Notary vs Commissioning vs ILAs

| Jan 20, 2020 | Commission, ILA, Independent Legal Advice, Notary |

What Is The Difference Between A Notary Public And A Commissioner for Oaths

The main difference between a notary public and a commissioner for oaths is where a document is to be used as well as what a person needs. For a simple taking of an oath, both a notary and commissioner are acceptable if for use and made in Ontario. Once outside the province, a notary is required. For example, the Ontario land titles office will not accept an affidavit of execution that is sworn in British Columbia if the document is commissioned. It will allow it if it is notarized.

Furthermore, another difference between a notary public and a commissioner for oaths is that only a notary can make a certified true copy of a document, attest an oath or certify the execution of a document.

Independent Legal Advice (ILA)

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Notwithstanding the difference between a notary public and a commissioner for oaths, neither can give Independent Legal Advice (also known as ILA). Legal advice can only be given by a lawyer in Ontario. Personal Guarantees are also confused in that they require more than just signing off on a document. They require that the person acknowledging a personal guarantee understands the nature of the personal guarantee. Therefore it is very important to bring all documents related to the debt or potential debt being guaranteed to your appointment.