A Notary Public is person authorized by the government to do the following:

1. Commission / administer oaths and declarations
   • When a sworn statement is put in writing this is called an affidavit. When you use an affidavit, you are claiming that everything contained on the document is correct and true to the best of your knowledge. It is very common to use affidavits as legal documents in many types of court proceedings. When you use affidavits, it’s like taking an oath in court.
   • Example of an “Oath” (religious): “Do you swear that the contents of this affidavit as subscribed by you are true, so help you God?”
   • Example of an “Affirmation” (non-religious): “Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?”
2. Verify the identity of an individual(s) and their signature(s) on the document(s) required.
3. After witnessing signatures, the Notary Public signs and seals the documents with their official “Notary seal”
   • In Ontario, commissioners and notaries help protect people from fraud by helping to verify the integrity of documents used in commercial and legal transactions. When documents are notarized using a Notary seal, the seal acts as confirmation to the courts that the signatures are genuine and not forged or fabricated.
4. Certify that the signatures, marks and copies of documents are true copies of the original document. (called a “Certified Copy” or a “Notarized Copy”)
   • The Notary must compare the original document to the copy and verify its accuracy, or the Notary may make a photocopy and certify the copy they made.
   • When you notarize your document, a notarized document (a Notary seal present on a document), acts as confirmation for the courts that the signatures were placed by a genuine person and not forged or fabricated.

A Notary Public is regulated by the Notaries Act. https://www.ontario.ca/laws/statute/90n06.

• Any document that needs to be legalized and authenticated through Official Documents Services (ODS)
• Any document that needs to be legalized and authenticated through a Consulates or Embassy
• Last Wills & Testament
• Powers of Attorney (Personal Care and Property)
• Separation agreements
• Divorce agreements
• Certified True Copies of original printed, paper documents (either first issued in a paper format, or only ever issued in paper format)
  • Examples include:
    1. Any government-issued photo identification documents such as passports, driver’s licenses,  permanent resident cards;
    2. Vital statistics documents such as: marriage certificates, birth certificates, divorce certificates, and death certificates; university / college diplomas and degrees

• Trusts (including Testamentary Trust)
• Negotiable instruments (Cheques, Promissory notes, Loan agreements, etc.)
• Payment Bond or Letter of Credit
• A document of title (ie: bill of sale, deed), except a contract of carriage (see s.31 of the Ontario Electronic Commerce Act, 2000)
• A document that is prescribed or belongs to a prescribed class under the Ontario Electronic Commerce Act, 2000 (currently none)

Why leave the house if you don’t have to? Many documents can be commissioned remotely online including: affidavits, name change applications, sworn statements, Ontario forms, and any document that requires a commissioner of oaths.

How it works– The oath or declaration must be administered by an electronic method of communication in which the commissioner (TBH legal) and deponent or declarant (you) can see, hear, and communicate with each other in real time throughout the entire transaction.

NOTE: It is your responsibility to contact the recipient / third party of your document (whomever is asking for the document to be commissioned) and confirm that they will accept the document if commissioned online. TBH legal will not contact the recipient for you.

Documents that can be Commissioned / Notarized “remotely” include:

• Any affidavit (affidavit as to identify, affidavit of service, affidavit for divorce, OSAP affidavit, common law status affidavit, affidavit for a lost or damaged passport)
• Registrant Identification Number (RIN) Declaration Letter
• Statutory Declarations (CCDC 9A- Progress Payment Distribution by Contractor, Custodianship Declaration, Declaration Affirming Parentage, Common-law Declaration, Declaration by applicant to correct an error in registration, single status certificate, affidavit waiving vaccinations based on religious grounds)
• Automobile Proof of Loss Insurance Form
• Name Change Application
• Any document that requires a “Commissioner of Oaths”
• Service Ontario / Ministry of Finance Documents (sworn statement for the transfer of a used vehicle in the province of Ontario, Sworn statement for a family gift of a used vehicle in the province of Ontario)
• Invitation Letters (Also known as an “Affidavit of Invitation”, required when inviting a guest to Canada. A Notary will administer an oath/affirmation, observe the party sign the letter, and Notarize the document)
• Recommended Consent Letter for children traveling abroad (aka: travel consent letter)
• Delayed birth registration forms
• Application to amend birth registration
• Application to change a child’s name under the age of 12
• Legal name change application
• Insurance claims
• Passport applications (in lieu of guarantor)
• Pension purpose attestations of recipient being alive and confirming their residency
• Residency document
• Federal government permanent residency card applications
• Municipal Information Form (MIF) for liquor license
• MORE…

1. As a Witness Wills in Ontario must be witnessed by at least two (2) witnesses. TBH legal is able to witness the Will, but will then be unable to provide commissioning to the affidavits of execution. It is best to find someone that knows the testator (the person making the will) but doesn’t have anything to gain from the will. i.e: neighbour, co-worker, friend.The following people can NOT act as a witness to the will:
   • beneficiaries to the will or their spouses
   • executors to the will
   • the notary that will be commissioning the affidavits to the will
   • TBH legal staff
   • a person under the age of 18 years.
   • a person whose property is under guardianship or has a guardian of the person
   • a complete stranger to the testator
2. Affidavits of Execution This is a statement from a witness, under oath, that they witnessed the testator (the person making the will) sign their will. It is recommended that wills contain affidavits of execution for each witness. An affidavit of execution can be done at the same time of the signing of the Will, or it can be done after the testator’s death. It is typically required when a probate application is filed in Ontario. TBH legal does not draft affidavits of execution. The client must bring the affidavits of execution for TBH legal to commission, together with the original Will so the Notary Public can stamp the back of the Will with the “Exhibit stamp”. Download Form 74.8 (Affidavit of Execution of Will or Codicil)
3. Certified True Copies (Wills and / or POAs) Often third parties, such as a bank, might request a notarized copy of a Will or POAs. It is a good idea to clarify by asking “Do you want me to have a notary witness the signature of the witnesses on an affidavit of execution, or do you want me to have a Notary Public make a copy of the original Will and/or POA and certify that it is a true copy of the original? It is the responsibility of the client to find out what is required. TBH legal does not contact third parties on behalf of clients.

1. (TBH legal recommends this option!) Everyone involved signs everything at the same time. i.e: the testator, the witnesses, and the notary. The testator signs the Will first (and initials each page), the witnesses sign the Will second (and initials each page), then the Notary Public will commission the affidavits of execution and stamp the Will as an exhibit to those affidavits. The Notary Public will not initial each page as the Notary Public will not be reviewing each page of the Will.
   
   What to bring to your appointment for this option:

   • The original Will, completed but not signed

   • The two (2) witnesses

   • Affidavits of execution, unsigned

2. Because the Notary Public does not need to witness the testator signing his/her Will, the Will can be signed by the testator in advance. The Notary Public only needs to observe the witnesses sign the affidavits of execution.

   What to bring to your appointment for this option:
   • The witnesses will need to bring the original Will to the Notarization appointment (The Will needs to be there so that the back of the Will can be stamped with the Notary Public’s “Exhibit stamp”.)
   • The witnesses will also need to bring the affidavit(s) of execution.

The person who is making the POA’s is called the “grantor” and the person who is being appointed to act on their behalf is called the “attorney”.

1. As A Witness
   Ontario POA’s require two (2) witnesses. TBH legal can be one of the witnesses.
   NOTE: If you would like TBH legal to act as a witness, then TBH legal would NOT be able to also Notarize the Affidavit of Execution if requested.
   
   The following people can NOT act as a witness to the POA’s:
   • the attorney or the attorney’s spouse / partner
   • the grantor’s spouse or partner
   • the child (or someone treated like their child) of the grantor
   • a person whose property or personal care is under guardianship
   • a person who is under 18 years of age.
2. Affidavits of Execution
   This is a statement from a witness, under oath, that they witnessed the grantor (the person making the POAs) sign their Powers of Attorney.
   NOTE: An Affidavit of Execution is not critical, but it is a great idea to have as evidence should the POA be contested at a later date. This is especially recommended if the POA assigned is not an immediate relative of the grantor.
3. Certified True Copies (Wills and / or POAs)
   Often third parties, such as a bank, might request a notarized copy of a Will or POAs. It is a good idea to clarify by asking “Do you want me to have a notary witness the signature of the witnesses on an affidavit of execution, or do you want me to have a Notary Public make a copy of the original Will and/or POA and certify that it is a true copy of the original? It is the responsibility of the client to find out what is required. TBH legal does not contact third parties on behalf of clients.
   NOTE: TBH legal does not draft Powers of Attorney. More information regarding drafting Powers of Attorney can be found on https://www.publications.gov.on.ca/300975 or https://stepstojustice.ca/guided-pathways/wills-and-powers-of-attorney-preparing-a-power-of-attorney/

Apostille stamps are sometimes requested by third parties outside of Canada. This stamp is not possible to obtain in Canada. In Canada, we are required to provide a “Certificate of Authentication”. This process is recognized by most countries and third parties. This process requires coordination with the Office of Official Documents Canada (ODS) as well as with the consulate or embassy of the country which is relevant to the transaction. (the country where the documents are to be sent)

Note: Notary Publics are unable to authenticate their own documents. Therefore, we cannot provide clients with service for all three steps of the process, just the first step “Notarization”.

1. Contact us by email at rmerucci@tbhlegal.ca or phone 519-777-9303 or through the contact us tab of our website.
2. You will be sent a “Client Intake Form” by email to fill out and submit electronically. You will also be required to provide proof of identity in the form of 2 documents (described on the intake form)
3. Once you have submitted your client intake form and proof of identity, TBH legal will be in contact within a business day or two to determine if the service can or will be done “remotely”, or if meeting in person, we will determine a mutual time and location for the type of service you are requesting. There is no additional “travel” charge to meet in St. Thomas, Ontario. Travel by TBH legal to meet outside of St. Thomas may require a small additional fee depending on the location.
4. At your appointment, you must ensure you have all the documents you require to have Commissioned / Notarized with you. Do not sign any of your documents ahead of time, as they must be witnessed to be Commissioned / Notarized. Bring with you the two (2) pieces of ID that you submitted electronically with your Client Intake Form. (ID should match the name on your document).

   FOR CERTIFIED TRUE COPIES: We cannot make certified copies without seeing the original document(s). In cases where we are meeting at a pre-determined public location, the client will be responsible for bringing the original document(s) as well as the copy(ies) made that it is/are to be Notarized. The Notary Public will compare the original document with the copy before “Notarizing”.

5. You will be sent an invoice for your services by email. Invoice amount is due upon receipt. Payment can be made by cheque, or etransfer to payment@tbhlegal.ca.