How to Become a Commissioner of Oaths in Ontario

In Ontario, the legal system relies on the credibility of sworn statements — and at the heart of that process is the commissioner of oaths. These individuals play an essential role in verifying affidavits, statutory declarations, and sworn documents. You don’t need to be a paralegal or a lawyer to become one, and the process is more accessible than many people realize.

This guide is designed to walk you through the complete process of becoming a commissioner of oaths in Ontario. Whether you're a professional looking to expand your credentials or someone whose job requires regular document witnessing, this blog will help you understand what the role involves, who qualifies, and how to apply.

What is a Commissioner of Oaths?

A commissioner of oaths is someone authorized by the Province of Ontario to take affidavits and administer oaths, affirmations, and statutory declarations. Essentially, they confirm that a person has sworn (or affirmed) that the content of a document is true.

This role is commonly required for:

• Legal affidavits

• Immigration or citizenship paperwork

• Statutory declarations (e.g., declarations of common-law union)

• Government forms that must be sworn

Unlike notaries public — who can also certify copies and act in international matters — commissioners of oaths have more limited powers. Their authority typically applies within Ontario and does not include certifying documents as true copies.

Who Can Become a Commissioner of Oaths in Ontario?

There are two main pathways to becoming a commissioner of oaths:

1. Automatic Appointment (for Lawyers, Paralegals, and Certain Public Employees):

• If you're a licensed lawyer or paralegal in good standing with the Law Society of Ontario, you're automatically a commissioner of oaths by virtue of your license.

• Certain government employees may also be appointed as commissioners without applying through the general public process, depending on their role.

2. Application Process for the General Public:

• If you're not a lawyer or paralegal, you can still apply for a commissioner of oaths appointment if you can show a valid need, typically based on your professional duties.

Eligibility Criteria for the General Public

If you’re not in the legal profession, you’ll need to demonstrate the following:

• You are 18 years of age or older

• You are a Canadian citizen or permanent resident

• You live or work in Ontario

• You need commissioner powers as part of your employment or volunteer duties

• Your employer supports your request (typically in writing)

Examples of professionals who might qualify include:

• Municipal or provincial government workers

• School board administrators

• Healthcare administrators

• HR professionals handling employment affidavits

• Financial services or insurance professionals

• Community leaders involved in immigration or public services

How to Apply

Here’s a step-by-step look at the process for non-lawyers to become a commissioner of oaths in Ontario:

1. Determine Eligibility

• Ensure your role requires you to take affidavits or statutory declarations regularly. This is not a license for personal use — your duties must justify the appointment.

2. Obtain an Employer Letter

• Your employer must provide a formal letter explaining why you need to be appointed. This letter should include:

• A description of your role

• Specific reasons why commissioner powers are necessary

• Confirmation that the organization supports your appointment

3. Complete the Application Form

• Fill out the official Commissioner of Oaths application provided by the Ministry of the Attorney General. You’ll need to provide:

• Personal contact details

• A summary of your duties

• A statement affirming that you understand your responsibilities

4. Submit the Application and Pay the Fee

• Applications are submitted to the Ministry along with the required fee. Fee amounts can vary depending on the term length and appointment type.

5. Await Confirmation

• If your application is approved, you’ll receive a certificate of appointment, which may be valid for a specific period (typically 3 years). You can then legally administer oaths and declarations in Ontario.

Responsibilities of a Commissioner of Oaths

Being a commissioner is a position of trust. Once appointed, your primary job is to administer oaths and affirmations in a lawful and ethical way.

Key duties include:

• Confirming the identity of the person swearing or affirming the statement

• Ensuring the person understands what they are signing and that they are doing so voluntarily

• Completing the required portion of the document (often with your printed name, signature, title, and date)

• Keeping accurate records if required by your employer

You Are Not a Notary Public

It’s important to remember that commissioners of oaths are not the same as notaries public. You cannot:

• Certify true copies of documents

• Authenticate signatures for international use

• Witness all types of documents (e.g., wills, powers of attorney)

If you need these powers, you’ll need to apply separately to become a notary public.

Ethical Standards and Best Practices

As a commissioner, you must act professionally and ethically at all times. This includes:

• Being Impartial: Never administer oaths or declarations for family members, close friends, or yourself.

• Maintaining Confidentiality: You may encounter sensitive information. You must keep it private and secure.

• Avoiding Unauthorized Practice: You are not allowed to give legal advice unless you are licensed to do so.

Violating these rules can lead to cancellation of your appointment or even legal penalties. It's important to fully understand the boundaries of the role before you start using your powers.

Where Can People Get Commissioner of Oaths Services in Ontario?

If you’re not interested in becoming a commissioner but need to access one, there are several places to find one:

• ServiceOntario Centres: Many offer basic commissioner services, such as administering oaths or affirmations.

• Municipal Offices: City halls and town offices often have staff who are appointed commissioners.

• Law Offices: Even if you don’t need full legal services, most law firms can help with affidavits or declarations.

• Notary/Commissioner Businesses: Private professionals or mobile services often advertise as commissioners and can meet you in person or virtually.

• Your Workplace: In many government or large institutional settings, there may already be someone appointed in-house.

Why Become a Commissioner of Oaths?

For many professionals, being a commissioner is a practical addition to your job responsibilities. It saves your employer time and money, adds credibility to your role, and can open up new professional opportunities.

It’s particularly useful for:

• HR departments processing statutory declarations

• Financial services staff handling sworn customer documents

• Government officials providing front-line services

• Social service workers dealing with affidavits and client statements

If you regularly work with legal or government paperwork, the ability to administer oaths can be a major asset.

Becoming a commissioner of oaths in Ontario is a straightforward process — especially if your job responsibilities involve working with sworn documents or official declarations. Whether you're in a public service role, the corporate sector, or a nonprofit organization, this appointment gives you the authority to serve your clients, coworkers, or constituents more efficiently.

Just remember: with authority comes responsibility. Commissioners of oaths are trusted to ensure honesty and integrity in legal documentation. By following proper procedures and ethical standards, you'll not only fulfill your duties lawfully but also help uphold the credibility of Ontario’s administrative and legal systems.

If you need commissioning (or notary public) services, contact Oduraa Legal Services today!