Lawyers and paralegals who surrender their licence or whose licence is suspended or revoked by the Law Society are no longer entitled to practise law or provide legal services in Ontario and therefore cannot continue to act as a Commissioner.
When exercising their authority as a Commissioner, 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 the relevant circumstances.
Section 9 1 of the Act provides that every oath and declaration must be taken by the deponent or declarant in the physical presence of the Commissioner or other person administering the oath or declaration.
Where a Commissioner is not in the physical presence of a deponent or declarant, the Commissioner may administer the oath or declaration remotely if the conditions identified in section 1 of O. The Commissioners for Taking Affidavits Act empowers municipal clerks and other officials to take various types of declarations and to administer oaths. A commissioner for taking affidavits also known as commissioner of oaths is not the same as a notary public.
A commissioner has authority only to administer oaths and take affidavits. Please refer to the t abs below which outlines the documents the Region of Waterloo clerks staff can and cannot commission. Affidavits to be filed in court proceedings e. Small Claims Court, Family Court or civil court may be sworn before a court official authorized to take affidavits where the documents are to be filed.
Often a fee is required. 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 on a provincial health insurance card.
You are required to present one original piece of original government-issued photo identification no copies permitted i. It is recommended that you contact the office in advance to ensure a signing authority will be available. A Notary Public and a Commissioner of Oaths are both public officials who are granted the authority to do certain things by provincial statutes. The powers of a Commissioner of Oaths are limited to acts involving affidavits and statutory declarations.
What is the difference between a Notary and a Commissioner? Notary is a public officer who receives and writes the contract, obligations, testament, transactions and other voluntary act as well as official deed. The neutrality and official deed characterizes the notary, which is different from the role of lawyer. The lawyer is not a public officer, defending the interests uniquely for his customers.
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