Commissioner of Oaths Services
Commissioning is an authentication and signature process for taking affidavits, statutory declarations and administering oaths.
In Ontario, the practice of commissioning, including remote commissioning, is governed by provincial legislation, the Commissioners for Taking Affidavits Act (the “Act”).
A person who is appointed as a commissioner under the Commissioners for Taking Affidavits Act may administer oaths and take affidavits, declarations and affirmations. These are typically important legal documents that have evidentiary value in court and confirm accuracy for government offices.
Remote Commissioning
Remote commissioning is an authentication and signature process for taking affidavits and statutory declarations that uses audio-visual technology. It is therefore not conducted in the physical presence of the commissioner.
An example of remote commissioning is a paralegal who meets with a client via a video conferencing system and directs the client to sign the relevant legal document that is visible to paralegal through video. The client then returns the original executed document to the paralegal who, upon receipt, signs the document as a witness to the client’s signature.
Another example is a client and a paralegal logging into the same platform to view and electronically sign the same document simultaneously, despite being in different physical locations.
Documents commissioned remotely must include either an imprint of the commissioner’s stamp or must set out the information contained in the stamp.
The Commissioners for Taking Affidavits Act does not itself authorize commissioners to certify true copies of documents, although a Notary Public may certify true copies in person.
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