Commissioner of Oaths

The Clerk’s Office provides services of a Commissioner of Oaths to Town of Essex residents during regular business hours.

The Commissioner for Taking Affidavits Act, Ontario, confers on Municipal Clerks and other Officials (also known as Commissioner of Oaths) the ability to take various types of declarations and to administer oaths, when you sign an affidavit or statutory declaration.

Affidavits are verified documents containing sworn statements. All parties required to sign the document must be present and must provide valid photo identification in order to have a document commissioned. The Clerk or designate will review the documents to determine if it meets the specifications. Declarants must sign in the presence of a Commissioner of Oaths.

Please note that documents that are in any language other than English will not be commissioned, as we cannot validate the information that is sworn.

Since the nature of documents varies greatly, it is strongly recommended that you contact the Clerk’s Office prior to your visit to confirm that your documents can be commissioned. Appointments are required.

Applicable fee is per page and charged at resident and non-resident rate.

Please note that there are various types of documents that a Town of Essex Commissioner of Oaths is not authorized to commission:

• Wills, “Living Wills”, Codicils to Wills, Trust documents or Estate Settlement documents
• Power(s) of Attorney documents including Any document that is to be executed by an individual acting in their capacity as a Power of Attorney
• Divorce, Separation, Cohabitation or Custody documents
• Documents relating to debt
• Real Estate related documents
• Declaration of Claimant and Identity
• Declaration for Replacement of Shares
• Statutory Declaration for Progress payment
• Holdback Security Deposits
• Statement of Arrears
• Tender documents
• Certified True Copies
• Invitation Letters
• Insurance Documents
• Other Personal-Related Documents
• Any such other documents that the Commissioner of Oaths acting reasonably is not satisfied meets the specifications for the taking of an Affidavit.

Please note that a Commissioner of Oaths is not the same as a Notary Public. If your document requires notarization or you need certified copies of documents, you may need to contact a lawyer or a notary.

Finally please note that:

• Commissioners cannot offer legal advice, or prepare or edit affidavits/statements. Any assistance pertaining to an affidavit should be directed to the agency or party that has required the form.
• It is at the discretion of the individual Commissioner of Oaths whether or not they choose to sign the document. If a Commissioner of Oaths is not satisfied about the identity of the deponent or the contents of the document for any reason, the Commissioner of Oaths reserves the right to refuse to sign the document.
• It is solely the responsibility of the applicant to obtain and prepare all forms of which require a Commissioner of Oaths signature.
• The document requiring a Commissioner of Oaths signature (the document should be completed by should not be signed until before the Commissioner).
• If commissioning your document requires verification of your address, please bring proof of address.
• The applicant is solely responsible for obtaining and preparing all forms requiring the signature of a Commissioner of Oaths.

Guarantor services

Commissioners do not provide guarantor services for Canadian passport applications and certification of true copies.

An individual cannot act as a guarantor and cannot sign an application unless they have known the applicant for a period of at least two years.