We provide a full range of Notary Seal Services at LOW & DISCOUNTED FEES
By Appointment Only - Same Day Appointments Possible
- Notarize, Certify, Seal and Legalize ALL Documents, in the Authentication process
- Commissioner of Oaths services, including Swearing and Affirming your Signature
- Sworn Affidavits
- Statutory Declarations
- Consent to Travel Documents;
- Passport related Oaths and Declarations
- Powers of Attorney Commissioned
- Invitation Letters
- Foreign Divorce Opinions
- ALL other affidavits, seals, documents, letters and Declarations
- ON THE SPOT General Legal Consultation and Legal advice
- Preparation of Wills, Power of Attorney for Property and Care, and Living Wills
INSTRUCTIONS TO CLIENTS REGARDING DOCUMENTS
- Please bring with you to your appointment all original documents, as well as photocopies of those documents, so that the Notary can notarize/certify the documents.
- Do not sign any documents ahead of your appointment, because you must sign them in front of the Notary. Please bring all documents with you to the appointment in their final form, ready for signature. The Notary does not draft or prepare any documents on your behalf, unless you retain him for that purpose. If you require that the documents referred to above, or any other documents be drafted on your behalf, please call for a quote.
- Please bring a Government issued photo ID with you.
- Payment is by cash only. You will receive a Statement of Account/Receipt immediately.
A LAWYER AS NOTARY & COMMISSIONER OF OATHS
Subsection 1(1) of the Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 provides that a person entitled to practice law in Ontario as a barrister and solicitor is ex officio a commissioner for taking affidavits in Ontario. Because a barrister and solicitor is automatically a commissioner for the taking of oaths and is not "appointed" so by the Lieutenant Governor, the commission is not limited in its duration, nor is it otherwise limited as to territory or purpose.
DIFFERENCE BETWEEN AN AFFIDAVIT & A STATUTORY DECLARATION
An "Affidavit" is a document that contains statements that are verified by the swearing (or affirmation) of an oath
A "Statutory Declaration" is similar, but the verification is by solemn declaration (not oath).
WHAT IS A DEPONENT
The "deponent" is the person declaring that a statement of fact is true and then takes the oath. The deponent must swear, declare or affirm before a person with the power to administer affidavits (i.e. a Notary Public or Commissioner for Oaths) that the contents of the document are true.
HOW IS AN AFFIDAVIT OR A STATUTORY DECLARATION COMMISSIONED
The Act states that every Oath shall be taken by the deponent in the presence of the Notary or Commissioner who has satisfied himself or herself of the genuinness of the signature of the deponent. The Commissioner for Oaths or Notary must verify the identity of the deponent by examining at least one piece of government-issued photo identification (driver's licence, health card, passport, etc.) that has not expired. The Ontario Evidence Act provide that the deponent may swear while holding the Old or New Testament or in such manner and form and with such ceremonies as he or she declares to be binding or the deponent may make an affirmation or declaration. That is, the deponent may, but does not need to, hold a religious book or raise his or her hand to take an oath. Typically, deponents hold religious books only in a court of law.
HOW IS AN OATH ADMINISTERED
An oath is a solemn appeal to a Supreme Being attesting to the truth of some statement. A person who takes an oath must believe in a Supreme Being who will punish the person if the person swears falsely. The Ontario Evidence Act, sets out the mode of administering the oath. The deponent is asked if he or she would prefer to swear or affirm to the truth of the contents of the document. Once the deponent responds to this question, the Notary or Commissioner will ask one of the following:
For a Sworn Affidavit
"Do you (swear/solemnly affirm/declare) that the contents of this affidavit as subscribed by you are true (so help you God is added, if swearing)".
For a Statutory Declaration
"Do you make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if it were made under oath".
The deponent must then respond accordingly.
The Jurat is the part of the Affidavit or Statutory Declaration that describes the circumstances under which the document was sworn or affirmed. It refers to the statement requiring the name of the person swearing or affirming the document and where, when, and before whom it was sworn or affirmed.
The Jurat looks like this:
Sworn before me at the City of Toronto,)
in the Province of Ontario, ) ____________________
this 12th day of June, 2012, ) (signature of deponent)
A Commissioner etc.The jurat should include:
In the case of an oath, the jurat should include the words:
In the case of an affirmation, the jurat should include the words:
In the case of a declaration, the jurat should include the words:
- The date of swearing, affirming or declaring
- The place where the document was sworn, affirmed or declared
- Whether the person making the document swore an oath, affirmed or declared the contents of the document
HOW IS A DOCUMENT NOTARIZED
Notarizing (or certifying) a document means verifying it to be a true copy of the original document. Technically therefore, the client does not need to be present when a document is being notarized. The Notary Public need only to obtain the original document and a photocopy of the document from the client. When notarizing a document, the Notary compares the original document to the photocopy, and if the two are identical, certifies and attests that the photocopy is a true copy of the original document. The Notary then executes the certificate and affixes the Notarial Seal.
Once a Notary has Notarized or certified your documents, and these documents are for use outside of Canada, the deponent must, if required for the purposes for which the document was notarized, take these Notarized documents to a particular Government of Ontario office, called the Official Documents Services Office, where such documents must go through a process called authentication, in order that they become valid for use overseas for various purposes, or at Embassies or Consulates. The process of "authentication" is often referred to overseas as Apostille. Notaries in Canada cannot provide Apostille services, because Canada is not a signatory to the International Convention requiring it. However, by having your documents Authenticated as herein described, they are in essence being Apostilled, and they are then normally accepted as such, around the world.
The process of Authentication occurs, when you take the documents which the Notary has Notarized, to the Official Documents Services Office, which then for a fee, Affixes a Government seal on your Notarized documents, Certifying that the Notary who Notarized your documents, is indeed a Notary Public, having the power to sign and seal (notarize) your documents. The Official Documents Services Office performs this service by comparing the seal and the signature of the Notary Public appearing on your documents, to the seal and the signature of the Notary that it has on file, and in this way Authenticates the Seal and the Signature of the Notary. The Notarized and Authenticated (Apostilled) document can then be used abroad as if it was an original document.
OFFICIAL DOCUMENTS SERVICES OFFICE
Official Documents Services Office (ODS), as per its public mission statement, formally authenticates legalized documents requested by foreign consulates and embassies or other parties. ODS does not provide Notary or Commissioner of Oaths services. ODS only authenticates already notarized or commissioned documents, such as:
- birth, adoption, marriage or divorce certificates
- property ownership documents
- school, college, or university admission papers and transcripts
- business, commercial import-export documents and contracts dealing with incorporation, partnerships, product standards and distribution, fiscal matters, approval certificates for customs, etc.
- certain Ontario government official documents
The authentication of seals, stamps and signatures by ODS validates the status of a Notary Public or Commissioner for taking Affidavits appointed in the Province of Ontario. Foreign consulates and embassies often request certificates of authentication in order to accept the validity of various documents.
The ODS mandate, as outlined by ODS itself, is to verify the document submitted by comparing the signature and seal/stamp on the document, against the information on file pertaining to the Notary Public or Commissioner for taking Affidavits. ODS does not validate the contents of any document.Authentication by ODS will only proceed if:
- all parts of the signature, seal and/or stamp of the Notary Public or Commissioner for taking Affidavits are visible on the same page of the document; and
- the Notary Public or Commissioner for taking Affidavits is registered on file with ODS; and
- the name, seal and/or stamp is identical to that on file at ODS.
Official Documents Services
700 University Ave, 6th floor
Toronto Ontario M7A 2S4
WHAT IS AN APOSTILLE
As noted above, an Apostille is the authentication of official documents in countries that are signatories of the Hague Convention. Canada is not a signatory of the Hague Convention and therefore does not fall within its requirements. Instead, Canada requires, and is required to, provide Authentication.