The two titles get used interchangeably, but in Ontario they are different appointments with different powers. Picking the wrong one can mean a second trip, so here is the distinction in plain terms.
What a commissioner for taking affidavits does
A commissioner (the formal title is “commissioner for taking affidavits”) is authorized under Ontario’s Commissioners for Taking Affidavits Act to administer oaths and affirmations and to take affidavits and statutory declarations. Many people hold this appointment: lawyers and paralegals by virtue of their office, and a range of government staff, court clerks and others by specific appointment, often limited to particular kinds of documents.
What a notary public does
A notary public is appointed under the Notaries Act. A notary has all the powers of a commissioner, plus two that a commissioner does not: certifying that a copy is a true copy of an original, and witnessing or attesting documents in a way that is recognized outside Ontario. Lawyers and paralegals in good standing can be appointed notaries for life; other applicants receive time-limited appointments.
How to tell which you need
- The form says “sworn (or affirmed) before me” and will stay in Ontario: a commissioner is enough.
- You need a certified true copy of a passport, degree or ID: notary.
- The document is going to another province or another country, or will need an apostille: notary.
- You are not sure: a notary can do everything a commissioner can, so a notary is always the safe choice.
Why it matters that ours are lawyers
Because the notaries at Notary Point are lawyers, they hold both appointments, and they can also tell you if the document itself has a problem before you swear to it. That is worth having when the document is a court affidavit or a power of attorney.