Notarial
In Ontario, the practice of notarizing is governed by the Notaries Act. A notary public has all the powers of a commissioner for taking affidavits in Ontario, and can also witness or certify, and attest, the execution of a document, and certify and attest documents to be true copies of the original.
Appointment as Notary
Unlike a commissioner for taking affidavits, lawyers and paralegals must apply and remit an application fee in order to be appointed as a notary public. For information, lawyers and paralegals should consult the Government of Ontario’s website.
Responsibilities of Notary Public
Lawyers and paralegals acting as a notary public are required to comply with the requirements set out in the Act.
When exercising their authority as a notary public, lawyers and paralegals should refrain from providing legal advice unless retained to do so and the provision of such advice is appropriate taking into consideration all relevant circumstances.
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