FOLA provides feedback to MAG re Proposed Changes to the Notary and Commissioner for Taking Affidavits Application Program

The Ministry of Attorney General requested feedback regarding proposed changes to the Notary and Commissioner for Taking Affidavits Application Program (see letter below). We provided feedback on July 24, 2025. Click here to view our submission to MAG.

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From MAG:

Dear Stakeholder: 

I am writing to invite you to provide feedback to the Ministry of the Attorney General (MAG) on two proposals intended to reduce red tape and burden, and to modernize Ontario’s notary public and commissioner for taking affidavits application program.

A commissioner for taking affidavits can take affidavits and administer oaths, affirmations or declarations. Commissioners are governed by the Commissioners for Taking Affidavits Act.

Certain professions (for example, lawyers, paralegals and municipal clerks) are automatically commissioners by virtue of their office and don’t need to apply to be appointed. Individuals that are not commissioners by virtue of office have to apply to the ministry through an application program to be appointed.

The proposals being considered at this time are: 

1. Including additional individuals/positions to the list of those who are automatically commissioners for taking affidavits by virtue of their office in accordance with O. Reg. 386/12: Commissioners and other persons who may take affidavits.

Specifically: 

o   Regulated Canadian Immigration Consultants (RCIC) based and

operating in Ontario.

o   Select ServiceOntario employees. 

o   Police based and operating in Ontario.

o   Students at Law/articling students employed at a lawfirm/organization based and operating in Ontario.

o   Indigenous community representatives in Ontario.

o   Member of Provincial Parliament (MPP) constituency office staff (e.g., Office Manager, Constituency Office Assistant). 

By becoming a commissioner by virtue of office, the individual would no longer need to apply to the ministry to become a commissioner, pay fees or renew their appointment. Their appointment would remain valid so long as they hold the position/title that designated them as a commissioner by virtue of office.

2. Extending appointment term lengths for commissioners and notaries public who are not lawyers/paralegals from three to 10 years.  

o   This only applies to individuals who are not automatically a commissioner by virtue of their office and who must apply to MAG for an appointment via the commissioner and notary public application program.

o   Appointment fees, where applicable, are not being changed at this time. 

These changes are intended to keep costs down and save time and resources for all impacted parties while improving service delivery for those that need to apply to the program for an appointment. 

Please note, the ministry has posted these proposals on Ontario’s Regulatory Registry at https://www.regulatoryregistry.gov.on.ca/proposal/50813 and you can submit your organization’s official written feedback on the registry. You may provide feedback from June 9th to July 24th, 2025.

Should you have any questions or wish to schedule a meeting for more information, please feel free to reach out to sebastian.policht@ontario.ca. We can hold virtual informational meetings should you be interested in meeting with us.

We are interested in hearing your thoughts, feedback and/or concerns on the two proposals described above, particularly how it may impact your sector. If you have any suggestions for other groups that the ministry should consider designating as commissioners by virtue of office, we encourage you to share them for our consideration.

Your feedback will help inform future regulation consideration/development. Attached are several discussion questions for you to consider when providing your feedback.