A Commissioner of Oaths is a person who has the authority to administer and witness oaths and other legal documents in writing. A lawyer or an advocate holding a current practising certificate or a licensed paralegal, and qualified to administer oaths can use the title of Commissioner of Oaths.
A Commissioner of Oath need not be a notary always. A notary public on the one hand can serve as a Commissioner of Oaths, but a Commissioner of Oaths cannot serve the duties of a notary unless he is qualified for it. A notary has more powers than a Commissioner of Oaths. The duty of a Commissioner is to verify that the process of authentication of a document has been followed properly, but he cannot authenticate any document. Whereas the duties of a notary is to verify that a document is valid, has the authority to seal it and can also draw up documents such as contracts, deeds etc.
When Do You Need The Services Of A Commissioner Of Oaths?
Deponents are responsible for the statement of the facts to which they are swearing. They must sign the document in the presence of the commissioner for oaths even though they may have previously signed it, because the commissioner must be able to attest to the deponent’s oath and signature.
The Essential Functions Of A Commissioner For Oaths Are:
- to ensure that a written or a drafted evidence is presented for witnessing
- to make sure that the person who needs to swear the oath has full understanding of the drafted affidavit and its meaning.
- to ask the person to swear or take an oath that the all that is declared in the affidavit is true by raising the Testament in his hand.
- to finally verify that the affidavit was properly sworn in his presence and
- to complete the service by charging a fee for his services.
Who Can Be A Commissioner of Oaths?
Apart from those who are appointed as Commissioner of Oaths by the Chief of Justice and the Attorney General, there are others who can administer oaths by virtue of their posts. Some of these people are:
- Clerks and the deputies of a court of justice
- Advocates and notaries
- Mayors, clerks of a municipality, and also the secretary of treasury
- The Secretary General, Associate Secretaries General and the Associate Secretaries of National Assemblies
- The Justice of Peace
Get in touch with Notarizers today, to get the services of the best Commissioners of Oaths and notaries in Ontario. Book an appointment and get a complete idea of the qualified and authorized Toronto Commissioners of Oaths and notaries to meet your legal requirements.