The deponent’s or declarant’s signature can usually be confirmed through comparing the signature on a piece of identification such as a driver’s licence or passport. A Commissioner of Oaths that is not a Notary Public may also have a limited Commission. For example, a government employee might have a Commission limited to administering oaths related to their office. A commissioner of oaths only certifies that the required oath or affirmation or declaration has been properly administered.
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COMMISSIONER OF OATHS
Commissioners of oaths are persons who are empowered under provincial or state legislation to administer and witness the swearing of oaths or solemn affirmations in the taking of an affidavit for any potential legal matter. They may also administer the oath for the taking of oral testimony. Commissioners of oaths are also empowered to witness any declaration as required under a statute. The person swearing an oath, making an affirmation or making a declaration is called a deponent or declarant.
Commissioners of oaths do not certify the truth of the statements contained in a document; which remains the responsibility of declarants or deponents themselves. In most provinces and states, a commissioner of oaths must administer the oath or declaration in the manner prescribed by law. This requires that the deponent be physically present before the commissioner of oaths. Also, the commissioner of oaths must be satisfied about the authenticity of the deponent’s or declarant’s identity and signature before he or she can sign the document themselves.
Types of Oaths
Where an oath is being witnessed by a notary public or a commissioner of oaths, the deponent is required to confirm the following: “Do you swear that the contents of this affidavit as subscribed by you are true, so help you God?”.
If this type of oath is not preferred, deponents may instead affirm by responding ‘yes’ to: “Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?” Where a solemn declaration is required instead, the deponent must declare in the positive to: “Do you make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath?”.
In every case, the deponent must be physically present before the notary public or commissioner of oaths.
Additional Service Offerings:
- Acting as Commissioner for Taking Affidavits
- Administering Oaths and Affirmations
- Administering Solemn Declarations
- Affidavit for a Lost Cheque
- Affidavit of Execution
- Affidavit of Identity
- Affidavit of Service
- Affirmations Administered
- Commission of Forms & Declarations
- Commission of Licensing Applications
- Commission of Single Status Statutory Declaration
- Commission of Statutory Declarations
- Commissioner of Oaths Services
- Common Law Union Statutory Declaration Notarized
Commonly Notarized Documents
Insurance and vehicle ownership and regsitration
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- Insurance claims
- Stolen vehicles
- Registrant Identification Number sworn statements
- Vehicle ownership transfer
Including Sworn Statements for Family Gift of a Used Vehicle in the Province of Ontario
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Ontario court forms
Family Law Rules Forms
- Form 6B Affidavit of Service
- Form 14A Affidavit (General)
- Form 23C Affidavit for Uncontested Trial
- Form 26A Affidavit of Enforcement Expenses
- Form 26B Affidavit for Filing Domestic Contract with Court
- Form 32C Affidavit for Warrant of Committal
- Form 34A Affidavit of Parentage
- Form 34D Affidavit of Adoption Applicants
- Form 34G Affidavit of Adoption Licensee or Society Employee
- Form 34J Affidavit of Execution and Independent Legal Advice (Children’s Lawyer)
- Form 35.1 Affidavit (Decision-making Responsibility, Parenting Time Contact)
- Form 35.1A Affidavit (Child Protection Information)
- Form 36 Affidavit for Divorce
Rules of Civil Procedure Forms
- Form 4D Affidavit
- Form 16B Affidavit of Service
- Form 30A Affidavit of Documents (Individual)
- Form 30B Affidavit of Documents (Corporation or Partnership)
- Form 72B Affidavit (Motion for Payment Out of Court)
Rules of the Small Claims Court Forms
- Form 4B Affidavit (Motion for Payment Out of Court)
- Form 8A Affidavit of Service
- Form 11A Affidavit for Jurisdiction
- Form 15A Notice of Motion and Supporting Affidavit
- Form 15B Affidavit
- Form 20M Affidavit of Default Payment
- Form 20P Affidavit for Enforcement Request
Marriage & divorce
- Affidavits of marital status, including separation and common law relationships
- Affidavits of single status
Execution of will or codicil
Including Form 74.8 Affidavit Execution of Will or Codicil
OSAP applications
OSAP affidavits, including sole support status and marital status, can be completed using our OSAP Affidavit Tool. Click here.
Any other affidavits required by law
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