Public Notary Services vs Commissioner of Oaths: Key Differences You Should Know

Jul 8, 2025 - 18:22
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Understanding legal documents can be confusing, especially when you need someone official to witness your signature. Two professionals often come up in this situation: a public notary and a commissioner of oaths. While both roles may seem similar, they serve different purposes and are governed by different rules. Knowing the difference between public notary services and a commissioner of oaths can save time, money, and legal hassle.

This article explores how public notary services differ from a commissioner of oaths, their responsibilities, and when you should use one over the other.

What Are Public Notary Services?

Public notary services involve official witnessing of documents and signatures by a government-appointed individual known as a notary public. A notary public helps prevent fraud by verifying identities, confirming that people understand what they’re signing, and ensuring that documents are signed willingly.

Legal Power and International Recognition

One of the most important features of public notary services is their international recognition. Documents signed before a notary public are often accepted in other countries, especially when used with an apostille or certificate of authentication. This makes public notary services ideal for:

  • Business contracts across borders

  • Immigration and travel papers

  • Power of attorney for overseas use

  • Academic credentials for foreign education

A notary public has broader legal authority than a commissioner of oaths. Their seal and signature carry more weight in international legal matters.

Who Is a Commissioner of Oaths?

A commissioner of oaths is someone legally authorized to administer oaths and affirmations. They verify the truthfulness of statements in written documents, usually for use within the country. This role is more limited in scope compared to public notary services.

Commissioners of oaths are commonly used for:

  • Sworn affidavits

  • Statutory declarations

  • Identity confirmations

  • Court-related documents

They cannot certify copies of documents or notarize paperwork intended for use in foreign jurisdictions.

Main Differences Between Public Notary Services and Commissioner of Oaths

Understanding the clear differences helps you decide whom to approach for your document needs.

Legal Authority

Public notaries have greater legal authority. They can notarize documents for domestic and international purposes. Commissioners of oaths, however, can only validate documents for local use and cannot offer notary services.

Scope of Services

Public notary services include:

  • Notarizing signatures

  • Certifying true copies of documents

  • Preparing notarial certificates

  • Witnessing international contracts

Commissioners of oaths typically:

  • Administer oaths

  • Witness declarations

  • Handle documents under Canadian or provincial laws

International Acceptance

Documents notarized by a public notary are usually valid in other countries. Commissioners of oaths cannot provide services recognized outside their local jurisdiction.

Appointment and Regulation

Public notaries are appointed by a provincial or federal government body and must meet strict qualifications. Their responsibilities are closely regulated. On the other hand, commissioners of oaths may be appointed more freely, sometimes as part of their job roles (e.g., lawyers, police officers, court staff).

Fees and Accessibility

Commissioner of oaths services are often free or cost very little, especially if provided by government offices. Public notary services usually charge a fee, which varies depending on the service and location. However, you may require public notary services if your documents have higher legal or international value.

When Should You Use Public Notary Services?

You should choose public notary services when your documents require legal authority beyond the local level. Here are examples:

  • Sending power of attorney to another country

  • Certifying your degree or transcript for study abroad

  • Legalizing business contracts with international clients

  • Buying or selling property overseas

In such situations, a commissioner of oaths will not be enough. Only a notary public has the power to make your document legally valid in another country.

When Is a Commissioner of Oaths Enough?

If your documents are for local use, a commissioner of oaths is usually sufficient. You might use one when:

  • Swearing an affidavit for court

  • Making a declaration for child travel consent

  • Confirming your name change through a legal statement

  • Signing statutory declarations for government applications

These services are faster and more accessible. Most commissioners of oaths work in municipal offices, police stations, or law firms.

Are Lawyers Public Notaries or Commissioners?

Not all lawyers are notaries, but most are commissioners of oaths by default. In many provinces, a lawyer must apply separately to become a notary public. However, having a legal background helps them fulfill both roles professionally.

If you’re working with a lawyer, ask whether they offer public notary services or act only as a commissioner. This will prevent delays, especially when preparing documents for global use.

Can a Public Notary Also Be a Commissioner of Oaths?

Yes, in most cases, a notary public can also perform the duties of a commissioner of oaths. But the opposite is not true—a commissioner of oaths cannot act as a notary unless specifically appointed. Always verify the credentials of the person offering the service.

What Types of Documents Require Notarization?

Public notary services are essential for documents like:

  • Real estate agreements abroad

  • Overseas adoption papers

  • Letters of invitation for immigration

  • Visa sponsorship letters

  • Translation certifications

  • Loan agreements involving international banks

These documents need high legal reliability and must be recognized in more than one legal system.

How to Choose the Right Service for Your Needs

Making the right choice between public notary services and a commissioner of oaths depends on your situation. Use the checklist below to decide quickly:

Choose public notary services if:

  • Your documents are meant for use outside the country

  • You need certified true copies of documents

  • The receiving party demands notarized signatures

  • You need a high level of legal validation

Choose a commissioner of oaths if:

  • Your document is for a local court or government agency

  • You only need to swear or affirm a statement

  • The document doesn’t leave your home country

  • You want a quicker and more affordable option

Tips Before Visiting a Notary or Commissioner

To avoid delays and extra costs, follow these tips:

  • Carry valid, government-issued photo ID

  • Don’t sign the document in advance—sign it in front of the official

  • Bring all pages of the document, even if only one needs notarization

  • Ask in advance about fees, availability, and any special requirements

  • Make sure the official is licensed and recognized by your province

Being prepared ensures that your document will be accepted by the institution or agency requesting it.

Final Thoughts: Choosing the Right Legal Support

Both public notary services and commissioners of oaths serve important roles in the legal world. While their duties sometimes overlap, the key difference lies in the level of authority and where your document will be used. For local, sworn declarations, a commissioner may be enough. But for any international or high-stakes legal matter, you should rely on public notary services.

Choosing the right service saves time, avoids rejection, and ensures your documents are legally accepted wherever needed. Always verify the requirements of the institution requesting your paperwork and consult a legal professional if unsure.

This knowledge empowers you to make informed decisions and ensures your legal documentation process is smooth and stress-free.