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Notarial Services 

A notary public has the power to witness, certify and attest the execution of a document, and certify and attest documents to be true copies of the original. They also have the powers of a commissioner for taking affidavits to administer oaths and take affidavits, declarations and affirmations. The Commissioner for Taking Oaths Act require that the deponent or declarant be in the physical presence of the commissioner during commissioning. Despite this, s.9(2) of the Act permits the same to be taken remotely.

 

Johnson law provides notarial services for all types of documents. However, due to COVID-19, we are only accepting appointments for the administration of oaths and taking of affidavits, declarations and affirmations remotely and via videoconference. Before entering into a remote commissioning transaction, clients are are urged to confirm whether the receiving organization accepts remotely commissioned documents as they are under no obligation to accept same. 

Below are some examples of the forms in which declarations, oaths and affirmations may be taken:

 

Declarations

The Ontario Evidence Act and the Canada Evidence Act both prescribe the following form for solemn declarations:

“I, (name of the declarant) , solemnly declare that (state the fact or facts declared to), and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

Declared before me (signature of commissioner) at (city or town) this (date) day of (month) , 20 (year).”

 

Unlike declarations, there are no prescribed forms for oaths and affidavits and so, may be taken in one of the following common formulations:

 

Oaths

“Do you swear that the contents of this affidavit as subscribed by you are true, so help you God?”

 

Affirmation

“Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?”

 

Where the deponent requires an interpreter:

“Do you swear / solemnly affirm and declare that you understand the (name of interpreted language) language and the English language, that you shall well and truly interpret the oath to the deponent and all other matters and things as shall be required of you, to the best of your skill and understanding, so help you God?”

Once an affidavit, oath or declaration has been taken, the client may opt to receive a scanned commissioned copy of the document (with seal affixed) via email within 30 minutes. They can also choose to have the document securely and digitally signed through a document sharing system. 

We are here to help! If you wish to have your document commissioned remotely, contact us using our contact form.

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