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Notarization for Apostille in Canada: What You Need

Notarization for Apostille in Canada: What You Need ! Notary witnesses an affidavit before apostille Many Canadian documents need a notary before they can receive an apostille.

Notarization for Apostille in Canada: What You Need

Notarization for Apostille in Canada: What You Need

Notary witnesses an affidavit before apostille

Many Canadian documents need a notary before they can receive an apostille. A notary public confirms a signature or certifies a copy. The competent authority then confirms the notary's signature and seal. The apostille is attached after that. This article explains which documents need the step, what the notary must write, what it costs in Ontario and how to avoid a rejection.

TL;DR

  • An apostille does not check the content of a document. It checks the signature and seal of the official or notary who signed it.
  • In Ontario, most personal, court and business documents must be notarized by an Ontario notary public before Official Documents Services (ODS) can issue the apostille.
  • The destination country decides whether an apostille is needed, not Canada. Confirm with the receiving body first.
  • The notary must write a clear declaration on the document. A business card or loose note is not enough.
  • We charge 35 CAD per document for notarization and certified true copies. Government fees are included in our quote.

Table of Contents

Why an apostille often starts with a notary

Canada joined the Hague Apostille Convention on January 11, 2024. Since that date, a single apostille certificate replaces the old multi-step legalization for use in more than 120 member countries.

The apostille is issued by a competent authority. That authority can only vouch for a signature or seal it has on record. A private document, such as an affidavit, a power of attorney or a photocopy of a passport, carries no official signature. A notary supplies one.

The notary does not prove that the content is true. ODS states that it does not validate the content of documents. It checks the signatures and seals of the authorities involved. The notary is the point where a legal professional looks at the document. ODS then verifies the notary.

How notarization leads to apostille verification

For more on the difference between the two steps, see our page on apostille versus notarization.

Which documents need notarization first

The rule depends on who issued the document and which authority handles it. The list below applies to Ontario.

Document typeNotary needed before apostille?Notes
Affidavit, power of attorney, statutory declarationYesThe notary witnesses your signature.
Copy of a passport, driver's licence or other originalYesThe notary certifies a true copy.
TranslationYesThe translator's declaration is sworn before a notary.
Corporate bylaws, resolutions, lettersYesSigned by an officer, then notarized.
Ontario birth, marriage or death certificateUsually noIssued by the province and can go to ODS as an original.
Ontario court documentUsually noGovernment-issued and eligible for direct authentication.
Ontario post-secondary degree issued after January 1, 2019May be eligible directlyOlder diplomas and transcripts are commonly notarized as certified copies.
RCMP criminal record checkNoFederal document, handled by a different authority.

The Ontario page says that some newer documents, such as degrees issued after January 1, 2019, may be eligible for direct authentication. Many others, including personal, court or business documents, still need an Ontario notary first. Check the current rules for your exact document before you pay for any step.

Federal documents follow a separate route. The competent authority for them is Global Affairs Canada, whose Authentication Services Section is listed with the Hague Conference. Provincial rules differ as well. Our article on who files in five provinces sets out the differences.

Step by step: from original to apostille

  1. Confirm the requirement. Ask the receiving body or the foreign embassy in Canada whether an apostille is needed. Ask whether they want the original, a notarized copy or a translation.
  2. Prepare the document. For a copy, bring the original. For an affidavit or power of attorney, bring valid photo ID and do not sign until the notary is present.
  3. Notarize. An Ontario notary public signs, stamps and adds a declaration on the document.
  4. Submit to ODS. ODS compares the notary's signature and seal with its records.
  5. Receive the apostille. It is attached to the document.
  6. Send it abroad. Some countries ask for a translation or further steps after the apostille.

The Government of Canada states that the destination country's law decides whether authentication is needed, not Canadian law. Step 1 therefore comes before spending any money.

What the notary must write on the document

A notary's work is more than a stamp. The document itself must show what the notary did.

For a certified true copy, the notary adds a declaration on the copy. It should state that the notary has examined the original and that the copy is a true copy. It must name the notary's authority. A business card or a loose note attached to the copy is not enough.

For a translation, the declaration must state that the translator is proficient in both languages. It must also certify that the translation is accurate. This is sworn or affirmed before the notary.

The stamp must be clear and readable. ODS matches it against the notary's registered details. If the stamp is faint, cut off or does not match the record, the apostille can be refused. That means lost time and a new notarization.

Ontario notaries are appointed under the Notaries Act. The province also publishes guidance on how to find a notary public or commissioner of oaths. A commissioner of oaths is not always the same as a notary, so check the title before you book.

Fees and timing in Ontario

There are two kinds of cost. One is the government fee charged by ODS. The other is the notary's fee.

The Ontario government lists an ODS fee of $16 per notarized document and $32 per Ontario government, court or education document. The same page gives standard mail processing time of about 15 business days. That is the main reason people who face a deadline use in-person filing instead of mail.

Our published prices are as follows.

ServicePrice
Notarization and certified true copies35 CAD per document
Additional document 250 CAD per document
Additional documents 3 to 545 CAD per document
Additional documents 6 and more40 CAD per document

The fees for additional documents are listed on our pricing page. Next-Day Priority and Same-Day Rush are also offered. Their prices are not published, so we do not state them here. Our quotes include government fees, so the total is known before you commit.

Example: a family needs a notarized copy of a passport for a visa file abroad. The notarization is 35 CAD. The apostille step is added to the quote, with government fees already in the total.

Fees and timing in Ontario — overview diagram

Common mistakes

These are the errors we see most often.

  • Assuming every notarized document qualifies. The authority only checks the notary's signature and seal against its records. It does not check that the content is true.
  • Skipping the destination check. Some countries do not require an apostille. Others require extra steps at their own consulates. The Government of Canada notes that not all countries require authentication of Canadian documents. Confirming first avoids paying for steps you do not need.
  • Using a digital copy. Notarization and apostille work on paper originals. Our note on digital documents and apostilles explains the current position.
  • Choosing the wrong kind of notary. A notary outside Ontario cannot notarize for an Ontario filing. The notary must be registered so that ODS can match the stamp.
  • Poor order of steps. Translation and notarization must be done before the apostille, not after.
  • Signing early. An affidavit signed before you meet the notary cannot be notarized.

Online notarization

Many people ask whether the notary step can be done by video. The answer depends on the document and the receiving country. Some remote notarizations are not accepted for an apostille, and the foreign body may reject them. See our article on online notarization and apostilles in Canada before you book a remote session.

If you are outside Canada

Some documents can be authenticated without a Canadian notary. The Government of Canada says that Canadian embassies, high commissions and consulates can authenticate certain original documents. These include vital statistics records and RCMP criminal record checks. Service varies by mission, so contact the nearest one before you send anything.

Our view on notarization for apostille

We handle Ontario documents every day. Most delays we see start before the apostille. The notary wrote an incomplete declaration, the stamp was unclear, or the receiving country wanted something different.

For this reason we keep notarization and filing together. Documents are handled by a commissioned Ontario notary. They are not passed to intermediaries. We file in person at the ODS counter, which gives same-day or next-day turnaround. Government fees are in the upfront quote. If a filing error is ours, we correct it at no extra cost.

Our advice is short. Confirm the requirement with the receiver. Decide whether the document is an original, a copy or a translation. Have the declaration checked before the document leaves the notary's office. Then file.

— Ken

Our notarization and apostille service

We provide notarization, certified true copies and Ontario apostille filing for birth certificates, marriage licences, diplomas, transcripts, court documents, corporate records and similar documents. We also offer consular legalization and courier service. Review the options on our services page. For a general overview of the process, read our guide to apostille in Canada. If your deadline is close, see same-day rush apostille.

For country lists, see which countries accept the Hague apostille. For corporate paperwork, see our article on articles of amendment.

FAQ

Can a notary public issue an apostille in Canada?

No. A notary signs and certifies the document. A competent authority issues the apostille. In Ontario, that authority is Official Documents Services. The Law Society also does not issue apostilles.

Does every Canadian document need notarization first?

No. Some government-issued originals, such as Ontario vital statistics records, can go straight to the authority. Many private, business and copied documents need a notary first. Check the rule for your exact document.

How do I notarize a document in Canada?

Bring the original and valid photo ID to a notary public. Do not sign an affidavit or power of attorney beforehand. The notary adds a declaration, signature and stamp. For use in Ontario filings, use an Ontario notary.

What is the fastest way to get an apostille?

Filing in person is faster than mail. Standard mail processing at ODS is about 15 business days. We file in person at the ODS counter and offer next-day and same-day options.

Can I do my apostille online?

The paper original is what receives the apostille. Digital documents and some remote notarizations may not be accepted. Confirm with the receiving body before you start.

Sources

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