Notary public services are essential when you need to verify the authenticity of documents for legal, business, or personal matters. Whether you're dealing with international documents, real estate transactions, or sworn statements, understanding what notaries do and when you need their services can save you time and prevent costly mistakes.
What is a Notary Public?
In Ontario, a notary public is a person appointed by the provincial government to witness the signing of documents and verify the identity of signers. Notaries serve as impartial witnesses to deter fraud and ensure documents are executed properly.
In Ontario, all practicing lawyers are automatically notaries public by virtue of their law license. This is different from some other jurisdictions where notaries are a separate profession.
Notaries perform several important functions: verify the identity of signers, witness the signing of documents, administer oaths and affirmations, certify true copies of original documents, and authenticate documents for international use.
Common Documents Requiring Notarization
Documents that commonly require notarization include: affidavits and sworn statements, statutory declarations, powers of attorney, travel consent letters for children, real estate documents (deeds, mortgages), contracts and agreements (especially for international use), certified copies of important documents (passports, degrees, etc.), immigration documents, and business documents for international transactions.
Different documents have different requirements. Some simply need a signature witnessed, while others require more formal processes like administering oaths or affirmations.
The Notarization Process
When you visit a notary for document notarization: Bring valid government-issued photo identification (driver's license, passport, etc.), bring the original document (not a photocopy), do NOT sign the document beforehand—you must sign in the notary's presence, be prepared to explain the purpose and content of the document, and the notary will verify your identity, ensure you understand the document, watch you sign, and then complete the notarial certificate.
The notary's role is to: confirm you are who you say you are, ensure you are signing voluntarily and understand what you're signing, witness your signature, and apply their official seal and signature.
A notary does NOT provide legal advice about the document content unless they are also your lawyer. Their role is limited to witnessing and authentication.
Apostille and Authentication for International Use
If you need to use a Canadian document in another country, it may need to be authenticated or apostilled. The process depends on whether the destination country is party to the Hague Apostille Convention.
For Apostille Convention countries (most countries): get the document notarized by an Ontario notary, obtain an Apostille from Global Affairs Canada. The Apostille certifies the notary's signature and seal for international recognition.
For non-Apostille countries: get the document notarized, have it authenticated by Global Affairs Canada, and have it legalized by the foreign country's embassy or consulate in Canada.
This multi-step process can take several weeks or even months, so plan ahead if you need documents for international use.
Certified True Copies
A notary can certify that a copy of an original document is a true and accurate copy. This service is commonly needed for: passport copies, educational credentials (degrees, diplomas, transcripts), incorporation documents, birth or marriage certificates, and professional licenses.
The process for certifying true copies: bring the original document, the notary will compare the copy to the original, the notary will stamp and sign the copy with a statement like "This is a true copy of the original document which was exhibited to me," and you keep the certified copy.
Certified true copies are often required for immigration applications, professional licensing, and various legal and business purposes.
Conclusion
Notary public services play a crucial role in verifying the authenticity of documents for legal and business purposes. Having documents properly notarized ensures they'll be accepted by courts, government agencies, and organizations both in Canada and internationally. If you need notary public services in Toronto, Kanevsky Law Office can help. As practicing lawyers, we provide professional notary services for all types of documents. Contact us today to discuss your notarization needs and ensure your documents are properly authenticated and ready for their intended purpose.