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Commissioner of Oaths & Affidavits
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What is an Affidavit?An Affidavit is a statement of facts made in writing, which is confirmed by the oath or affirmation of the person making it before someone who has the authority to administer an oath or affirmation, such as Commissioner of Oaths etc.
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What is a Statutory Declaration?Like an affidavit, a statutory declaration is a statement of facts made in writing. The statement is verified by the solemn declaration of the person making the statement.
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What does it mean by commissioning of the documents?In our daily activities, we often come across documents, which says that you need to sign the document in the presence of a Commissioner of Oaths/ Notary Public/ Lawyer etc. What it means is that you have to see a person like me who is a Commissioner of Oaths, who has the statutory power to take your oath or declaration. In other words, we have to sit across each other in a meeting, and you will have to sign the document in front of me after you take either oath or solemnly declare that the statements made in that document are true. Thereafter, I as a commissioner of oaths, will sign the document verifying that you sworn/declared the statements on the document as true, in front of me, and I will sign the document and put my seal on the document. The document is then commissioned and ready for your further use.
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My husband needs to sign the document, however, he is very busy with his job and has signed the document, can I as a spouse come to see the commissioner for taking oath, rather than my husband? "No, this is absolutely wrong, and not possible at all. The person whose signature is required on the affidavit or any other document has to meet in person with the commissioner and take the oath or make the solemnly declaration in front of the commissioner and then sign the document. There is absolutely no shortcut to this process.
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Can I take the oath over phone, if I send the affidavit/document to the commissioner by e-mail?"No, it is not at all possible. This is absolutely wrong. The person whose signature is required on the affidavit or any other document has to meet in person with the commissioner and take the oath or make the solemnly declaration in front of the commissioner and then sign the document. There is absolutely no shortcut to this process.
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Can I use an ID for identification puposes which is expired?No. You need atleast one government issued photo ID, which is valid. An expired ID other than your Ontario Drivers License, less than one year, will not be acceptable to verify your identity. The acceptable ID's for signature purposes are: 1) Valid Driver's License 2) Canadian Passport 3) Canadian Citizenship Card 4) Canadian Citizenship Certificate 5) Canadian Birth Certificate 6) Canadian Permanent Residece Card. Unfortunately, we can't accept your Ontario Health Card as acceptable proof of identity.
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Can a commissioner refuse to take an affidavit or statutory declaration?Yes, A commissioner may refust to take an affiavit for any valid reason, such as: 1. The person wishin to make the statement has no valid identification and is unknown to the commissioner. 2. The person does not appear to understand the contents of the affidavit or statutory declaration. 3. The commissioner has reason to believe the person is not acting of their own free will.
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My parents are old. Can a commissioner come to my home or the hospital for their signature?Yes, if you think the person signing on the documents can't move outside of their home because of their health or physical condition, a Commissioner can travel to administer oaths to them and to witness their signature. However, there will be an additional cost associated with this service. Please call in to have more details about your situation.
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Are Commissioner of Oaths and Notary Public same people?No. Commissioner of Oaths etc. and Notary Public are two seperate designations. Certain documents could have signature from either of them, but certain documents need to be signed by Notary Public or a Lawyers only. Although in layman language people use the word "Notarization" which specifically belongs to the Notary Public, but the fact is a Commissioner of Oaths etc. could sign any Affidavit/Declaration or host of other documents. Due to complexity of the law, it is hard for a layman person to understand, hence we suggest that you give us a call and describe your situation, and the document which needs signature in order for us to determine, if the document could be signed as a commissioner of oath etc. or not.
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Would a commissioner help me fill the form, and answer my questions on the form?"No, a Commissioner of Oaths etc. job is to give you oath before your signature on your Affidavit/Declaration/Forms etc. and sign and seal the document. Any statement made on the affidavit belong to the affiant/declarant who is signing the document. If you have any questions regarding the statments mentioned on the affidavit/declaration/form, there is absolutely no way that as a commissioner of oaths would give you any legal advice on them. We take no resposibility of the statments that you have written on your affidavit or declaration or the government form. You may contact your lawyer or a community legal services, to get answers on them before seeing us.
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