Canada, a country renowned for its commitment to legality and proper documentation relies on professionals known as a Commissioner of Oaths and Notary Public to uphold the authenticity of important documents.
These roles play a critical part in legal and administrative processes providing their services to the public while maintaining the integrity of official paperwork. In this article we will delve into the responsibilities held by Commissioners of Oaths and Notaries Public in Canada their significance in matters and the typical fees associated with their assistance.
What are the Functions of Commissioners of Oaths and Notaries Public?
Commissioner of Oaths
A Commissioner of Oaths is an individual authorized to administer oaths, declarations, and affirmations for various purposes, such as affidavits, statutory declarations, and other legal documents, limited o provincial authority only. Their primary responsibilities include:
- Administering Oaths: Commissioners of Oaths administer oaths to individuals who need to make solemn statements or swear the truth of a document, such as affidavits for court proceedings.
- Verifying Identity: They confirm the identity of the person making the oath and ensure that they understand the legal implications of their statements.
- Witnessing Signatures: Commissioners of Oaths can witness the signing of documents, which is often required to validate contracts and agreements.
- Certifying Copies: In some cases, they can certify copies of original documents as true copies.
Notary Public
A Notary Public, on the other hand, has additional powers compared to a Commissioner of Oaths. Notary Publics are authorized to perform various notarial acts, in addition to the authority of the Commissioner of Oaths, which may include:
- Administering Oaths and Affirmations: Similar to Commissioners of Oaths, Notaries Public can administer oaths and affirmations.
- Taking Acknowledgments: They can verify the authenticity of signatures on documents and acknowledge that the signatories willingly signed them.
- Drafting Documents: Notaries Public can draft and prepare legal documents, such as wills, powers of attorney, and contracts.
- Certifying or Making True Copies of Documents: They can certify the authenticity of documents and their true copies such as passports, birth certificates, degrees, and others.
- Witnessing Signatures: Notaries Public often witness signatures on documents, providing an extra layer of authentication.
Why are They Required?
Both Commissioners of Oaths and Notaries Public are essential in upholding the integrity of legal and official documents. Their roles ensure that:
- Legal Documents Are Valid: They confirm the authenticity of documents and the identities of those involved, preventing fraud and ensuring the documents’ legality.
- Sworn Statements Are Truthful: By administering oaths and affirmations, they help guarantee the truthfulness of sworn statements, which is crucial in legal proceedings.
- Documents Are Accepted Internationally: Notaries Public play a vital role in making Canadian documents acceptable in foreign countries by providing authentication and certification.
Typical Costs for Commissioners of Oaths and Notaries Public
The costs associated with the services of Commissioners of Oaths and Notaries Public can vary depending on several factors, including location, the complexity of the document, and the specific services required. Here is a general overview of what you can expect:
Commissioner of Oaths
The fees for a Commissioner of Oaths are often more affordable compared to Notaries Public. Basic services, such as swearing affidavits or declarations, may range from $10 to $50 per document. Complex documents or additional services may incur higher fees.
Notary Public
Notary Public services typically come at a higher cost due to their broader range of functions and the additional responsibilities they assume. Basic services might start at around $50 per document and can increase significantly for more complex tasks like drafting legal documents.
It’s essential to inquire about the fees upfront and obtain a clear quote before engaging the services of either a Commissioner of Oaths or a Notary Public. Additionally, consider that government fees may apply for certain services, such as authentication or legalization of documents for international use.
Conclusion
Commissioners of Oaths and Notaries Public in Canada play pivotal roles in ensuring the authenticity and legality of various documents and statements. Whether you require a simple affidavit or need assistance with drafting complex legal documents, these professionals are there to serve and protect the public interest while upholding the standards of Canadian law.
Understanding their roles and the associated costs can help you navigate the process more effectively when you require their services. Please keep in mind that Commissioners of Oaths are used provincially, whereas a Notary Public is valid nationally and internationally.
If you require Notary or Commission services please contact us here!