FAQ Notary Public

A Certified True Copy is a photocopy of an original document that a Notary Public has verified as an exact and complete reproduction of the original. This is common for sensitive items like birth certificates, diplomas, or passports where you cannot part with the original.

To obtain one, you must bring the original physical document to your appointment. The Notary will:

1. Compare the original to the photocopy.
2. Apply a statement certifying that it is a true copy.
3. Sign and affix their official notary seal.

Please note that a Notary cannot certify a “copy of a copy.” They must see the original issued by the primary authority to provide a valid certification. Additionally, some government documents (like certain Canadian birth certificates) may have restrictions on being copied; always check with the receiving institution first.

Yes, Remote Commissioning has become a permanent and legal option in most Canadian provinces. This allows you to sign affidavits and statutory declarations via secure video conferencing platforms. During a remote session, the Commissioner verifies your identity on-screen, watches you sign the document electronically or physically, and then applies their own digital signature and seal.

However, there are strict limitations to keep in mind:

• Certified True Copies: These generally cannot be done remotely, as a Notary must physically inspect the original document to verify it against the photocopy.
• International Use: While your province may allow remote commissioning, the country or organization receiving the document may not recognize it.

Always confirm with the recipient if they accept “remotely commissioned” documents before booking a virtual appointment.

No. This is a common misunderstanding. The role of a Notary or Commissioner is to verify the identity of the signer and ensure the signature was given voluntarily under oath or affirmation.

When you “swear” an affidavit, you are the one attesting to the truth of the contents. The Notary’s job is to:

• Confirm you are who you say you are (via government ID).
• Ensure you understand the nature of the oath (that lying is a criminal offence).
• Witness the act of signing.

The Notary does not provide legal advice on the document content, nor do they “vouch” for the accuracy of your statements. You remain legally responsible for everything written in the document you sign.

To comply with provincial regulations and prevent fraud, a Notary must verify your identity using valid, government-issued photo identification.

Acceptable forms of ID typically include:

• A valid Passport (Canadian or Foreign).
• A Driver’s License.
• A Permanent Resident Card.
• A Provincial Photo Card.

Most Notaries require one piece of photo ID, but it is best practice to bring a second piece (such as a credit card or birth certificate) just in case. The ID must be current—expired identification cannot be accepted. If your document requires multiple signers, every person must appear before the Notary and present their own valid ID at the time of signing.

While a Will or Power of Attorney in Canada does not technically need to be notarized to be legally valid, it is standard practice to have one of the witnesses sign an Affidavit of Execution in front of a Notary or Commissioner.

This affidavit is a sworn statement by a witness confirming that they saw you sign your document in the presence of the required number of witnesses. This is a vital “probate” document used after a person passes away. Without it, the court may require the original witnesses to be found to testify that the Will is genuine—which can be difficult or impossible decades later. Having the affidavit commissioned at the time the Will is signed saves an estate significant time, stress, and legal costs in the future.

If you are sending a Canadian document abroad, the foreign country may require it to be authenticated and legalized (now commonly referred to as an Apostille since Canada joined the Hague Convention).

This is a multi-step process:

1. Notarization: A local Notary Public signs and seals your document.
2. Authentication: A government body (like Global Affairs Canada or a provincial Ministry) verifies the Notary’s signature and applies a certificate or “Apostille” stamp.

As of early 2024, Canada has simplified this process by adopting the Apostille Convention, meaning many documents only need one government certificate to be recognized in over 120 countries. If you are unsure if your document needs this, contact the embassy or consulate of the destination country.

Yes. A Notary Public or Commissioner of Oaths has the professional discretion to refuse service under certain circumstances. Common reasons for refusal include:

• Lack of ID: If you cannot provide valid, government-issued photo identification.
• Incapacity: If the Notary believes you do not understand what you are signing or are under duress/coercion.
• Pre-signed Documents: If you have already signed the document before the appointment (it must be signed in front of the Notary).
• Illegal Content: If the document is clearly fraudulent or for an illegal purpose.
• Incomplete Documents: If there are blank spaces in the document that could be filled in later to change its meaning.

To ensure a smooth process, always wait to sign until the Notary instructs you to do so during your meeting.

If you are applying for a Canadian passport but do not have a qualified guarantor (someone who has known you for two years and meets specific professional or status requirements), you must complete a Statutory Declaration in Lieu of Guarantor (Form PPTC 132).

This form must be sworn and signed in the presence of a Notary Public or Commissioner of Oaths. Unlike a standard guarantor, the Notary does not need to have known you for two years; they are simply witnessing your sworn statement that the information in your application is true. Note that this specific form is usually only available from a Passport Canada office or via their website and involves an extra level of scrutiny by the passport office.

It depends on the document. While a Notary’s primary role is to witness and seal, many paralegals offer drafting services for common documents like:

• Travel Consent Letters (for children traveling with one parent).
• Affidavits for court or insurance purposes.
• Statutory Declarations for name changes or marital status.

However, if the document requires specialized legal advice—such as a complex commercial contract, a separation agreement, or an intricate estate plan—the Notary may refer you to a lawyer. It is important to distinguish between “notarizing” (witnessing) and “legal drafting” (creating). If you need a document created from scratch, mention this when booking so the paralegal can prepare the draft before your signing appointment.