In June 2025, WLAO was invited to share feedback on proposals to modernize Ontario’s notary and commissioner for taking affidavits application program (the program).
The proposals put forward were to:
- extend appointment term lengths from 3 years to 10 years for non-lawyer/non-paralegal notaries public and commissioners for taking affidavits; and
- include additional individuals/positions as commissioners by virtue of office (thereby removing the need for these individuals to apply for a commissioner appointment through the program).
The ministry has carefully reviewed the valuable feedback from all stakeholders and members of the public in considering changes to the program.
- Effective January 1, 2026, term lengths for appointments made through the program will be extended from 3 years to 10 years. Therefore, any new appointment or renewal of an appointment that is processed and approved as of January 1, 2026 will be for a 10-year term.
O. Reg. 337/25 under the Commissioners for Taking Affidavits Act and O. Reg. 338/25 under the Notaries Act have been amended to effect this change.
Appointees will continue to receive a Notice of Approval that sets out details for their appointment (i.e., term length/expiry, limitations). However, certificates of appointment will no longer be issued since the Notice of Approval acts as the appointing instrument confirming authority to act as either a notary public or commissioner.
In addition, these regulations were also amended to:
- remove outdated references that required heads of municipalities to request the appointment of their employees in order for the fee waiver to apply (in both regulations);
- remove an outdated reference that required the former Ministry of Children and Youth Services to request the appointment of children’s aid society employees in order for the fee waiver to apply (in Reg. 76 for commissioners); and
- confirm fee waivers for employees of a First Nation (in both regulations).
- The ministry continues to consider including additional individuals/positions as commissioners for taking affidavits by virtue of office in accordance with O. Reg. 386/12: Commissioners and other persons who may take affidavits.
Should you have any questions regarding changes to the program, please contact Lynn Dicaire, Manager, Legal Appointments – Operations, at [email protected] or 613-986-1353.