Who is a Commissioner of Oaths?

With the invested power of managing and operating oaths, a Commissioner of Oaths witnesses them and ensures that it is carried out in full accordance of the law. The validity of the documents presented has to be ensured by the deponent or the one taking the oath. The Commissioner of Oaths Toronto is responsible only for administering the oath. He is usually appointed by the Chief Justice and is usually a solicitor, though not necessarily. Every solicitor who holds a certificate for practicing can administer oaths and use the title of ‘Commissioner for Oaths’. He or she can continue practicing in this position as long as the post of solicitor remains valid.

The services of a Commissioner for Oaths Canada is required if one is giving evidence on affidavit for court proceedings or if you are making a declaration, an affirmation, an acknowledgment, an attestation or examination for the need of court proceedings or for registration of documents.

The work of a Commissioner of Oaths Toronto includes the following:

  • Ensuring that the evidences being checked are presented in a written format
  • To check that the deponent has read the draft thoroughly and understands what it states
  • To make the deponent swear that the affidavit if true by following the established procedure of raising the appropriate Testament in right hand and repetition of the oath
  • Verifying that the affidavit has been properly sworn by completion of a ‘jurat’ on it

The work of a notary and a Commissioner of Oaths might seem similar and overlapping but a notary usually has more power than the latter. The latter cannot verify that a statement is true but only that all required procedures are followed. The function of a notary is to verify a document and state that it is valid and for this, he can draw up documents which he thinks as necessary. A Commissioner of Oaths Toronto cannot notarize anything – he can only perform the job of a witness.

The deponent while taking the oath has to swear by raising the New Testament and the Jew may do so by raising the Old Testament. The Commissioner of Oaths may want to see your identification proof and thus it is wise to carry one. To avail the services of a Commissioner of Oaths Toronto, you need to find out a solicitor and ask where he or she provides this service.