Commissioner of Oaths

What is a Commissioner of Oaths?

A Commissioner is a person authorized by the Province of Ontario to take oaths or declarations when you sign an affidavit or statutory declaration. The Clerk, Deputy Clerk, Treasurer, Deputy Treasurer, Permit Intake Coordinator and Planning Clerk are commissioners for taking affidavits for the Township of South Frontenac. This authority is conferred by the Commissioners for Taking Affidavits Act.  

The Commissioner is not responsible for the content of the affidavit. It is the sole responsibility of the person whose signature is being commissioned (the "deponent") to ensure the content of the affidavit. The deponent must understand not only the details to which he or she will attest but also the fact that he or she is swearing an oath that the details are correct. The Township does not supply standard forms for any of the documents listed below other than the planning applications.

In order for an affidavit to be commissioned, the deponent must bring proper identification to prove identity and the affidavit must be signed in the presence of the commissioner. An affidavit that is presented with the signature already included will not be commissioned by Township Staff.

Eligible documents 

The Commissioner of Oaths may* sign affidavits and statutory declarations related, but not limited to, the following:

• consents to travel
• declaration regarding residency (with accompanying documentation)
• vehicle transfers
• change or proof of vehicle ownership
• insurance claims
• pension plan documents
• statutory declarations on government-related forms
• planning applications

* It is at the exclusive discretion of the individual Commissioner of Oaths whether or not they choose to sign the document. If a Commissioner of Oaths is unsure about the identity of the deponent or the content of the document for any reason, the Commissioner of Oaths may refuse to sign the document and the deponent will be referred to a lawyer.

Documents that cannot be signed

It is important to note that a Commissioner for taking affidavits is not the same as a "Notary Public". A Notary Public is a person who is authorized under the Notaries Act to commission documents, certify documents as true copies and to verify signatures. If you require a document to be "notarized" as opposed to "commissioned," the person who administers the oath or affidavit is a Notary Public - which is generally a lawyer. The Township of South Frontenac does not a have a Notary Public. 

 The following is a sample of documents a Commissioner of Oaths cannot sign:

• documents requiring a notary public
• documents that need to be certified
• forms which call upon a Commissioner of Oaths, and also request certified true copies of other documents as attachments. The Commissioner cannot certify attachments and therefore cannot sign the forms.