Commissioner of Oaths

Commissioners of Oaths have the power to administer oaths required by legislation or regulation.

It is recommended that you contact the office in advance to ensure a signing authority will be available 705-534-7248 x240 or x257. 

In addition to the persons authorized by the Minister of Justice to act as a Commissioner of Oaths, the following, by virtue of their office, may receive oaths;

  • Clerks, Treasurers, Deputy Clerks and Deputy Treasurers in all municipalities, but only within the limits of their municipality
  • Lawyers entitled to practice Law in Ontario
  • Members of the Assembly (M.P.P.)
  • Provincial Judge & Justices of the Peace (these Commissioners of Oaths may also commission documents)

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 of 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 Commissioner of Oaths must be satisfied about the authenticity of the deponent's identity and signature before he or she can sign the document themselves. The deponent's signature can usually be confirmed through comparing the signature on a piece of government issued photo identification such as a driver's licence or on a provincial health insurance card.

You are required to present one original piece of government-issued photo identification (no copies permitted) i.e. a valid driver's licence.

Documents that can be commissioned:

  • Legal Name Change Application
  • Name Change and / or Sex Change documents and application
  • Declaration Affirming Parentage
  • Election to Change Name of Child under the age of 12 (Service Ontario form)
  • Vehicle Ownership Transfers - Sworn statement for a transfer of a used vehicle in the Province of Ontario
  • Pension Purposes – Attestations a person is alive and confirming residency
  • Delayed birth registrations
  • Application to amend birth registrations
  • Lost passport
  • Common law or single status affidavits
  • Statement of Conscience or Religious Belief – Immunization of School Pupils Act
  • Municipal planning applications related to matters within the geographical limits of the Municipality
  • Consent letters for children travelling out of country
  • Construction Act documents for progress and/or completion

Documents that cannot be commissioned: 

  • Wills, "Living Wills" Codicils (amendments) to Wills
  • Powers of Attorney
  • Certified True Copies
  • Divorce, Separation, or Cohabitation documents
  • Custody documents 
  • Real Estate documents, including transfer of land
  • Estate Settlement documents
  • Documents related to finance (Banking information, RRSP etc.)
  • Court, Legal and/or Civil issues related documents

Commissioners have the right to refuse to commission any document at their discretion - even from the approved list. 

The Township of Tay provides this service for a fee of $15.00 per document (residents are exempt for pension documents). It is recommended that you contact the office in advance to ensure a signing authority will be available.

A Notary Public and a Commissioner of Oaths are both public officials who are granted the authority to do certain things by provincial statutes. For notaries, the governing statute is the Notaries Act (Ontario) and for Commissioners, it is the Commissioners for taking Affidavits Act (Ontario). The powers of a Commissioner of Oaths are limited to acts involving affidavits and statutory declarations.

A Notary is a public officer who receives and writes the contract, obligations, testament, transactions and other voluntary act as well as official deed. The neutrality and official deed characterizes the notary, which is different from the role of lawyer. The lawyer is not a public officer, defending the interests uniquely for his customers. The lawyer is impartial.

The Township of Tay does not have a Notary Public and cannot notarize documents. Documents requiring "Notary Public services" cannot be commissioned at the Municipal Office.

  • Local solicitors, justice of the peace or similar vocations are eligible to notarize documents as "Notary Public."
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