Tue, 21 May 2024 20:55:21 -0700WeeblyFri, 01 Jan 2021 05:27:49 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/terms-of-use-copyright-trademarksTERMS OF USE: any form of communications, direct or indirect, whether via e-mails, telephone, faxing, or other promotional materials, including but not limited to, browsing through this website, or by direct verbal communication with Vinh T. Tran on any issue, legal or not, do not and will not constitute solicitor-client relationship, unless and until a monetary retainer is provided to Vinh T. Tran and/or a written retainer is signed by the client and Vinh T. Tran.

Unless required by law or instructed by the client to hold documents and materials belonging to the client, Vinh T. Tran does not hold or is responsible for the loss or damage of any original documents or materials sent to his office via emails or to the address as indicated on his contact information.

COPYRIGHT and TRADEMARKS STRICTLY ENFORCED as to the use of some, all, the combination, or the ordering, of the words, terms, symbols, tags, and contents used in this website ad and those found on other websites provided by Vinh T. Tran, is strictly prohibited.

The following Registered Trade Names are registered to The Law Offices of Vinh T. Tran, Esq.

ONeLAW.ca
1LAW.ca
Toronto Mobile Lawyer
Toronto Mobile Notary Public
House Call Notary Public
Lawyers Help Me!
Attorneys Help Me!
Notary Public Help Me!

The following Domain Names are registered to the Law Offices of Vinh T. Tran, Esq.:

Toronto 1LAW Legal Servives www.1law.ca
Toronto Affidavits Commissioner of Oaths www.affidavits-commissioner-oaths.com
Toronto Attorney Directory & Lawyer Referral Services Website: www.attorneydirectory.website
Toronto Attorney & Lawyer HELP ME www.attorneyhelp.me
Toronto Attorney & Lawyer Search Website www.attorneysearch.website
Toronto Attorneys & Lawyer HELP ME www.attorneyshelp.me
Brampton Notary Public Services www.bramptonnotarypublic.com
Brampton Notary Public Services www.burlingtonnotarypublic.com
Canada Notary Public Services www.canada-notary-public.com
Toronto Commissioner of Oaths Services www.commissioner-of-oaths.ca
Toronto Commissioner of Oaths Services www.commissioner-of-oaths.com
Toronto Commissioner For Taking Affidavits www.commissionerfortakingaffidavits.com
Toronto Contracts Legal Advice Lawyer www.contractslegaladvice.com
Criminal Lawyer HELP ME - Lawyer Referral Services Search www.criminallawyerhelp.me
Divorce Lawyer HELP ME - Lawyer Referral Services Search www.divorcelawyerhelp.me
Downtown Notary Public Toronto www.downtownnotarypublictoronto.com
Downtown Toronto Notary Public www.downtowntorontonotarypublic.com
Toronto Employment Lawyer HELP ME Lawyer Referral Services www.employmentlawyerhelp.me
Etobicoke Notary Public www.etobicoke-notary-public.com
Toronto Family Lawyer HELP ME - Lawyer Referral Services www.familylawyerhelp.me
Find a Lawyer in Toronto Website www.find-a-lawyer.website
Find a Notary Public in Toronto Website www.find-a-notary.website
Toronto Lawyer Foreign Divorce Opinion Letter www.foreigndivorceopinionletter.com
HOUSE CALL NOTARY www.housecallnotary.ca
HOUSE CALL NOTARY website www.housecallnotary.website
HOUSE CALL NOTARY PUBLIC CANADA www.housecallnotarypublic.ca
HOUSE CALL NOTARY PUBLIC WORLD www.housecallnotarypublic.com
HOUSE CALL NOTARY PUBLIC WEBSITE housecallnotarypublic.website
Toronto Independent Legal Advice Lawyer www.ila-lawyer.com
Toronto Immigration Lawyer HELP ME www.immigrationlawyerhelp.me
Toronto Injury Attorney HELP ME - Find an Attorney - Locate and Referral Services www.injuryattorneyhelp.me
Toronto Injury Lawyer HELP ME - Find a Lawyer - Locate and Referral Services www.injurylawyerhelp.me
TORONTO LAWYER 411 DIRECTORY - Locate and Referral Services www.lawyer411directory.com
Toronto Lawyer HELP ME www.lawyerhelp.me
Toronto Lawyer Referral Service Website www.lawyerreferralservice.website
Toronto Lawyers HELP ME www.lawyershelp.me
Toronto Lawyer Legal Contracts www.legalcontractslawyer.com
Markham Notary Public Services www.markhamnotarypublic.com
Mississauga Notary Public Services www.mississauga-notary-public.com
Mississauga Notary Commissioner Services www.mississauganotarycommissioner.com
TORONTO MOBILE NOTARY PUBLIC www.mobilenotarypublic.ca
TORONTO MOBILE NOTARY PUBLIC WEBSITE www.mobilenotarypublic.website
Newmarket Notary Public Services www.newmarketnotarypublic.com
Notary York Notary Public Services www.northyorknotarypublic.com
Toronto Notary Public HELP ME www.notarypublichelp.me
Oakville Notary Public Services www.oakville-notary-public.com
Toronto Mobile Lawyer ONELAW.ca Toronto Virtual Law Office www.onelaw.ca
Ontario Notary Public www.ontario-notary-public.com
Ontario Business Lawyer www.ontariobusinesslaw.ca
Ontario Civil Litigation Lawyer www.ontariocivillaw.ca
Ontario Entertainment Lawyer www.ontarioentertainmentlaw.ca
Ontario Wills and Estate Lawyer www.ontarioestatelaw.ca
Ontario Immigration Lawyer www.ontarioimmigrationlaw.ca
Ontario Public Law Lawyer www.ontariopubliclaw.ca
Ontario Real Property Law Lawyer Referral Services www.ontariorealpropertylaw.ca
Toronto Paralegal HELP ME - Paralegal Legal Referral Services www.paralegalshelp.me
Toronto Personal Injury Attorney HELP ME Search Find Contact Locate and Referral Services www.personalinjuryattorneyhelp.me
Toronto Personal Injury Lawyer HELP ME - Search Find Contact Locate and Referral Services www.  personalinjurylawyerhelp.me
Pickering Ajax Notary Public Services www.pickering-ajax-notary.com
Toronto Powers of Attorney Lawyer www.powers-of-attorneys.com
Toronto Real Estate Lawyer HELP ME - Lawyer Referral Services - Locate Find and Search for a Lawyer www.realestatelawyerhelp.me
Richmond Hill Notary Public www.richmondhillnotarypublic.com
Scarborough Notary Public www.scarborough-notary-public.com
Scarborough Notary Commissioner of Oaths Services www.scarboroughnotarycommissioner.com
Toronto Lawyer Directory - Find - Search - Locate and Retained - www.toronto-lawyer-directory.com
Toronto Wills and Estate Lawyer www.toronto-wills-lawyer.com
Toronto Commissioner of Oaths Services www.torontocommissionerofoaths.com
Toronto Lawyer Website Referral Services www.torontolawyer.website
Toronto Lawyer 411 Directory Legal Referral Services www.torontolawyer411.com
Toronto Mobile Lawyer www.torontomobilelawyer.ca
Toronto Mobile Notary www.torontomobilenotary.ca
Toronto Mobile Notary Public www.orontomobilenotarypublic.ca
Toronto Notary Public Website Find www.torontonotarypublic.website
Upper Canada Notary www.uppercanadanotary.com
Upper Canada Notary Public www.uppercanadanotarypublic.com
Vaughan Notary Public www.vaughannotarypublic.com
Vinh Tran Law Office - Toronto Virtual Law Office www.vinhtranlaw.ca
Toronto Wills Attorneys Lawyers www.wills-attorneys-lawyers.com
Toronto Wills Lawyers HELP ME www.willslawyerhelp.me
Woodbridge Notary Public www.woodbridgenotarypublic.com

*NOTICE to Competitors* Intellectual Property In Full Effect: Adding the letter "s" to a word such as "Housecalls Notary Public" or adding a word before or after "Mobile Notary Public" such as "24/7 Mobile Notary Public Services" is STILL plagiarism and an intellectual infringement. As legal professionals, you are expected to come up with your own terms and ideas when conducting your legal practice. Your reputation is everything. Violating my copyrighted materials and registered trade names while refusing to disclose your identity and credentials is unethical and contrary to the Rules of Professional Conducts. Attempts to passing off my registered trade names and goodwill will be reported to the Law Society of Upper Canada and challenged in court. Take note that violating my copyrighted materials without prior written permission at your own peril.


Vinh T. Tran, Esq, Barrister & Solicitor, Notary Public, reserves all rights, including but not limited to, the right to seek civil damages and other remedies including costs thereof on a substantial indemnity scale basis against the violators and reporting the violators to their governing body, in Ontario, violators who are lawyers and paralegals will be reported to the Law Society of Upper Canada.]]>Fri, 13 Mar 2015 07:10:47 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/common-law-union-declaration-1328-lawyer-notary-commissioner-for-taking-affidavitsStatutory Declaration of Common-law Union

A statutory declaration of common-law union is often required for various purposes by governmental agencies, both in Canada and other countries around the world where common-law relationship is also legally recognized. The legal definition of a common law relationship depends on the legislation, matter, and circumstances ranging from living together over a 12-month period to 36-month duration caring for a child. 

The specific format or template depends on which agency requires such declaration to be executed before a commissioner of oaths. Often these agencies have their own template that must be completed by the applicant(s)/affiant(s)/declarant(s). Therefore, one should contact the agency directly to seek advice where and how to obtain such statutory declaration template.

If the agency does not have a formal form or template of its own, then it is certainly acceptable to execute a general statutory declaration to address the issues directed at supporting the common-law relationship between individuals. These issues may include, but not limited to, the place, date or circumstance that formed the relationship as well as description regarding shared properties in title/name between the individuals, such as bank accounts. You may contact my office via email at vinhtranlaw@hotmail.com for a sample template.

The following are some example scenarios where a statutory declaration of common-law union may be required to be commissioned before a notary public or a commissioner of oaths:

• Statutory Declaration of Common-Law Union for Immigration purposes.
  
• Statutory Declaration of Common-Law Union for application for benefits under the Canada Pension Plan and Old Age Security Act.
  
• Statutory Declaration of Common-Law Union for court related matters.
  
• Statutory Declaration of Common-Law Union to purchase or sell real estate property.
  
• Statutory Declaration of Common-Law Union for OSAP application.
  
• Statutory Declaration of Common-Law Union for same-sex relationship.
  
• Statutory Declaration of Common-Law Union to use your common-law partner’s last name.

]]>Fri, 13 Mar 2015 07:08:00 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/what-is-an-apostille-certification-1328-notary-authentication-16-legalization-toronto-lawyerFree Information Re: Notarization, Authentication, Legalization and Apostille of Documents. What is it? What's the procedure? DIY - How To:

• How to Authenticate a Notary Public in Toronto, Ontario?
• What is Legalization?
• What is an Apostille procedure?

Apostille of a document is to certify the document with a special Apostille stamp or by way of issuing a certificate so that the document could be used or be recognized in foreign countries. The Apostille procedure is meant to eliminate the chain of cumbersome and costly process of:

• notarization (by a notary public);
• authentication (by the government agency that holds records of registered notaries public); and 
• legalization (by the foreign consulate or embassy where the document is to be used)

Many countries around the world wanted to eliminate the above required procedures to a single formality called Apostille. Hence, they agreed to be signatories to a treaty called the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents, it is also known as the Apostille Convention. Unfortunately, Canada decided not to sign the said treaty. As a result, in order for public documents in Canada to be recognized in foreign jurisdictions, the traditional certification procedures mentioned above must be employed.  

More information about the Apostille Convention can be found through the following links: Wiki and Hague Conference on Private International Law

Many lawyers, notaries public, commissioners of oaths, and various agencies will often charge you a fee to have the notarized documents authenticated and legalized. However, both the authentication and legalization processes are not as complicated as these individuals would like to have you believe. In fact, you can do it all on your own and save yourself a lot of money. Why pay someone ridiculous sum of money to mail your documents on your behalf? They cannot expedite the processing of your documents any faster than you personally attending at the governmental offices and embassies yourself. 

The most important step is to verify the credential of the person who claims to be a lawyer, notary public, and commissioner of oaths. One of the easiest ways to verify the credential of these professionals is through the Law Society of Upper Canada's Lawyer Directory. Unless you are able to confidently confirm the person's name, contact information, and credential as found on the directory, do not use such services for notarization. In short, any delays or impediments to the processing time of your documents are usually due to the fact that the government agencies and embassies cannot quickly and easily verify the legal authority of the lawyer/notary public.

The second step is notarization. You will need to find a qualified and verifiable lawyer, notary public, and commissioner of oaths to notarize your documents. The notarization process requires the lawyer/notary to either witness you sign a document or to compare your original document with a photocopy of the same and issuing a notarial certificate or placing a seal and a signature on the photocopy verifying it to be a certified true copy of the original copy. In many provinces, particularly in Ontario, if you intend to submit the document for authentication and legalization procedures, then the issuing statement, signature and seal of the the lawyer/notary must be on the same photocopy document. Government agencies will not accept a notarial certificate from lawyer/notary attached to the photocopy document. This policy is enforced to ensure that a person could not replace the photocopy document and using a notarial certificate which was issued for another photocopy document.

The third step is authentication, the process of verifying the legal authority and registration of the lawyer/notary public/ commissioner of oaths, who officiated, notarized, and/or commissioned your documents to ensure that the person is not a fraudster and the documents he/she notarized is not rendered invalid. To authenticate, you will need to consult with the receiving embassy or consulate whether they wanted your documents to be authenticated federally or provincially. You will be required to submit your notarized documents (including the name and contact information of the notary public), your identifications and a fee to have your documents authenticated by one of the following Canadian Government Authorities:

a) Federally, through the office of the Foreign Affairs and International Trade Canada. Additional information can be found on that link in respect to authenticating your documents federally. It is very important to click on the mentioned link as it is will advise you ways to save money and time by asking the department to forward your authenticated documents to the embassy of your choice for completion of the legalization process.

b) Provincially, through the office of the Ontario Ministry of Government Services, the Official Documents Services Branch. Additional information can be found on that link in respect to authenticating your documents provincially. In Toronto, the fee to authenticate the registration of your notary public's signature and seal is $16 (this is a fraction of the cost that many lawyers and notaries public and various agencies try to get from you. On average they are charging over $180 plus the $16 fee disbursement): 
            
Official Documents Services
Jarvis Street and Dundas Street in downtown Toronto:
222 Jarvis Street, Main Floor, Toronto, M7A 0B6
The entrance for Official Documents Services is located on the north side of the building            
Telephone: (416) 325-8416
Facsimile: (416) 325-8434
Email: official.documents@mgs.gov.on.ca

Once the Canadian Government Authority is satisfied that the signature and seal of the notary public on the document is not fraudulent, they will issue a certificate or another seal to confirm the authenticity of the document and the notary public's registration and credential. 

The final step is legalization, or sometimes called superlegalization, which is done through the receiving embassy or foreign consulate located in Canada. Most consular offices will require that you contact them to make an appointment in advance. You will be required to submit your Canadian government authenticated documents, your identifications and a fee, to the receiving embassy who will place yet another seal or stamp and legalize your documents to be used and recognized in its country.

I hope I have clarified the procedures of getting your documents Apostille: credential verification, notarization, authentication, and legalization. Most importantly, I hope that you will be able to do it all on your own and saving yourself time and money.]]>Fri, 13 Mar 2015 07:04:17 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/lawyer-notary-oaths-commissioner-1328-children-consent-letter-to-travel-abroad-notarizationChildren and Notarized Letter of Consent to Travel

Many countries around the world, including Canada, require that proper documents are presented to  Customs Authorities before they will allow exiting from/ entry into their countries with minor children. Foreign Customs and Immigration Officials are trained to look for missing children and they have the legal right to ask questions about any children travelling with an adult, even if that adult is the children's own biological parent. Furthermore, it does not matter that the children and the adult travelling with them are Canadian Citizens, Canadian Customs and Immigration Officials may still seek to ask questions before allowing such persons re-entry into Canada. Therefore, when travelling with children, it is prudent and prepare to present various documents to Customs and Immigration Officials, both domestically and internationally. These documents may include, but not limited to:

1. Birth certificates showing the names of both parents;
2. Death certificate, if one of the parents is deceased.
3. Legal Documents pertaining to custody order granted by a family court judge;
4. Citizenship and/or other relevant ID's as required by the country you want to enter with the children;
5. Valid Passports; and
6.  Notarized Letter of Parental Consent for the children to travel.
   

As recommended by the Department of Foreign Affairs and International Trade Canada, in order to ensure that the Parental Consent Letter will not be questioned by Customs Authorities, the letter should be certified/notarized and sealed with a notary public stamp by a person who has the authority to administer oaths and solemn declarations. Vinh T. Tran is a PRACTISING LAWYER, a notary public, and a commissioner of oaths, in and for the Province of Ontario, can assist in swearing the consenting parent under oath, witnessing the signing of the consent letter and notarizing the consent letter to allow your children to travel. 

1. If your child is travelling with one parent, the other parent (the parent NOT travelling must give consent) MUST be present before Vinh T. Tran to be sworn under oath, to witness the signing of the consent letter, and finally sign, date and sealing the letter with a notary public seal stamp in order to give permission for the child to travel with his/her spouse or the parent who is travelling with the child;
2. If your child is travelling alone, then BOTH parents MUST be present before Vinh T. Tran to be sworn under oath, sign and date the letter in order to give permission for the child to travel alone.
3. If your child is travelling with neither parents, i.e. with a relative exp. Grandparent/ Older sibling/ Aunt/ Uncle etc., then BOTH parents MUST be present before Vinh T. Tran, to be sworn under oath, sign and date the letter in order to give permission for the child to travel with an accompanying adult/ relative.
4. If you are in a blended family, all parents may need to be present with proper photo ID's before Vinh T Tran, to be sworn under oaths, sign and date the letter in order to give permission for the child/children to travel out of the country. 

Although there is a sample consent letter for children travelling abroad on the government website, it is not the formal and official letter that must be used. As every situation is unique, there is no formal template for which you can download. As such, you may draft your own letter to fit the dynamic of your family exp. blending family, multiple children, restrictions due to court order or by agreement etc, as long as you include the relevant information, including but not limited to:

• Parents' full legal names and profession, contact information and support identification number (DL or passport #).
  
• Child or list the names of all the children, including DOB and passport numbers and citizenship.
• Information about the adult travelling with the minor, including full legal name, relationship, profession, citizenship and contact information.
• Information about the location(s) and duration you permit the consent letter to take effect.
• The name and contact information of the lawyer/notary public who will seal the letter.

Furthermore, it is important to note that depending on the dynamic of your family relationship and composition, it is perfectly reasonable to execute a blanket travel permission letter whereby the parents can give each other permission to travel with their children in the absence of the other parent. Depending on the comfort level of the relationship between the parents, it is also reasonable to either list all the countries one would like to permit the child to travel or state "any country worldwide" or to limit traveling to certain countries. Whereas the parents may specify the dates of travel or to limit the travel to 5 or 10 years or to the expiration of the child's passport. The blanket permission letter will save you both time and money. If you would like a sample blanket template, please contact my office at vinhtranlaw@hotmail.com for free sample template.

It is equally important to confirm the travel advisories as well as the embassy to see whether there are any other requirement needed to be fulfilled before you can embark on your vacation. For example, in the near future, travelling to Mexico will require numerous documentation procedures including translation of the consent letter into Spanish, notarization of the consent letter, authentication of the notary public who notarized the letter then get it legalized at the embassy offices. For more information, please contact the:

CONSULATE GENERAL OF MEXICO IN TORONTO
Coverage: Ontario and Manitoba Address:
11 King Street West, Suite 350
Toronto, Ontario, M5H 4C7
Telephone: (416) 368-2875
Fax: (416) 368-8342
Email:cgmtoronto@consulmex.com 
Website: http://www.sre.gob.mx/toronto/

If you require a sample template of the consent letter for children to travel abroad from my office, please email vinhtranlaw@hotmail.com and request for a free template.

A final point that I would like to suggest is to search for a reasonable priced notary public to notarize your consent letter for your child(ren) to travel. There is no justifiable reason for paying any lawyer $60 to $100 for a simple signature and seal. Instead, use the suggestions I have provided above and find a lawyer who can provide the service for a cheap fee then take the saving to purchase travel insurance for the trip. Travel insurance is absolutely vital for any trip outside your home province/country. Spend your money wisely, get a cheap notarization done then use the saving to purchase travel insurance. ]]>Fri, 13 Mar 2015 06:58:07 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/free-invitation-letter-sample-1328-visitor-visa-notarization-in-toronto-ontario-canadaFor more information about applications and procedures to visit Canada, please visit the CIC link.

Canada will only permit a limited number of citizens from “friendly” countries around the world to visit Canada as a tourist/temporary resident without a proper visa. As a general rule, if you are a holder of a foreign/alien’s passport/travel document, you will need to apply for a visa for entry into Canada.

As Canadian Citizens and Permanent Residents, you are entitled to be reunited with family members and friends in Canada who live in other countries around the world. You may wish to invite them to visit for a vacation, for a special occasion like the birth of your child, a wedding, a medical emergency or death on compassionate grounds.

The Consular offices and the Department of Citizenship and Immigration Canada will issue tourist visas to your family and friends provided you provide them with genuine and sufficient information/documentation regarding the visit to Canada.

Although the CIC website indicates that “sometimes… they may ask for a letter of invitation from someone in Canada”, it is actually a standard requirement that should be followed and provided for all applications for a visitor visa or a super visa to Canada.

At minimum, the required information as listed on the CIC website should be provided within your letter of invitation.

The common reasons that many applications for a visitor visa get rejected or a denial include the following:

1. Failure to provide the enumerated list of information and documentation clearly indicated on the CIC website;
2. Applications not properly signed and dated;
3. Lack of travel history or not providing a proper reason why there is a lack of travel history;
4. Insufficient information about ties to home country or evidence that shows there are ongoing family or work obligations or assets and other properties that the visitor will need and want to return home upon completion of the expected travel vacation/visit to Canada;
5. Insufficient information that the family and friends in Canada will have sufficient funds or unwillingness to provide for, or a lack of a proper undertaking statement of responsibility for the visitor/tourist during his/her stay in Canada; and
6. Lack of evidence that health and travel insurance coverage will be purchased if the visa is granted. Canada will not be responsible for any medical costs for foreigners. Medical cost is NEVER free. Provincial Health Care Plan, or OHIP, if you are living in Ontario, will not cover medical and emergency costs for tourists/visitors.

As indicated on the CIC website, the Government of Canada does not guarantee that it will grant a visitor visa even if a letter of invitation is submitted. However, based on my legal practice and experience, submitting a proper notarized letter of invitation signed and sealed by a registered officer of the courts and lawyer will definitely help a lot. The fact is, this is not just any letter, it is actually a statutory declaration of responsibility. It is a legal document. You must provide information you know is truthful and in good faith. When you get it notarized or commissioned, you are swearing under oaths before an officer of the courts. There are real criminal sanctions and consequences if you are found to be providing false information within the letter.

I encourage you to contact my office via email vinhtranlaw@hotmail.com and ask for a free sample template of the letter of invitation for your revision and use. Review my website for fees and contact my office again for a meeting for notarization.
]]>Fri, 13 Mar 2015 06:54:03 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/passport-canada-notarization-1328-lawyer-notary-public-commissioner-for-taking-affidavitsIn recent years, Passport Canada has changed its requirements so that you will no longer have to attend at a lawyer’s office for notarization for application, renewal, or replacement of a lost or damaged passport. Guarantors and references can be your friends, family members, or employers, who have known you for more than several years and who are of the age of majority and a Canadian citizen. Application and renewal of passports can be done via regular mail, at the postal offices or receiving offices, and the designated Passport Canada offices.

In the event you are new to the city and you have no one to act as your guarantor, then a lawyer, notary public, commissioner of oaths, or justice of the peace may assist in swearing you under oaths, sign and seal the form called the Statutory Declaration in Lieu of a Guarantor. This form is only available for in-person pick up at the passport offices. To save you time waiting in line, the form is often kept by the security/reception desk at the passport offices.  You will need to pick up the form from the passport office, get your passport photos taken, contact one of the mentioned officials and get the form sign and seal, bring that form back to the passport office along with your application, photos and the required fee. This process can only be done in person at the passport office.

New travel regulations for Canadians now require a valid passport for entry into the United States and many other countries down in the Caribbean. As a result, there may be people who might be caught by the new rules. If you are one of those individuals who allowed their passports to expire and your travel flight is coming up within days, Passport Canada offers emergency, express and urgent passport processing for an extra fee. The fastest processing time is around 24 hours. In very rare cases, a 12 hours turn-around time may be requested. Except for certain holidays, there are passport offices in the Greater Toronto Area that also open during the weekends. Again, you will not need the services of a lawyer or notary public for emergency passports, unless, you require a signed and sealed Statutory Declaration in Lieu of a Guarantor or an Affidavit of Sole Legal Custodian Parent Applying on behalf a child.

New laws require that both parents must sign a child's passport application. Even if you have sole custody of the child by evidence of a court order, it is now a requirement that the other parent must sign on the child's passport application. There may be circumstances wherein you are unable to locate the other parent to obtain his/her signature, you will be required to come before a lawyer/notary public/ commissioner of oaths/ to execute an Affidavit of Sole Legal Custodian Parent Applying For a Passport on behalf of child. You may email my office at vinhtranlaw@hotmail.com for a free sample template. Within this Affidavit, you will need to include the following statements:

1. Your relationship to the child
2. Your child's name and dob and any previously issued passport numbers.
3. Name and last known contact information (address, phone, email etc.) of the other parents and details regarding your attempts to contact the person without success.
4. Attaching certified true copies of your ID's (passport, DL etc.) and a certified true copy of the court order.
5. Final statement affirming the purpose of the Affidavit due to the inability to make contact with the other parent for his/her signature in order to apply for a Canadian Passport for your child.
]]>Fri, 13 Mar 2015 06:34:50 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/lawyernotary-public-1328-used-vehicle-transfer-family-gift-statutory-declarationTransferring ownership of a used vehicle between unrelated persons will trigger a sales tax collection and payment to be given to the government. 

A transfer of a used vehicle between related family members as a gift can prevent payment of tax to the government upon submission of the following documents to Service Ontario centre:

• a completed sworn statement for a Family Gift of a Used Motor Vehicle in the Province of Ontario form
• proof of Ontario insurance
• your Ontario driver's licence
• Safety Standards Certificate (not required for spouse to spouse transfers)
• emissions test (if applicable)
• vehicle ownership permit with the completed portion on the back, and
• a completed plate transfer declaration if you are also transferring the licence plate (this is required on spouse to spouse transfers in order to exempt them from the Safety Standards Certificate and the Drive Clean emissions test requirements).

The Sworn Statement for a Family Gift of a Used Motor Vehicle can be signed and sealed by a Lawyer, Notary Public, Commissioner of Oaths or a Justice of the Peace for a fee. Pursuant to the city bylaws, most municipal councilors will also have the legal authority to sign and seal this form for free if you are able to arrange a meeting with your local councilors.]]>Fri, 13 Mar 2015 06:32:24 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/toronto-certified-true-copies-notary-1328885-lawyer-commissioner-for-taking-affidavitsIn Ontario, only a notary public is legally authorized by way of legislative mandates to certify and validate a photocopy of the original document as “certified true copy of the original document.”

Many people mistakenly assume that by the authority of certain professions or by virtue of the government offices they hold, that they are entitled to certify a document as a certified true copy. Many people still believe that for examples: doctors, principals, postmasters, clergies, engineers, police officers, accountants, bankers, city councillors, immigration consultants, and even lawyers, paralegals and commissioners of oaths have the automatic legal authority to notarize and certify a document as a certified true copy. It is true that these individuals by the authority of their offices may be guarantors or having the authority to swear a person under oaths (city councillors, lawyers, paralegals, commissioners of oaths etc.), or to endorse the document within the specific scope related to their profession and within geographic limits, and limited duration. However, in Ontario, legally they do not have the authority to notarize documents until such time that they get themselves registered or get appointed to become notaries public pursuant to legislative requirements (the Notaries Act, R.S.O. 1990). Hence, until such a time, they do not have a registered notary seal for use on the certified true copies.

The process of certifying a document requires the notary public to inspect/examine the photocopy and the original document and comparing the two documents to ensure that the photocopy is exactly the same as the original document. When the notary public is satisfied that the two documents are identical, by the authority under the Notaries Act, R.S.O. 1990, he/she will insert a certifying statement onto the document or through a cover letter certificate certifying and validating the photocopy document as the “true and accurate copy of the original document as examined on a specified date.” A signature of the notary public and his/her original notary public seal notary stamp will be signed and imprinted/embossed on the document to finalize the process. The main purpose of notarizing a document as a certified true copy is to avoid surrendering or giving up possession of the original document to certain agencies for fear of lost or damage of the original document. A notable point regarding this process is the fact that it does not certify that the original document is genuine, only the issuers of the original document (schools, universities, colleges, police offices, passport offices and other government agencies etc.) can validate the genuineness of the document. The process of certifying a document as a certified true copy merely confirms that the photocopy is the exact copy of the primary/original document.

For examples of the various documents and certificates that a notary public is often requested to certify as certified as certified true copies or notarial true copies are:

• Certified true copy seal for a passport
• Certified true copy seal for a driver's license
  
• Certified true copy seal for a citizenship card
• Certified true copy seal for a permanent resident card - PR Card
  
• Certified true copy of university degrees and diplomas
  
• Certified true copy of highschool transcripts
• Certified true copy of university transcripts
• Certified true copy of birth certificate
• Certified true copy of marriage certificate
• Certified true copy of a will
• Certified true copy of death certificate
• Certified true copy of criminal record background check
• Certified true copy of letters and memos
  
• Certified true copy of visas
  
• Certified true copy of utility bills
• Certified true copy of membership cards
  

]]>Fri, 13 Mar 2015 06:28:34 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/notary-affidavits-commissioner-1328-agreement-signingWitnessing of a Signature - Agreements, Contracts and Releases

Except for Wills and Powers of Attorney, most if not all agreements and contracts DO NOT require a witness or a notary public to notarize them in order for them to be considered valid or legally binding in the court of law. In other words, most contracts, but not all, do not require notarization to be enforceable. However, when the parties want the contract to be readily recognized by institutions such as banks and government agencies who may have good reasons to question the authenticity of the contract or the identities of the parties, then one of the ways to avoid attracting suspicions and causing delays for recognition and approval by the institutions is to have the contract/agreement notarized by a notary public who is obliged to confirm the parties' identities as well as swearing the parties under oaths in respect to terms of the Agreement. It is important to note that a notary public can bind the parties to the Agreement but that does not mean that the notarization can prevent one party from breaching such an Agreement at his or her own will.
]]>Fri, 13 Mar 2015 06:27:12 GMThttp://commissionerfortakingaffidavits.com/blog---legal-notices/legal-roles-lawyer-notary-public-commissioner-for-taking-affidavits-oaths

• What's a notary public?
• What's the correct usage and spelling?
• What's a Commissioner of Oaths?
• What's a Commissioner for Taking Affidavits?
• How to become a Notary Public?
• How to become a Commissioner of Oaths?
• What are the similarities and differences?

Notary Public is often incorrectly spelled as "notory public" or by switching the ordering to "public notary". The plural form of Notary Public is "notaries public" or just "notaries" which is again often incorrectly spelled as "notories public", "notarys public", and "notary publics."

A notary public is a person legally authorized to:

• attest declarations,
• administer oaths, 
• take affidavits, 
• commission statutory declarations, 
• confirm identities, 
• witnessing signatures,
• authenticate or certify documents or copies of documents as certified true copies, 
• execute, attesting, drawing, passing, keeping and issuing all deeds and contracts, charter-parties and other mercantile transactions and commercial instruments that may be brought before him or her for public protestation.  
  

In most jurisdictions around the world, private persons may apply and take examinations to become a notary public. Once appointed as a notary public such a person is then authorized to perform some, but not all, of the above noted tasks with limitations including territory, duration (approximately three years) and scope of the task.

In Canada, non-lawyers who wish to be appointed as notaries public can do so by submitting an application through the Ministry of the Attorney General for appointment under the provincial Lieutenant Governor. Again, non-lawyer notaries public will have limitations in their powers including, territory, duration and scope of the task.

A lawyer does not have an automatic power of a notary public until he or she is appointed by applying for registration through the Official Documents Services branch of the Provincial Government Services. Therefore, most but not all lawyers are notaries public. But once appointed, the lawyer-notary may perform all noted tasks mentioned above without restrictions and limitations in territory, duration, and scope. In Ontario, notaries public's powers are based on the Notaries Act.

In contrast, a commissioner of oaths or commissioner or sometimes referred to as a commissioner for taking affidavits etc. in and for the Courts and the Province of ____________(specify the name of the Province), is a person who is appointed by virtue of certain offices he/she holds (municipal, provincial and federal employees (Tax) and clerks, elected officials/councillors) or by professions (lawyers, paralegals, engineers etc.). A commissioner of oaths is legally authorized to:

• witness a signature
• administer and commission oaths
• attesting affidavits and statutory declarations, 

When a person a person is appointed by virtue of his or her profession, there is no need to apply to become a commissioner of oaths. A commissioner of oaths' powers are legislatively based on the Commissioner for Taking Affidavits Act. It is noteworthy that pursuant to the Commissioner of Taking Act, a Commissioner of Oaths does not have the legal authority to certify documents as true copies or having the ability to bind parties to contracts and agreements. 

Non-lawyer commissioners of oaths will have limits in the manner they may commission documents. Usually their powers are limited to the task/scope specific to their office or profession and their powers will be limited to a three-year term with permission to renew as well as territory restrictions to a city or province. They do not have the authority to commission documents for federal and international use, unless they are federal employees or federal elected officials.

Whereas, lawyers who are admitted to practice law by the Law Society will have the power by virtue of their profession to witness, commission and administer and commission oaths, affidavits and statutory declarations for use across all jurisdictions without limitations.

Both the Notaries Act and the Commissioner for Taking Affidavits Act have sanctions and prosecution consequences for those found guilty of breaching these Acts.

For certainty that your documents will not get rejected or delayed, it would be wise to contact a person who has the legal designations of a lawyer, notary public, and commissioner of oaths. ]]>