Understanding Notary Public, Commissioning of Oaths and Apostille Services

A Notary Public is a legal professional authorized to witness and certify the authenticity of signatures, administer oaths, and perform other legal formalities. Notaries are vital in various personal, business, and international dealings.

Alongside Notary Public services, paralegals also play an important role in these legal processes. Paralegals are licensed professionals who assist with legal tasks, including document preparation, legal research, and client representation in certain legal matters.

This article provides an overview of what a Notary Public does, the process of commissioning oaths, the importance of Apostille in international document verification, and the valuable role of paralegals in supporting these services.

What is a Notary Public?

A Notary Public is a person authorized by the government to witness the signing of documents, administer oaths, and certify documents for various legal or official purposes. In Ontario, as well as many other provinces, notaries must adhere to strict rules and ethical guidelines to ensure the integrity of their work.

Some common services provided by a Notary Public include:

• Verifying identity: Confirming the identity of individuals signing documents.

• Witnessing signatures: Being present when a document is signed, ensuring the signer's consent is given voluntarily.

• Affidavits and Statutory Declarations: Administering oaths for individuals swearing to the truth of a statement in legal documents.

Commissioning of Oaths

The Commissioning of Oaths is a specific function performed by a Notary Public. It involves administering an oath or affirmation to a person, ensuring that they swear to the truth of a document or statement. This process is crucial in legal and administrative matters, such as:

• Signing affidavits or statutory declarations

• Providing testimony under oath

• Completing various forms or legal documents that require a sworn statement

A statutory declaration is a written statement of facts made under oath, similar to an affidavit, but usually used in non-judicial settings. Commissioning an oath ensures that a person understands the legal consequences of making a false statement under oath.

What is an Apostille?

An Apostille is a certificate that confirms the authenticity of a public document, such as a birth certificate, marriage license, court record, or notarized document, for use in another country.

It verifies that the signature, seal, or stamp on the document is legitimate, allowing the document to be legally recognized in countries that are part of the Hague Convention of 1961.

Who Can Issue an Apostille in Ontario?

As of January 11, 2024, Canada joined the Hague Apostille Convention, simplifying the process of having Canadian documents accepted abroad.

In Ontario, Apostilles are issued by the Ministry of Public and Business Service Delivery. This provincial authority is responsible for issuing Apostilles for Ontario-issued documents, including:

• Vital statistics documents (e.g., birth, death, and marriage certificates)

• Educational documents (e.g., diplomas and transcripts)

• Notarized or commissioned documents prepared in Ontario

• Court-issued documents from Ontario courts

For federal documents (such as those issued by Immigration, Refugees and Citizenship Canada or the RCMP), the Apostille is issued by Global Affairs Canada.

Before requesting an Apostille, your document may need to be notarized or certified, depending on its type and intended use.

Without an Apostille, documents may not be accepted in these countries, especially in legal or official matters like visas, education, or business.

How Does the Apostille Process Work?

To get an Apostille, the following steps are typically followed:

1. Notarization: The document must first be notarized by a Notary Public. This ensures the authenticity of the signatures or statements made in the document.

2. Apostille Application: After notarization, the document is submitted to the relevant government body (in Canada, this is typically the provincial government).

3. Issuance: The government authority verifies the document and applies the Apostille certificate, authenticating its legitimacy for use in foreign countries.

When Do You Need an Apostille?

An Apostille is required when:

• Applying for foreign visas, immigration, or residency

• Registering foreign births, marriages, or divorces

• Establishing business contracts or agreements internationally

• Attending academic programs abroad

• Handling legal matters in a foreign country

Key Services Provided by a Notary Public

A Notary Public in Ontario typically provides a range of services to meet both personal and business needs:

• Document Verification: Witnessing the signing of documents and verifying identities.

• Sworn Statements and Affidavits: Administering oaths for affidavits, declarations, and statutory documents.

• Certified True Copies: Verifying copies of documents as true and accurate representations of the originals.

  
  

Conclusion

The services of a Notary Public, including Commissioning Oaths, are crucial for ensuring that documents are legally binding, recognized, and accepted in both local and international contexts. Whether you're dealing with legal documents, international transactions, or business agreements, a Notary Public and a paralegal can provide the support you need to ensure all legal requirements are met.

For legal matters requiring notarization, consult a professional Notary Public or Apostille service provider, and a paralegal can help guide you through the process to ensure the proper legal protocols are followed.