Notarization may feel like a legal formality that’s anything but outdated. When you decide to notarize a document, it adds an extra layer of protection or security to the contracts and other documents. Now you have someone who can witness and verify your identity, that you have signed that document.
Now you might be wondering why you need a witness for that. Is it really important to notarize a document? Well, there are various cases where documents are signed under pressure, stress, and even forcefully. Most of the time, people are not aware of the content of the documents, which can lead to problems later on. That’s why a document must be notarized, ensuring everything is in order.
But what does it actually mean to notarize a document? Read on to get answers to your questions like this. Learn the process, and more.
What Does it Mean to Notarize a Document?
Before getting into the process, it is important for you to understand what notarization is and what it means. Well, notarization is the process by which a document is authenticated by a Notary Public.
A Notary Public is a legal professional who is authorized by the provincial law to verify identities, witness signatures and even testify to the authenticity of the documents.
Notarize a document is really important and is legally verified because:
- It confirms that the person signing the document is who they claim to be.
- Notary Publics ensure that the signature is voluntary.
- They confirm the document is genuine and untampered.
- A notarized document confirms that the person signing the document is aware of the contents.
Regardless of whether it’s a consent form, authorization letter, contract, or declaration, having it notarized will enhance its legal clarity and compliance. In various workflows with high risk or liability, notarization is a must. Earlier, notarization was paper based. In today’s digital world, where everything is online, notarization is also being conducted digitally. It can be done from anywhere without compromising on the legality or integrity of the process.
What is the Role of a Notary Public in Canada?
A notary public in Canada is someone who plays a vital role in making sure that the integrity and authenticity of legal and financial documents. These documents are sensitive, and even a minor error could lead to significant issues. So, making sure that everything is in place is crucial.
Here’s why a Notary Public is Crucial:
- Notaries are neutral witnesses who confirm the signing of documents, confirming that every party is signing the document willingly without any pressure.
- They verify the identities of the signatories using their government-issued IDs to prevent fraud and potential issues.
- Notaries validate the actual copies of original documents, which are required for immigration, education, or even other legal purposes.
- They supervise oaths, affirmations, and even statutory declarations, ensuring the truthfulness of statements.
Step-by-Step: How to Notarize a Document in Canada
Step 1: Determine If Notarization Is Required
The first step involves establishing whether the notarization is necessary. You must check whether the documents require notarization or not before making an appointment. Not every document in Canada requires a stamp or the signature of a notary. A mere signature by or witnessed by a Commissioner of Oaths may suffice in most situations.
You will require notarization in case:
- The submission is being made outside Canada (e.g., visa, immigration or overseas education documents).
- The government agency or organization clearly demands a notarized document.
- You are preparing the legal instruments, like the power of attorney, affidavits, or statutory declarations.
You should have a certified copy of a document of importance (e.g. passport, ID, academic certificate)
You might not require notarization in case:
- You are simply giving a vowed declaration locally.
- The paper is an internal business or reference.
When the document is to be used abroad, it is nearly always necessary that the document be notarized–and it may also require further procedures such as Global Affairs Canada approval and foreign embassy or consulate legalization.
Step 2: Prepare the Original Document
After being convinced that your document requires notarization, you should then prepare your document in a proper manner.
Always carry the original and unaltered document to the appointment. Unless a notary has verified the authenticity of the original, you cannot notarize or certify a copy of it.
In case you are interested in obtaining a certified true copy, bring:
- The original document.
- An unsigned copy of the photocopies (the notary will reconcile both).
A notary will be able to check the document visually regarding tampering, the absence of pages, or inconsistencies and then move forward.
Step 3: Bring Valid Identification
The notarization is based on identity verification. The primary responsibility of a notary is to verify the signatory to ensure that he is not committing fraud, impersonating or being coerced.
You should carry one of the valid, government-issued photo IDs, including:
- Canadian Passport.
- Driver’s License.
- Permanent Resident (PR) Card.
- Citizenship Certificate.
- Provincial Photo ID Card.
- Foreign Passport (in case you are not a Canadian citizen or PR).
Your ID must:
- Be current and unexpired.
- Include all your legal information, signature, and your photograph.
- Sign your name on the paper that you are signing.
- If further confirmation is required.
In case of a recent change of name (marriage, divorce, and others), you will need supporting documents that will include:
- A marriage certificate.
- Certificate of Name Change before the Court.
- Divorce decree.
In exceptional circumstances, a notary can insist on the provision of a second ID or a witness to have extra confirmation of your identity.
Step 4: Schedule an Appointment with a Notary Public
You are now ready to relocate and hire a qualified notary public. No fewer than three options are available in the case of the notaries in Canada, which are either in the private or the public sector.
Now you might be wondering where to find a notary. Well, here are some of the steps:
- Law Offices: numerous lawyers are notaries who are authorized to practice law.
- Specialized Notary Companies: You can reach out to various specialized notary companies that can help you.
- Online Directories: There are various directories that can indicate licensed notaries in a province.
- Mobile Notary Service: Get in touch with notaries who come to your home, workplace, or hospital.
Did you know? Several provinces are now permitting remote notarization, such as Ontario, Alberta and British Columbia.
Step 5: Sign the Document in the Notary’s Presence
This is the most vital point in the process, where the task of the notary, in this case, is to observe your signature, consent, and authenticity.
You may expect the following during the appointment:
- Review the Documents: The notary will review the documents to ensure they are complete, well-formatted, and ready to sign.
- Verifying Identity: The notary compares your ID with your appearance and the information in the document.
- Confirmation: You should be asked whether you are aware of what it is and whether you’re signing at your own free will.
- Signing: Sign the document with a pen (for paper documents) or use an e-signature (for online notarization).
- Seal and Signature of Notary: The notary will also add his/her signature, printed name, title, registration number, and official seal.
Notary’s Record Keeping
Most of the notaries keep a journal or logbook wherein they maintain:
- The time and date when notarized.
- The type of document.
- The type of ID used.
- The fee charged.
- Check and signature of records.
This guarantees traceability as well as evidence of notarization in case of disputes or audits.
Step 6: Pay the Notarization Fee
In Canada, the amount paid for notarization depends on the following:
- Province.
- Type of document.
- The service provider.
- Complexity.
Notarization prices are not usually controlled by the government, as it happens with some services, and each notary or company sets its own prices.
Factors Affecting Price
- Total number of documents or copies.
- Travel distance of mobile notaries.
- Urgency (might be more costly due to same-day or after-hours service).
- Language translation needs.
Tip: Make sure you check the price in advance to avoid shocks. Other companies also offer online quotations or fee calculators. Depending on the policy of the provider, payment is normally made through credit/debit card, e-transfer, or cash.
Step 7: Receive the Notarized Document
Once all the formalities are completed, you’ll receive your notarized document. This now becomes a legally certified document where signatories and witnesses of this document are recognized.
Types of Final Documents
The notary will give over:
- The notarized original legal document.
- The certified true copy (in case the notary certified and stamped a copy of your original document).
What Does a Notarized Document Have?
An average document that has been well-notarized generally includes:
- The signature of the signatory (you).
- The notarial certificate or jurat (a statement by the notarial confirming they witnessed you signing the document).
- The seal/stamp of the notary, which is embossed or printed with the full name and province of the notary and the expiry date of his/her commission.
- The signature and, in some cases, the registration number of the notary.
Record Keeping and Safety
One should remember to keep the copy that has been notarized, because it is not possible to counterfeit the documents that have been notarized without going through the process again. In case of critical records (such as power of attorney or property deeds):
- Leaving a hard copy in a safe or bank deposit box.
- Requesting a digital backup scan (accepted).
In case the document is bound to be sent outside the country, be sure to make sure that you have gone through with authentication and legalization before posting the document.
What Does a Notarized Document Sound Like?
To ensure a notarized document in Canada:
- The original document text.
- The signature of the individual signing.
- A certificate of the notary, stating the place and date of notarization, name, and designation of a notary and the official signature of the notary and embossed/ink seal.
Common Mistakes to Avoid When Getting a Document Notarized
When getting a document notarized, you might get caught up in various things and make mistakes. So, in order to make sure everything goes smoothly, make sure you avoid these mistakes:
- Signing prior to the presence of the notary: This should be signed in their presence.
- Bring photocopies alone: Bring in the original document to be verified.
- Expired ID: The identification should be valid and up to date.
- Suppose that notarization is synonymous with legalization: In foreign applications, an additional procedure is needed.
- Selecting any unlicensed notary: Never accept the credentials and registration of the notary.
When You May Need a Notarized Document
- Application to international universities.
- Purchasing or selling real estate overseas.
- Delegation of authority abroad.
- Visa and immigration.
- Extraterritorial business or investment.
Notarization for Corporate and Business Use
- Corporate resolutions.
- Partnership or incorporation papers.
- International contracts.
- Documents in cross-border trade.
- Certificates of good standing or certificates of incumbency.
In a Nutshell!
Corporate notarization is used to provide a certain degree of authenticity and credibility for business transactions and legal filings.
The practice of notarizing a document in Canada is quite an easy but important process that makes your paperwork valid and trusted in Canada as well as abroad. Regardless of using in-person or online notarization, all the time make sure to follow provincial guidelines.
Carry the correct identification to prevent facing any consequences and know whether your document requires additional authentication or legalization to be used internationally. It would save time, legal issues would be avoided, and your document would be notarized with the credibility it deserves in any place where it is presented.
If you are also looking forward to notarize a document, then you must get in touch with experienced and expert lawyers.
