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Free Sale Certificate Apostille in Canada: How It Works

Free Sale Certificate Apostille in Canada: How It Works ! Certificate of Free Sale with attached apostille A Canadian Certificate of Free Sale is issued by a federal body.

Free Sale Certificate Apostille in Canada: How It Works

Free Sale Certificate Apostille in Canada: How It Works

Certificate of Free Sale with attached apostille

A Canadian Certificate of Free Sale is issued by a federal body. Food certificates come from the Canadian Food Inspection Agency (CFIA). The apostille on a federal document comes from Global Affairs Canada. Ontario's Official Document Services (ODS) handles Ontario-issued and Ontario-notarized documents. This page explains which route fits which document, what each step costs and how long it takes.

TL;DR

  • The CFIA issues the Certificate of Free Sale for food products made by licensed manufacturers. Health Canada issues a different export certificate for medical devices.
  • The certificate must be an original paper document with a recognized signature and seal before it can be authenticated.
  • Global Affairs Canada authenticates federal documents. It offers no expedited service, and its processing time is the same through a third-party provider.
  • ODS authenticates Ontario documents. It charges $16 per notarized document and $32 per government-issued document.
  • Check with the importing authority first. The destination country's rules decide whether an apostille or legalization is needed.

Table of Contents

What a Certificate of Free Sale is

A Certificate of Free Sale (CFS) states that a product may be sold in Canada. Foreign importers, customs offices and regulators often ask for it. Some countries ask for it before they register a product.

The CFS is not an apostille. It is the underlying document. The apostille is a second certificate that confirms the signature and seal on the CFS are genuine. The foreign authority then accepts the CFS without further checks, if the country is a member of the Apostille Convention.

The two steps are separate:

  1. Get the CFS from the correct Canadian issuer.
  2. Get that CFS authenticated with an apostille, or legalized if the destination country is not a member.

Most delays come from mixing up the two steps or sending the document to the wrong office.

Who issues the certificate

The issuer depends on the product.

Food products: the CFIA

The CFIA issues the Certificate of Free Sale (form CFIA/ACIA 5786) for food products made by licensed parties under the Safe Food for Canadians Act and Regulations. It is available when it is needed to meet an importing country's requirements. The details are on the CFIA page on the Certificate of Free Sale.

The CFIA certificate covers food and food ingredients made in Canada by a licensed manufacturer. Feed is not eligible. Products certified under plant health or animal health rules are not eligible either.

The applicant must meet these conditions:

  • Hold a valid Safe Food for Canadians (SFC) licence.
  • Have a written preventive control plan and traceability controls.
  • Declare that the product is in Canada and is safe for human consumption.
  • Declare that it was produced by a licensed manufacturer in good standing.
  • Declare that the importing country will accept the CFS.

The channel depends on the product type. Applications for honey, maple, processed fruits and vegetables, and manufactured foods can be made online through My CFIA. Applications for dairy, eggs, fish and seafood, and meat and poultry go through local CFIA offices.

Medical devices: Health Canada

Health Canada does not issue a CFIA-style CFS for medical devices. It issues a Manufacturer's Certificate to Cover Export (MCE). The applicant completes form FRM-0539 and sends it by email. The applicant must be located in Canada and hold an MDEL (Class I), an MDL (Class II to IV) or an IO authorization. The steps are set out in Health Canada guidance GUI-0097.

The same guidance states that an MCE is a voluntary service to help exports. It is not a regulatory requirement. Health Canada charges no application fee for it and sets no service standard. It tries to issue the certificate within a reasonable time once the form is complete.

Natural health products and cosmetics

The search results for this topic also show certificates for natural health products and for cosmetics, issued through industry bodies or federal programs. The rules differ by product and by program. Ask the issuing body who signs the certificate. That signature decides which office can apostille it.

Which office applies the apostille

The apostille comes from the authority that matches the document, not from the product type.

DocumentAuthority that applies the apostille
Federal document, such as a CFIA Certificate of Free SaleGlobal Affairs Canada
Document issued or notarized in OntarioOntario Official Document Services (ODS)
Document issued or notarized in another provinceThe competent authority of that province

A CFS from the CFIA is a federal document. It goes to Global Affairs Canada. Do not send it to a provincial office.

An Ontario notary may certify a copy or witness a signed company statement. That kind of document is authenticated by ODS. Some importing authorities accept a notarized copy of the certificate. Others require the original. Confirm this with the authority that asked for the document before you choose the route.

Requirements before you submit

Global Affairs Canada sets clear conditions on what it will authenticate. The requirements page lists them. The document must carry an original recognized signature and a seal, if one applies. It must be in paper format. It must be sent to the correct competent authority.

The paper rule matters. A scanned or emailed certificate cannot be apostilled. Our guide on digital documents and apostilles in Canada covers this in detail. If the CFIA sends you a digital copy, ask the CFIA about getting a paper original with a wet signature.

Before you submit, check these points:

  1. The certificate is an original, not a photocopy.
  2. The signature and seal are the ones recorded by the issuing authority.
  3. The product name, manufacturer and address match your export papers exactly.
  4. The certificate is recent enough for the importing country.
  5. You know the destination country and whether it belongs to the Apostille Convention.

The CFIA certificate has no expiry date. The CFIA recommends using it for shipments that leave Canada within 30 days. The importing country may refuse a certificate that is not used within a reasonable period. Plan the apostille so that the whole file reaches the importer soon after the CFS is issued.

Apostille or legalization

The destination country's law decides whether authentication is needed at all. The Apostille Convention removes the need for legalization between member countries. For a member country, one apostille is enough.

For a country that is not a member, the document may need legalization after Global Affairs Canada authenticates it. Legalization is a further step at that country's embassy or consulate. The same requirements page advises you to confirm the rules with the authority asking for the document, or with the destination country's representative office.

A short check before you start saves weeks:

  • Ask the importer or regulator in writing what form of certificate they accept.
  • Ask whether they want an apostille, a legalization or neither.
  • Ask whether they need a translation.
  • Ask whether the certificate must be issued within a set number of months.

We offer consular legalization as a service. See our services page for details.

Fees and processing times

There are two kinds of cost: the fee for the certificate itself and the fee for the apostille.

The certificate

Health Canada charges no application fee for an MCE. For the CFIA food certificate, check the current fee on the CFIA page before you apply. Fees and channels can change.

Federal authentication

Global Affairs Canada publishes its current processing time on its document authentication page. At the time of research, it was processing requests received 25 business days earlier. Mailing normally adds 5 to 10 business days when the document ships from Canada.

The department does not offer expedited service. It states that processing times are the same whether you submit directly or through a third-party provider. A service can help with document review, notarization, correct submission and courier handling. It cannot move a federal file ahead in the queue. Our article on apostille processing time in Canada explains this in more detail.

Ontario authentication

ODS charges $16 per notarized document. It charges $32 per government-issued, court or public postsecondary document. Processing takes up to 15 business days by mail, or about 30 minutes in person. These figures are on the ontario.ca authentication page. Check that page for the current rates before you order.

Our breakdown of apostille costs by issuing authority shows how government fees differ across Canada.

Our fees

Our quote includes the government fee. Notarization and certified true copies cost 35 CAD per document. When you submit several documents together, the price per additional document falls. The second document is 50 CAD. Documents 3 to 5 are 45 CAD each. Documents 6 and over are 40 CAD each. Current tiers for next-day and same-day service are on our pricing page.

Step by step: a Certificate of Free Sale for export

  1. Confirm the requirement. Ask the importer which certificate and which authentication they need.
  2. Confirm eligibility. For food, check the SFC licence, the preventive control plan and traceability controls. For medical devices, check the MDEL, MDL or IO authorization.
  3. Apply to the issuer. Use My CFIA or the local CFIA office for food. Use form FRM-0539 for a medical device MCE.
  4. Receive the paper original. Check every name and address on it.
  5. Choose the route. A federal certificate goes to Global Affairs Canada. An Ontario-notarized document goes to ODS.
  6. Submit with a complete package. Include the original, the right payment and a return method.
  7. Send abroad. Courier the apostilled original to the importer. Keep a copy of every page.

Our article on apostille by mail in Canada has a checklist for the mailing step.

Why files are rejected

The most common problems are simple. The document is a copy instead of an original. The signature is not on record. The document is in digital format. The file is sent to the wrong authority. The package lacks payment or a return address.

Read our guide to the top apostille rejection reason in Canada before you submit. A rejected file means a new wait, and the Global Affairs Canada queue is measured in weeks.

Perspective

Most people who contact us about a Certificate of Free Sale have already done the hard part. The CFIA or Health Canada has issued the certificate. What remains is a paperwork question, and that is where files stall.

We tell clients to settle three things before anything is filed. First, who signed the certificate. Second, which authority records that signature. Third, what the importing country asks for. When these three answers are clear, the filing is short.

Our work is built on a plain model. A commissioned Ontario Notary handles every document. We do not pass files to intermediaries. We file Ontario documents in person at the ODS counter, which allows same-day or next-day turnaround. Our quote includes the government fee, so the total is known before the order. If we make a filing error, we correct it at no extra cost.

We are direct about federal documents. They follow the Global Affairs Canada process, and that process has its own timeline. Where a notarized copy or a signed company statement is accepted by the importer, we can notarize it and file it in Ontario. We can also advise on the order of steps for legalization.

Ken

Our service for notarized export documents

We are a Toronto firm that prepares Canadian documents for use in Hague Convention countries. We review the document, notarize it where required, file it and ship it. Our turnaround runs from 1 to 7 days for Ontario filings. Our services page lists Ontario apostille, notarization and certified true copies, consular legalization and courier service.

Speedyapostilleservices

If you need a notarized copy or company statement apostilled in Ontario, see our rush apostille service. For local filing, see urgent same-day apostille in Toronto and the GTA. Our guide to expedited apostille in Canada shows which steps can be sped up.

Timing a shipment

Export timing has three parts: issuing the certificate, authenticating it and shipping it. Each has its own wait.

Export certificate, authentication and shipping timeline

For federal authentication, plan for the published processing time plus mailing time. The CFIA advises using the certificate within 30 days of the shipment leaving Canada, so do not apply for the CFS too early. Apply for the CFS, then file for the apostille without delay.

For Ontario authentication, in-person filing at ODS takes about 30 minutes at the counter. That is the basis of same-day service for Ontario documents. Mail filing takes up to 15 business days.

If a buyer's deadline is close, ask the importer whether an unauthenticated CFS is accepted for a first shipment. Some buyers will accept it and ask for the apostille later. This is the importer's decision.

Frequently asked questions

Can a Certificate of Free Sale be apostilled in Canada?

Yes, if it is a paper original with a recognized signature and seal. A federal certificate, such as the CFIA food CFS, goes to Global Affairs Canada. A document issued or notarized in Ontario goes to Ontario Official Document Services.

Does the apostille speed up the certificate?

No. The apostille only confirms the signature and seal. It is a separate step after the CFS is issued. Global Affairs Canada does not offer expedited service at any price.

Is an apostille enough for every country?

No. It is enough for countries in the Apostille Convention. For other countries, the document may need legalization after authentication. Confirm with the importing authority or the country's representative office.

How long is a Certificate of Free Sale valid?

The CFIA certificate has no expiry date. The CFIA recommends using it for shipments that leave Canada within 30 days. The importing country may refuse it if it is not used within a reasonable period.

Can I apostille a scanned certificate?

No. Global Affairs Canada requires paper format. Digital copies cannot be apostilled. Request a paper original from the issuer.

Sources

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