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.

What are Notary Services and Why do You Need Them?

Notary public Toronto is a public officer employed by law to help the public in non-contentious matters which deal with powers-of-attorney, estates and international business. The main function of a notary public is to conduct oath taking sessions, affirmations, accept affidavits and declarations, authenticate certain kinds of documents, conduct acknowledgments of deeds and other conveyances, give notice of foreign drafts, prepare bills and notes of exchange, preparation of ship’s or marine’s protests in incidents of damage, give notarial copies and exemplifications and conduct other official acts according to the jurisdiction of the area. Any act like this or similar ones undertaken by notary services Toronto and elsewhere is called notarization. However, the term notary public is used in reference to common-law notaries only and not civil-law ones.

Notary public Toronto is appointed by the government authorities which includes a court, a regulating body like any society or a lieutenant governor, or a faculty of notaries public. While lay notaries are appointed for a short term, lawyer notaries can be appointed for a lifetime. Official work in any country requires the applicant to furnish documents which are signed in another country or originate from there before they can be used or come to play a legal effect. A notary attests the document by providing a notarial certificate and this stands proof of the execution of the document by the person who makes an appearance before the notary.

One of the main reasons for getting a document notarized is to state that an act of fraudulence is not being conducted. It adds verification and states that the documents have been signed or presented by people who are who they state to be. It is mandatory in many states to present notarized documents for purposes mortgage, deeds, agreements, powers of attorney and the like. Notarized documents are needed for litigations since affidavits which aren’t will not be accepted by any court. If the signer presents notarized documents in court, he or she will not need to testify that they are original and have authentic signature.

Those serving as notary public Toronto need to undergo special training. In certain states notary services can be provided electronically – the notary public here provides a digital signature on the electrical document. However, the signers still have to appear before the notary public and such other fundamental rules still remain applicable.

How to Prepare Your Permanent Residency Papers for Canada?

The PR or permanent resident card is the official document to show that you are a resident of Canada and of the permanent nature. This card has to be shown when entering or leaving or during other legal activities if you stay in Canada or return to it from another country. Immigrants need to show this each time they return to the country by airways, waterways or roads by bus or by rail. The system of application for permanent resident card has been elaborated in simple words below.

  • Make photocopies of all documents that you submit at Citizenship and Immigration Canada (CIC) and retain the copies with you. This is particularly needed for scenarios where you might be called for an interview – you will need to know and remember what you mentioned in your application then.
  • When making an application for permanent resident in Canada you need to understand everything that is mentioned in the form and application. Double check to see that you have included all documents needed.
  • Using paper clips to keep your documents and application together but do not staple the pages. There is nothing official about this but general ways of keeping the men who will be handling your papers happy. They will punch a hole in your papers and fasten them together – having to remove a bunch of pins is not something they’ll enjoy doing.
  • It is best if you can send you package through trackable courier. This way, you’ll know when they receive it and this will act as proof.
  • Filling up the form electronically reduces chances of error, so you are better off doing it that way.
  • Do you have something special to mention in your application? Include it in a cover letter.
  • Use extra sheets of paper for any section in which you want to write more and submit it after writing the following on top – name of principal applicant, form number, number of section you are completing in the extra sheet.
  • Above everything else, your passport must not pass its expiry date if you want to get a permanent residency card.
  • Time gaps must be explained with reason – where were you last summer, why did you not spend spring in Canada, etc. Gaps seem suspicious and leave the application incomplete.
  • Tell the truth, how difficult it might be. Fraudulent methods is proven by any means will end up in cancellation of your application completely and will leave a lasting bad impression.

Authentication of Documents in Canada for International Use

Planning a foreign tour for your coming holidays? Have you finally got admission into the university of your dreams? Is your company sending you abroad to look after their newly opened plant or office? One factor lies common among these situations – the need for official documents and authentication of documents. Consulates and embassies, universities and colleges ask for certificates and other documents which have been verified by legally appointed authority in the country of origin of the applicant. Thus, those traveling from Canada will be expected to get their authentication of documents Canada done.

Legalization of documents Canada can be done for the following:

  • Birth certificates
  • Adoption certificates
  • Marriage or divorce certificates
  • Property ownership documents
  • Admission papers, grade sheets and transcripts for schools, colleges and universities
  • Import and export documents
  • Business documents
  • Partnership, incorporation, fiscal matters, product standards and distribution documents
  • Customs approval certificates
  • Official government documents

The process of authentication is as follows:

  • First you need to get in touch with the respective authority (the one who will be receiving the documents, such as the Embassy or the Consulate) and find out their requirements
  • After you have taken affidavits in Ontario, you need to get the documents notarized by a notary public or commissioned by a commissioner
  • Documents which are more than 7 mm or a quarter inch thick have to be punched in the upper left corner for attaching the authentication certificate
  • Include the fee required for authentication and legalization. Payment is accepted through cash, certified cheque, all major debit and credit cards and money order.
  • The request for authentication has to be mailed to the organization performing the work or delivered to their address in person.

Authentication of documents is conducted by comparing the seal and sign on the document against the information provided on the file given by the notary public or commissioner for taking the affidavits. You have to ensure the following for successful completion of authentication process:

  • All parts of the signature and seal of the notary public or commissioner is visible clearly on a single page of the document
  • The notary public or commissioner providing the signature and seal is duly authorized
  • The name, signature, seal or stamp is similar to the one on the file

Each document you provide for purposes of authentication will be attached with a Certificate of Authentication. The process will stop at any point if the payment is not on time, information is missing or signatures and seals do not match.

All That You Needed to Know About Statutory Declarations

A statutory declaration is when a person makes a legal declaration after taking an oath in the presence of a lawyer. These are used when an individual needs to affirm the truth associated with a document or statement for legal purposes. A common scenario is a statutory declaration of identity for name change. A lawyer remains witness to the procedure where an individual renounces their old name and says that he or she adopts the new one. Among other uses is statutory declaration of confirming identity, marital status, nationality, affirmation of quality of goods for import and export, declaration of originality of item for patent, declaration of solvency by company directors during voluntary liquidation, etc.

Since Canada statutory declaration is an important legal act, it cannot be carried out by just about anybody. Verification is essential for its proper fulfillment. There has to be a proper Commissioner of Oaths or a notary public or a solicitor for performing a statutory declaration. Since everything about this act needs to be completely true, if a situation arises where a solicitor is already acting for you in another legal matter and you need to furnish a statutory declaration there, you will have to get hold of another solicitor for the latter purpose. The reason behind this is that a solicitor who is already acting for you is likely to be partial and might not be able to provide the most legally authentic administration during the declaration. If it is proven that you knew the statements you were making during the declaration, even after taking the oaths, were false, the punishment may extend to imprisonment too. A good solicitor will explain these terms to you along with other aspects when you sign the declaration. If you want to get a statutory declaration done from a solicitor, it is best to get an appointment done though this is not needed in all cases.

Though statutory declarations seem very mundane and unnecessary, yet when you make a declaration of this sort, you need to understand that you are calcimining certain information to be true in front of an authorized witness. This should never be taken casually. Though not used in courts, statutory declarations are required for many legal and business issues. They can be used to make insurance claims, to verify age and to get various types of benefits and when applying for leaves.