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Affidavit Apostille in Canada: Steps, Fees and Timing

Affidavit Apostille in Canada: Steps, Fees and Timing ! Notary watches a signer complete an affidavit An affidavit used abroad must first be sworn before a notary public in Canada.

Affidavit Apostille in Canada: Steps, Fees and Timing

Affidavit Apostille in Canada: Steps, Fees and Timing

Notary watches a signer complete an affidavit

An affidavit used abroad must first be sworn before a notary public in Canada. It is then sent to the authority that issues apostilles for that province or for the federal government. The apostille is attached to the affidavit and is accepted in countries that belong to the Apostille Convention. This article explains each step, who issues the apostille, what it costs and how long it takes.

TL;DR

  • An affidavit is usually notarized first. A notary public cannot issue the apostille. A government authority does.
  • Alberta, British Columbia, Ontario, Quebec and Saskatchewan issue apostilles for documents issued in their province. Global Affairs Canada handles federal documents and the other provinces and territories.
  • Ontario charges $16 per notarized legal document. Processing times differ by authority and range from days to several weeks.
  • Check the destination country first. If it is not in the Apostille Convention, a further legalization step may be required.
  • Third-party services do not shorten government processing times. They can help with notarization, filing in person and error checks.

Table of Contents

What an affidavit apostille is

An affidavit is a written statement of facts sworn or affirmed before a person authorized to take oaths. People use affidavits for many purposes abroad. Common examples are a statement of marital status, a declaration of identity, a statement of support, a consent for a child to travel and a declaration for a visa or a property matter.

An apostille is a certificate that confirms the signature and seal on a public document are genuine. It does not confirm that the content of the affidavit is true. It confirms that the notary who signed it is recognized by the authority issuing the apostille.

In Canada, the apostille is a separate page. Global Affairs Canada describes it as an "allonge" that is securely attached to the authenticated document. The affidavit itself is not stamped.

An apostille is only useful when the destination country accepts it. The country that asks for the document makes that decision. If the receiving office has not told you what it needs, ask it before you start.

Step 1: Confirm the destination country

The destination country decides what kind of authentication it needs. Global Affairs Canada says the law of the destination country determines whether authentication is needed. For a country outside the Apostille Convention, legalization may be required after authentication. It advises you to check with the authority asking for the document or with the country's representative office in Canada.

Three outcomes are possible:

  1. The country is in the Apostille Convention. An apostille is enough.
  2. The country is not in the Convention. You get a certificate of authentication, then legalization by the country's embassy or consulate.
  3. The country does not require authentication at all. This is rare for sworn statements, but the receiving office can confirm it.

Also ask whether the receiving office wants a translation. A translation is a separate matter and may need its own certification. Ask whether it must be done before or after the apostille. Our page on skipping embassy legalization for Convention countries covers how the two routes differ.

Step 2: Prepare and notarize the affidavit

Most affidavits are signed in front of a notary public. Read the text before you go. Do not sign it in advance. The notary must watch you sign, and must confirm your identity with valid photo identification.

Global Affairs Canada states that if notarization is required, any Canadian notary public whose signature it recognizes may be used. The key point is that the authority must have the notary's signature on file. Ontario's Official Documents Services (ODS) says that authentication is denied when the signature or seal does not match the specimen it holds.

This check exists because authorities want to catch altered or fabricated papers. Forged documents are a wider problem in identity verification, and the methods used are described in this report on ID document forgery methods. Matching a notary's signature to a specimen is one of the simple controls that keeps such papers from receiving an apostille.

Practical points for the notarization step:

  • Use a notary who works in the province where the apostille will be requested. A notary in another province may not be on file with that province's authority.
  • Ask the notary to use a legible stamp or seal and to add their name, commission details and the date.
  • Do not staple, unstaple or alter the pages after notarization.
  • If the affidavit has several pages, ask the notary to initial each page or bind them properly.
  • Keep the original. The authorities want paper originals, not scans.

We have written about the difference between the two steps in apostille vs notarization and about what notarization for an apostille involves. Remote signing is a common question too. The article on online notarization and apostilles explains what authorities accept in practice.

Step 3: Find the authority that issues the apostille

A notary or a lawyer cannot issue an apostille. The apostille comes from a government body called the competent authority. The notary only prepares the document.

The issuing authority depends on where the document was issued or notarized. According to Global Affairs Canada, it handles federal documents and documents from the provinces and territories it lists. Alberta, British Columbia, Ontario, Quebec and Saskatchewan issue apostilles for documents issued in their own provinces.

Where the affidavit was notarizedWho issues the apostille
OntarioOntario Official Documents Services (ODS)
British ColumbiaBritish Columbia Authentication Program
Alberta, Quebec, SaskatchewanThe provincial authority
Other provinces and territoriesGlobal Affairs Canada
Federal documentsGlobal Affairs Canada

Provincial and territorial services can have different processing times and fees. Check the authority's own page before you send anything. Our guide on which five provinces issue apostilles and where to send documents gives a longer overview. If your papers come from several sources, the article on who files in each province helps you sort them.

Step 4: Submit the request

The steps depend on the authority.

Global Affairs Canada

You submit an online request first. Then you send the paperwork. Global Affairs Canada asks for the service request number, a copy of the online request summary, the documents to authenticate, and a self-addressed stamped envelope or prepaid courier label. You may send these by mail, by courier or by drop-off.

Global Affairs Canada apostille submission sequence

It requires documents in paper format, with an original and recognized signature and seal where applicable. A photocopy of a notarized affidavit will not do. If the original notarization is missing, have the affidavit sworn again.

Ontario

ODS accepts mail-in requests and in-person submissions. It also has an online request form. Its page explains how to submit and what each document type needs. Read it before you send or visit.

British Columbia and other provinces

British Columbia has its own authentication program with its own instructions, as do the other issuing provinces. Follow the instructions on the page of the province where the affidavit was notarized.

Before you send anything, check these points:

  • The document is an original, not a copy.
  • The notary's signature and seal are clear.
  • The notary is recognized by the authority.
  • The return envelope or courier label is prepaid and correct.
  • The name, date and wording of the affidavit are right. The authority will not fix errors in the text.

Fees and processing times

Fees and times change, so use the authority's own page for current figures. The following were published by the authorities at the time of writing.

AuthorityPublished fee or time
Ontario ODS$16 per notarized legal document; $32 per Ontario government, court-issued or public post-secondary document
Ontario ODS, mail-inCertificates issued within 15 business days
British Columbia2 to 4 weeks, not including mail time
Global Affairs CanadaRequests received about 25 business days earlier, plus mailing time of normally 5 to 10 business days

The Global Affairs Canada figure is the time it was working at when we checked. The current number is on its page.

Mailing time matters. A courier returns the document faster than regular mail. Plan for both directions and for the notarization itself. A destination office with a deadline needs a margin of several weeks if you file by mail with Global Affairs Canada.

Fees paid to the government are separate from the fees of anyone who helps you. A notary charges for the notarization. A courier charges for delivery. A service company charges for its work.

Do you need a service company?

No. You can apply directly to the authority. Global Affairs Canada explicitly advises that third-party service providers offer no advantage in processing times compared with submitting requests directly. That statement is accurate for mailed filings to that department.

A service can still help in other ways:

  • It can have the affidavit notarized by a notary the authority already recognizes.
  • It can file in person where the province allows it, which can shorten the wait for Ontario documents.
  • It can check the paperwork before submission, so the authority does not return it.
  • It can arrange courier delivery in both directions.

Choose based on how much time you have, how far you live from the authority and how sure you are about the paperwork. For a simple affidavit notarized and filed within one province, many people apply on their own. For a tight deadline or an unfamiliar process, help can save a failed first attempt.

Our perspective

We see the same problems repeatedly. A notarized affidavit comes to us with the wrong notary, a missing seal or text that does not match what the foreign office asked for. Each of these costs time, because the authority returns the document and the process starts again.

We file Ontario documents in person at the ODS counter. That allows same-day or next-day turnaround for Ontario affidavits. Documents are handled by a commissioned Ontario notary. We do not pass them to intermediaries. Our quote includes government fees, so you see the total price before you order. If we make a filing error, we correct it at no extra cost.

We also say plainly what we cannot do. We cannot speed up a Global Affairs Canada queue. We cannot make a country accept a document it does not want. Start with the receiving office's requirements, then work back to the notary and the authority.

— Ken

Our Ontario service

We offer apostille for Ontario documents, notarization and certified true copies, and consular legalization for countries outside the Convention. Notarization and certified true copies cost $35 per document. Additional documents in the same order cost $50 for the second, $45 each for documents three to five and $40 each from the sixth. Next-day priority and same-day rush options are listed on our pricing page. Our services page lists the full range.

For urgent Toronto and GTA filings, see our page on same-day apostille in the GTA. If your affidavit is outside Ontario, we can tell you which authority to use.

Common mistakes with affidavits

Using the wrong signer. An affidavit sworn before someone whose signature is not on file will be refused. This is the most common cause of rejection.

Mixing up the document type. Different documents follow different routes. A court document, a bank letter and a life certificate each have their own rules. See our guides on court documents, bank documents and life certificates.

Sending a copy. Authorities require originals in paper format.

Assuming one apostille fits every country. The apostille works only among Convention countries. Others need legalization.

Leaving no time. Provincial times range from days to weeks. Mail adds more. Start early.

Altering the document after notarization. Adding handwriting, removing staples or replacing pages can void the notarization.

If you want to see what a finished apostille looks like, our sample-based guide shows one.

FAQ

Can a Canadian notary or lawyer issue an apostille?

No. A notary public or lawyer can prepare and notarize the affidavit. The apostille is issued by a competent authority. That is Global Affairs Canada or one of the provincial authorities that issue apostilles. In Ontario, it is Official Documents Services.

Does an affidavit need to be notarized before it gets an apostille?

Usually yes, if the document is a private statement. If notarization is required, Global Affairs Canada says any Canadian notary whose signature it recognizes can do it. Check that the authority has the notary's specimen signature on file.

How long does it take to get an affidavit apostilled in Canada?

It depends on the authority. Ontario ODS issues certificates for mail-in requests within 15 business days, and in-person filing is available. British Columbia lists 2 to 4 weeks without mail time. Global Affairs Canada shows its current processing time on its page.

What if the destination country is not in the Apostille Convention?

You will likely need a certificate of authentication and then legalization by the country's embassy or consulate in Canada. Ask the office requesting the document or the country's representative office what it requires.

Can I send a copy of my affidavit?

No. Global Affairs Canada requires documents in paper format with an original, recognized signature and seal where applicable. Have the affidavit sworn and notarized in original form.

Sources

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