Lewis & Associates LLP is a firm of barristers, solicitors and notaries. In addition to immigration and refugee representation, we provide notarial and commissioning services for documents that must be sworn, declared, witnessed or certified, including the many documents used in Canadian immigration applications.
Immigration files often rely on sworn statements, statutory declarations and certified copies. A document that is not properly sworn or certified can lead to requests for more information, processing delays or even a refusal. Because our lawyers work with immigration documents every day, we can help make sure a document is suitable for its intended purpose before it is signed.
This page explains what notaries and commissioners do in Ontario, the documents we commonly help with, how the appointment works, what to bring, and what to know if your document will be used outside Canada.
Notary services
Common Notarial Services
Documents we can help you swear, declare, witness or certify.
Certification that a copy matches the original document, such as a passport, degree or certificate.
Written statements of fact sworn or affirmed before a commissioner or notary.
Solemn declarations, such as a statutory declaration of common-law union used in immigration applications.
Notarizing signatures on letters, consents and other documents that must be signed in front of a notary.
In Ontario, two related roles are involved in signing and certifying legal documents. A commissioner for taking affidavits may administer oaths and take affidavits and declarations. Under Ontario regulations, lawyers licensed by the Law Society of Ontario are commissioners for taking affidavits by virtue of their office. A notary public is appointed by the Ontario government. According to the Government of Ontario, a notary public is a person who witnesses oaths, signs affidavits and certifies documents to be true copies of the original.
| Task | Commissioner for taking affidavits | Notary public |
|---|---|---|
| Administer an oath or affirmation | Yes | Yes |
| Take an affidavit or statutory declaration | Yes | Yes |
| Certify a true copy of an original document | No | Yes |
| Witness and attest signatures on documents for use abroad | Generally no | Yes |
Many institutions ask for certified copies instead of original documents. A notary compares the copy with the original and certifies that the copy is a true copy. Common examples include passports, identity documents, degrees and transcripts, professional licences, marriage and birth certificates, and corporate records. You must bring the original document to the appointment; a notary cannot certify a copy against another copy.
An affidavit is a written statement of facts that the person making it swears or affirms is true. Affidavits are used in court and tribunal proceedings, in immigration applications and appeals, and in many administrative processes. For example, an affidavit may be needed to explain why new evidence was not available earlier in an appeal to the Refugee Appeal Division. Documents attached to an affidavit, called exhibits, are marked and signed by the commissioner.
A statutory declaration is a solemn written declaration that the facts stated are true. Declarations used for federal purposes, including many IRCC forms, are made under the Canada Evidence Act. Common immigration examples include the statutory declaration of common-law union, used to show that partners have lived together in a common-law relationship, and declarations explaining name differences between documents. IRCC lists a notary public, a commissioner of oaths or a commissioner for taking affidavits among the officials who can administer these declarations in Canada.
Some documents must be signed in front of a notary, who then confirms the identity of the person signing and attests the signature. Examples include consent letters, certain powers of attorney for use outside Canada, and declarations required by foreign governments or institutions.
When a child travels without one or both parents or legal guardians, the Government of Canada recommends carrying a signed consent letter. A consent letter is not legally required in Canada, but immigration authorities, airlines and border officials may ask for one. The Government of Canada strongly recommends that a notary public witness the signature, although any adult may do so.
Affidavits and statutory declarations are similar: both are written statements that the person making them confirms are true, and both are signed in front of a commissioner or notary. The main difference is how and where they are used. In practice, you should always use the type of document that the receiving authority asks for, and the correct form if one is provided.
| Affidavit | Statutory declaration | |
|---|---|---|
| How it is made | Sworn under oath or affirmed | Solemnly declared |
| Typical use | Court and tribunal proceedings, appeals, evidence of facts | Administrative and government processes, including many IRCC forms |
| Attachments | Supporting documents are attached as marked exhibits | Supporting documents may be attached or referred to |
| Consequence of false statements | Can amount to perjury or another offence | Making a false declaration is an offence |
When you swear an affidavit, you may choose to take a religious oath or make a solemn affirmation, which has the same legal effect. Let us know your preference at the appointment. Either way, the commissioner will confirm that you understand the document and that its contents are true.
| Document | When it may be needed |
|---|---|
| Statutory declaration of common-law union | Applications that rely on a common-law relationship, such as family sponsorship and many permanent residence programs |
| Statutory declaration of severance of common-law union | When a previous common-law relationship has ended |
| Affidavit | Explaining facts or circumstances in an application, appeal or court proceeding |
| Certified true copy | When an institution asks for a certified copy instead of the original document |
| Declaration about name differences | When your name appears differently on passports, certificates or other records |
| Consent letter for a travelling child | When a child travels without one or both parents or legal guardians |
| Letter of invitation | Supporting a visitor visa or Super Visa application; notarization is not required by IRCC but some hosts choose it |
The documents you need depend on the application or proceeding. The examples below are common, but the exact requirements are set by IRCC, the Immigration and Refugee Board, the courts, or the foreign authority that will receive the document.
A notary or commissioner must be satisfied about the identity of each person signing. Please bring valid, unexpired, government-issued photo identification, such as a passport, a driver’s licence or a permanent resident card. The name on your identification should match the name on the document. If it does not, for example because of a change of name or a different spelling, bring documents that explain the difference, such as a marriage certificate or change of name certificate. If we cannot confirm your identity, we may be unable to complete the service.
Your appointment
Notarizing a Document in 5 Steps
A notary or commissioner confirms identity, administers the oath or affirmation, and witnesses or certifies the document. The person signing remains responsible for the accuracy of the contents. If you would like legal advice about what the document should say, or whether it is the right document for your application, let us know when booking so that a lawyer can review it with you.
Documents that will be used in another country often need further steps after they are notarized. Canada joined the Hague Apostille Convention, which came into effect in Canada on January 11, 2024. For documents notarized in Ontario, the Government of Ontario’s Official Documents Services issues an apostille for countries that are members of the Convention, or a certificate of authentication for countries that are not. The receiving country may also require a translation or embassy legalization.
| Destination | Typical next step after notarization in Ontario |
|---|---|
| Country that is a party to the Apostille Convention | Apostille from Ontario Official Documents Services |
| Country that is not a party to the Convention | Certificate of authentication, followed by any legalization required by that country’s embassy or consulate |
| Use within Canada | Usually no further step is needed |
The Government of Ontario states that remote notarization is not permitted under the Notaries Act, and documents notarized remotely will not be authenticated or apostilled by Official Documents Services. If your document is going abroad, plan for an in-person appointment.
Documents in a language other than English or French usually need a translation before they can be used in Canada. IRCC generally requires the translation to be completed by a certified translator, or accompanied by an affidavit from the person who completed it. We can commission the translator’s affidavit where appropriate. Check the instructions of the authority receiving the documents, because translation rules differ between programs and institutions.
Because our lawyers practise immigration and refugee law every day, we understand how sworn statements and certified documents are used in Canadian immigration files, from family sponsorship and economic immigration to refugee and humanitarian applications and Federal Court litigation. We can review whether a document is suitable for its purpose before it is signed and, if you need further help, assist with the related application. Learn more about our other legal services, including opinion letters and responses to procedural fairness letters.
Notary services are available by appointment at our Toronto office at 1 Eglinton Avenue East, Suite 202, near Yonge and Eglinton. Book an appointment online, contact us or call +1 (416) 924-2227. Please tell us the type of document and how many signatures or copies you need, so that we can plan the appointment.
No. Lawyers licensed in Ontario are commissioners for taking affidavits by virtue of their office, but a notary public must be appointed by the Government of Ontario.
No. To certify a true copy, the notary must compare the copy with the original document, so you need to bring the original.
No. Bring the document unsigned. You must sign it, or swear or affirm it, in front of the notary or commissioner.
IRCC does not require it. The letter must, however, include the information IRCC lists about the visitor and the host.
It is not legally required in Canada, but the Government of Canada strongly recommends that a notary public witness the signature.
The Government of Ontario states that remote notarization is not permitted under the Notaries Act, and remotely notarized documents will not be authenticated or apostilled by Official Documents Services.
Usually an apostille for countries that are party to the Apostille Convention, or authentication and possibly embassy legalization for other countries. Check the receiving country’s requirements.
Notarizing or commissioning a document is different from giving legal advice about its contents. If you need advice on what a document should say or how it will be used in your immigration matter, let us know so a lawyer can review it with you.
Commissioning means administering an oath or declaration and witnessing an affidavit or statutory declaration. Notarizing is broader and includes certifying true copies and attesting signatures, often for documents that will be used outside Canada.
Yes. Let us know in advance how many documents, copies and signatures you need, so that we can schedule enough time for the appointment.
Bring documents that explain the difference, such as a marriage certificate or change of name certificate. In some immigration matters, a statutory declaration explaining that the names refer to the same person may also be needed.
Yes. Each person who signs, swears or declares a document must appear in front of the notary or commissioner with their own valid identification.
This page provides general information only and is not legal advice. Requirements for documents depend on the authority that will receive them.