Commissioner for Taking Affidavits
Mr. Nicholas Snider has been appointed by the Ministry of the Attorney General as a Commissioner for Taking Affidavits. His office is located in the Postgraduate Medical Education office.
Please note the following before contacting our office to make an appointment:
- Commissioner services are ONLY available to Queen's residents and medical students within the Faculty of Health Sciences and limited to work done in connection with the business of the University (eg CPSO license applications required for residency). These services are provided free of charge.
- A Commissioner is not a Notary Public and cannot sign any documents which require the certification of a Notary Public. Identity documents, including copies of passports, cannot be verified by a Commissioner in the Province of Ontario.
- For a list of Notaries close to campus, please click here.
Responsibilities of a Commissioner A Commissioner of Oaths is able to act as a witness for the signing of documents. The Commissioner is empowered under provincial legislation to administer and witness the swearing of oaths or solemn affirmations in the taking of an affidavit for any potential legal matter. 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.
A commissioner of oaths only certifies that the required oath or affirmation or declaration has been properly administered. Commissioners of oaths do not certify the truth of the statements contained in a document; which remains the responsibility of declarants or deponents themselves.
Any forms or documents should be completed (but not signed) before coming to the office, and identification with a picture and signature is required. Identification should be original photo identification, such as driver's license or passport.
Administering an Oath or Affirmation The person(s) swearing the affidavit must appear before the Commissioner. The Commissioner will verify the identity of the person, satisfy himself of the genuineness of the signature, and will administer an oath or solemn affirmation. The Commissioner does not certify that the statement being made is true but only certifies that an oath has been administered properly.
Difference Between A Notary And A Commissioner: A commissioner for taking affidavits only has authority to administer oaths and take affidavits. A notary public has much broader authority. A notary can "notarize" copies of documents (verify as a true copy). Under section 3 of the Notaries Act, they can also:
"...exercise the power of drawing, passing, keeping and issuing all deeds and contracts, charter-parties and other mercantile transactions in Ontario, and also attesting of all commercial instruments...".
Barristers and solicitors in Ontario are automatically commissioners for taking affidavits. They also have the automatic right to be notary publics; however, in order to exercise the notary public function they must apply for and obtain a notary public seal.