Notarizing Outside Ontario

Bulletin: 76001 Affidavits Sworn Outside Ontario

Bulletin information:
Issue Date: January 7, 1976
Legislation: The Evidence Act, Section 46, The Registry Act, Section 27 and The Notaries Act, Section 4

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There appears to be some uncertainty with respect to the acceptability, under The Registry Act, of an affidavit sworn outside Ontario before a person having authority as commissioner in the place where the affidavit is sworn or before a commissioner for taking affidavits in Ontario. Particularly, there have been suggestions that section 46(3) is intended to mean that an affidavit is not admissible without proof of signature unless it is sworn before a person mentioned in clause (a), (b) or (c) of that section. However, it is the position of this office that an affidavit sworn outside Ontario before any other person referred to in section 46(1) or (2) complies with section 27(2) if his office is shown below his signature. Accordingly, an affidavit sworn outside Ontario before a commissioner should be accepted, provided his office is properly shown. In this connection, the jurisdiction in which he is empowered to act as a commissioner should be indicated as part of his office; e.g., "A commissioner for taking affidavits in Alberta", or similar wording.