AMCTO has submitted feedback to the Ministry of the Attorney General regarding the consultation around the proposed amendments to the system of appointments for notaries public and commissioners for taking affidavits. 

The Attorney General is responsible for appointing commissioners for taking affidavits and non-lawyer notaries public. Notaries and commissioners protect the public from fraud by helping to assure the integrity of documents relied upon in commercial and legal transactions. The proposed reforms are being consulted on as part of the government’s commitment to enhance the effectiveness of the justice system, cut red tape, and improve efficiency. 

Areas of discussion for notaries include notarial powers, paralegals as notaries, increased appointment terms and notary examinations. Areas of discussion for commissioners include virtual commissioning, commissioners by virtue of office, and increased appointment terms. 

In consultation with the Association of Municipalities Ontario (AMO) and with the association’s Legislative and Policy Advisory Committee, AMCTO has provided the following advice on reforms for commissioners:
 

• Pursue permissive legislation surrounding the proposed reforms on the technical process of virtual commissioning and its implementation.

• Engage municipalities on the areas of implementation for any reforms that are adopted.

• Support the proposed appointment term extension of seven years as it is anticipated to reduce the administrative burden on clerks. 

AMCTO looks forward to be engaged in this process and will continue to monitor any developments on this file.