Regulatory changes have been made to include additional positions as commissioners for taking affidavits by virtue of office under the Commissioners for Taking Affidavits Act (the Act).
Effective March 1, 2026, the following positions are included in O. Reg. 386/12: Commissioners and other persons who may take affidavits under the Act, subject to the limitations stated in the regulation, and will no longer have to apply to the ministry for a commissioner appointment:
- First Nation Officers and Police Officers;
- Students at Law (articling students or those enrolled in the law practice program);
- MPP constituency office staff;
- First Nation Chiefs and Council Members;
- Service Ontario staff (public servants only); and
- Conservation Reserve Managers, Park Wardens, Superintendents, and Assistant Superintendents.
Accordingly, effective March 1, 2026, Students at Law will be designated as commissioners for taking affidavits for the duration of their employment/role and can begin taking affidavits and administer oaths, affirmations or declarations for the purposes, and subject to any limitations, specified in the regulation.
The relevant new provision in the regulation reads:
Commissioners by virtue of office
1. (1) The following, by virtue of office, are commissioners for taking affidavits in Ontario:
…
4.2. Persons who have entered into service under articles of clerkship or the law practice program under the Law Society Act, but only in connection with work done as part of the clerkship or program.
Students at Law’s commissioning authority is subject to any applicable internal organizational requirements, such as conflict of interest rules, internal policies, by-laws and/or direction, and there is no obligation that they use this authority if they are not directed to do so as part of their role and responsibilities. Once an individual is no longer employed in the position specified in regulation, they no longer hold this authority under the Act.
As a commissioner by virtue of office, there is no requirement to use a stamp when commissioning. However, commissioners by virtue of office may choose to use a stamp to more easily identify themselves and the documents they commission for verification and/or authentication purposes. The ministry has developed an example of stamp wording for Students at Law. The example is for information and illustration purposes only. It is up to the commissioner to determine the appropriate stamp wording, should they choose to use a stamp, and this wording does not need to be reviewed or approved by the ministry. Stamps can be made and purchased at an office supply company.
The ministry has a guide for newly appointed commissioners for taking affidavits in Ontario on its website. An information sheet providing a high-level overview of the role and responsibilities of a commissioner can be found here.
To further support this transition, the ministry will be holding a virtual information session for new commissioners by virtue of office. While the ministry cannot provide legal advice or comment on specific commissioning needs, this virtual information session is intended to help explain the role and responsibilities of a commissioner. This session will be held through Microsoft Teams on: