemn affirmations in order to take an affidavit for any potential legal matter are called “commissioners of oaths”. The person swearing an oath to make an affirmation or make a declaration is called a “deponent” or “declarant”.

Commissioners of oaths are also certified to witness any declaration as required under a given law. A commissioner of oaths officially states that the required oath or affirmation or declaration has been properly administered. Commissioners of oaths do not verify the validity of the statements contained in a document. That responsibility is allocated to the declarants or deponents.

In nearly all provinces, a commissioner of oaths must administer the oath or declaration in a way prescribed by law, which requires that the deponent be physically present before the commissioner of oaths.

In addition, the commissioner of oaths must be satisfied concerning the authenticity of the deponent's or declarant's identity and signature prior to the signing of the document. Usually, the signature of the deponent or declarant is confirmed by comparing it to that in existence on a piece of identification, such as a driver's license or a provincial health insurance card.

Different Types of Oaths:

If an oath is witnessed by a commissioner of oaths then it is necessary for the deponent to confirm the following question: “Do you guarantee that the contents of this affidavit as subscribed by you are true?”

If such a type of oath is not preferred, then the deponent can confirm by responding 'yes' to: "Do you solemnly confirm and declare that the contents of this affidavit as subscribed by you are true?”.

In consistence with the requirement of a solemn declaration, the deponent must declare in the positive to: "Do you make this solemn declaration conscientiously, considering it to be true and knowing that it is of the same force and effect as if made under oath?".

In all instances, it is required that the deponent be physically present before the commissioner of oaths.

 
 
 
 
 
This website is intended for informational purposes only and should not be construed as providing any form of legal advice.
 
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