All documents notarized by an Ontario Notary, including Federal Gov. docs, are processed through Ontario’s Official Documents Services or select Service Ontario locations.
Canada has joined the Hague Apostille Convention, a multilateral treaty whose main purpose is facilitating the circulation of public documents (e.g., birth certificates, corporate powers of attorney, diplomas etc.) issued by one country to be used in another country.
All authenticated documents shall now include a standard certificate called an apostille which confirms the official status of a document for use. This will positively impact individuals and organizations required to authenticate documents as more than 120 countries are signatories to the Convention.
The change is also significant as it eliminates the need to navigate the former two-step process of getting documents authenticated by the province or federal government, (sometimes both), and then ‘legalized’ by the consulate or embassy of the country of destination.
Not All Provinces Have the Same Rules
The new scheme can be perplexing since the rules vary by province. For instance, in British Columbia and Quebec, the Competent Provincial Authority is authorized to verify a notarized document only if the original document was issued in their respective province. On the other hand, if the document is federal or comes from another province, it would need to be Apostilled by Global Affairs Canada.
In Ontario, all documents needing Apostilled, and notarized in Ontario, must be sent to either Official Documents Services (ODS) or select Service Ontario locations. In-person apostilles are either by appointment or walk-ins. This includes all documents issued by the Federal government or any other province. Documents notarized in Ontario and sent to Global Affairs will be returned without the Apostille. ODS is Ontario’s only Competent Authority. There are similar rules in Alberta and Saskatchewan.
The New Rules in Ontario
Some public documents are eligible for direct authentication and no longer require the notarization before authentication. These would include:
- Ontario public post-secondary diplomas, degrees, and transcripts issued after January 2019.
- Vital statistics documents, including polymer birth certificates.
- Business registry documents issued by the Business and Personal Property Branch or the Ontario Business Registry.
- Court-issued documents from the Superior Court of Justice or the Ontario Court of Justice issued as of July 10, 2023.
- For Certificates of Divorce issued before July 10, 2023, you may either notarize the document or have it reissued at the court where the original was filed or online. A newly reissued Certificate of Divorce will be eligible for authentication without notarization.
All other court-issued documents issued before July 10, 2023, will continue to require notarization. It’s worth noting that processing court-issued documents for in-person authentication requests can take up to 10 business days. If your request is urgent, you may want to consider notarizing the documents before taking them for authentication.
Documents issued within Canada in any languages other than English and French must still be notarized by an Ontario notary public and accompanied by a translation issued by a Certified Canadian Translator.
Conclusion
While implementing the Apostille Convention, there may be some minor issues, but it is widely believed that this new system will be an improvement over the previous one. In Ontario, the current cost of obtaining an Apostille is between $16 to $32 per document, plus additional fees for notarization or courier services, if required.
If you need a document notarized, use the contact page or call me at 519-721-1392.
Canadian authorities do not authenticate foreign documents ie foreign identification, even if they have been notarized by a Canadian notary public. Only the country that issued the documents may authenticate them or obtain an apostille for them. Review a list of other documents not eligible for authentication.
Documents destined for non-Hague signatory countries will continue to receive certificates of authentication. See a list of Hague signatory countries.
A link to the full text of the Convention for people having trouble falling asleep.