What is the Difference Between Commissioner of Oath and Notary Public?

The main difference between a commissioner of oaths and a notary public lies in their powers, authority, and the scope of documents they can handle. Here are the key differences:

Authority: A commissioner of oaths is a person designated by the province to administer oaths and affirmations, take affidavits and statutory declarations, and certify authentic copies of original documents. In contrast, a notary public is a legal practitioner who has acquired specialized expertise and can prepare and attest certain specialized legal documents.
Powers: A notary public has more powers than a commissioner of oaths. A notary can authenticate a document, verifying its truthfulness and the capacity of the person who signed it. On the other hand, a commissioner of oaths cannot verify that a statement is true, simply that the proper procedures have been followed.
Scope of Documents: Notaries are often concerned with witnessing signatures on legal documents, while commissioners of oaths administer oaths and affirmations. Documents authenticated by a notary public can be used outside the country, whereas documents certified by a commissioner of oaths are typically valid only within the country.
Services: Only a notary can make a certified true copy of a document, attest an oath, or certify the execution of a document. Commissioners of oaths can administer oaths and witness signatures on documents, such as affidavits, financial statements, and statutory declarations.

In summary, a notary public has more powers and can handle a wider range of documents compared to a commissioner of oaths. A notary can authenticate documents for use outside the country, while a commissioner of oaths can administer oaths and witness signatures on specific types of documents.

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What is the Difference Between Commissioner of Oath and Notary Public?

Comparative Table: Commissioner of Oath vs Notary Public

Here is a table highlighting the differences between a Commissioner of Oath and a Notary Public:

Feature	Commissioner of Oath	Notary Public
Appointment	Appointed by the province	Licensed by the province
Powers	Can administer oaths, take affidavits, declarations, or affirmations	Has all the powers of a Commissioner of Oath, and can also witness, certify, and attest business documents, contracts, and property deeds
Validity	Legal documents and agreements are valid only for use in the province where the Commissioner of Oath is appointed	Legal documents have wider applicability, depending on the jurisdiction
Common Roles	Often employed at law and real estate offices, municipal councilors, members of the Legislative Assembly, lawyers, students-at-law, judges, full-time commissioned officers of the Canadian Forces, school board trustees, justices of the peace, and police officers	Lawyers and judges are automatically notaries public in Alberta, and other individuals can become notaries public through an application process
Seal	Uses a stamp along with their signature, no seal	Uses a seal in addition to their signature

Both positions are responsible for witnessing signatures on legal documents and administering oaths or affirmations, but a Notary Public has additional powers and their services are not limited to a specific province.

Guilherme Mazui

Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.