Notarizing Documents for Use Outside Canada
If you need a document to be accepted in another country, such as a power of attorney, a declaration or a consent letter for travel, a notary public often has to witness your signature or certify a copy first. Preparation avoids wasted trips.
- A notary public confirms your identity and witnesses your signature, or certifies a true copy of an original.
- Do not sign the document in advance. You must sign in the notary's presence.
- The destination country may also want an apostille or legalization, and sometimes a translation.
- Ask the receiving organization exactly what it requires before you start.
What a notary does
In Ontario, notarial services are provided by notaries public, who are generally lawyers licensed in Ontario or other persons appointed under the Notaries Act. A notary checks who you are, confirms that you understand the document and sign willingly, and adds a notarial certificate. A notary does not confirm that what the document says is true, unless it is a sworn statement.
What to bring
- Valid government photo identification, and for some documents a second piece of ID.
- The document, unsigned, with every page and attachment.
- For a certified copy, the original document.
- The name of the country and organization that will receive it, and any instructions it gave you.
- Names and addresses of the other signers, if there are any, who may need to be present.
Common documents
- Travel consent letters for children travelling with one parent or another adult.
- Powers of attorney to deal with property or accounts abroad.
- Affidavits and statutory declarations for use in immigration or court processes in other countries.
- Certified copies of passports, diplomas and marriage certificates.
- Documents for the sale or transfer of property overseas.
After notarization
- Check whether the destination is a member of the Apostille Convention. If it is, an apostille may be all you need.
- If it is not, legalization through the destination's embassy or consulate may be required.
- Ask whether a translation is needed, and by whom it should be certified.
- Allow time for shipping. Many steps involve mail or couriers.
Avoid these mistakes
- Signing before you arrive, or having someone else sign for you.
- Taking a document in a language the notary cannot read without explanation.
- Assuming a commissioner of oaths can do the same job as a notary for foreign use. Ask the receiving party which it accepts.
- Waiting until the last minute, particularly if an apostille is needed.
Common questions
Can I have a document notarized online?
Remote notarization is possible in some situations in Ontario, but whether the foreign recipient will accept it is a separate question. Ask them first.
Is a notary the same as a commissioner of oaths?
No. They have different roles and powers. A commissioner takes oaths for use in Ontario. A notary is generally recognized outside Ontario. Check what your recipient requires.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
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