If you’ve ever been asked to get your document “apostilled,” you might wonder whether your local notary public can take care of it. It’s a common question, especially since both notaries and apostilles play a role in verifying official documents. However, their functions are very different.
An apostille serves as an international certificate that verifies the authenticity of public documents, including birth certificates, marriage records, or notarized affidavits, for use in countries that are part of the Hague Apostille Convention. This certificate verifies that the signature, seal, or stamp on your document is genuine and issued by a recognized authority in your country. Because notaries already verify signatures and identities, it’s understandable why people assume they can also issue an apostille.
In this article, we’ll explain the distinction between a notary’s responsibilities and the apostille process, including who is authorized to issue an apostille, when notarization is required, and how these steps fit together to make your document valid abroad.
Need help with document apostille/legalization/authentication/attestation — and/or criminal record check in Canada? Contact us via our form, call us at +1-613-501-0555 (WhatsApp available) or +1-800-857-1215 (toll-free), fax us via 1-844-786-2001, or text us at [email protected].
What Is an Apostille?
Definition and Purpose
An apostille is an official certificate that verifies the authenticity of a public document for international use. It confirms that a recognized authority in the country of origin issued the signature, seal, or stamp on a document. The Hague Apostille Convention of 1961 established the apostille system, which makes it easier for member countries to authenticate the validity of public documents.
Canada officially became a party to the Apostille Convention, and the Convention took effect in Canada on January 11, 2024. Since then, Canadian authorities have been authorized to issue apostilles for documents originating in Canada. This means Canadians can now obtain an apostille to certify the authenticity of public documents like birth certificates, marriage records, academic transcripts, and notarized affidavits, for use in other Hague member countries. Once attached, the apostille ensures these documents are legally recognized abroad without requiring further legalization.
How Apostille Differs from Authentication or Legalization
An apostille is only used for documents that will be submitted to countries that are signatories of the Apostille Convention. For countries that are not part of the Convention, the process involves authentication and legalization. This usually means that both the domestic authorities and the foreign embassy or consulate of the destination country must check the documents. Knowing whether your destination country is a Hague member is essential, as it determines whether you need an apostille or a full legalization process to ensure your document will be accepted overseas.
What Is a Notary Public and What Do They Do?
A notary public is a government-appointed official who is authorized to verify the identification of those signing documents and to witness the signing procedure. This authorization is usually provided at the state, provincial, or national levels. The goal of this position is to ensure that the signer understands the contents of the document and that the signature is provided voluntarily and without coercion. While a notary public confirms the authenticity of the signature and the identity of the signer, they do not determine whether the document itself is legally valid or enforceable.
Notarization is typically necessary for documents used inside the same country, such as affidavits, real estate transactions, powers of attorney, and legal agreements. After validating the signer’s identification and witnessing the signing, the notary affixes an official stamp or seal and completes the notarial certificate. This process certifies that the document was executed in accordance with local notarial rules and that the signature and identity of the signer have been properly verified. Whether the document is legally binding, however, depends on its content and compliance with applicable laws.
Notarization vs Apostille: Key Differences
Notarization is the process of verifying the authenticity of a person’s signature on a document. A notary public verifies the identity of the signer, ensures they are signing willingly and understand the contents of the document, and witnesses the signing. The document is considered properly executed in the jurisdiction that issued it, such as a province, state, or country, once it has been notarized. Notarization alone does not make a document legally valid or enforceable. The legal effect of a document depends on its content and compliance with local laws. It also doesn’t make the document good for use outside of the country. Apostilles are required when foreign governments need additional verification that the notary’s signature and seal are genuine.
An apostille is an official document issued by a government agency, such as a provincial ministry, the Secretary of State, or the foreign affairs department. It ensures that the notary public or other public official who signed the document was authorized to do so. In most cases, the document must first be notarized before an apostille can be issued, especially for private or business documents. The apostille ensures that the notarized document will be recognized in other countries that are members of the Hague Apostille Convention. In contrast, if the destination country is not a member, the document must go through a longer process called authentication and legalization, which involves approval by additional government offices or embassies.
Can a Canadian Notary Public Apostille a Document?
A Canadian Notary Public cannot issue an apostille. Canadian document apostilles are issued by specified competent authorities, including Global Affairs Canada (GAC) or individual provincial authentication offices. To confirm that the document was issued and signed by an authorized official, these authorities verify its authenticity for use by the countries that are signatories to the Hague Apostille Convention.
However, some Canadian documents may need to be notarized by a Canadian Notary Public before they can obtain an apostille. In this case, the notary checks the identity of the person signing or certifies that the document is a true copy. A notary can assist you in preparing documents and submitting them for an apostille, but only an authorized government office can issue the final certificate. This distinction makes sure that both notarization and apostille follow the proper legal steps to be recognized abroad.
Step-by-Step Process for Obtaining an Apostille Certificate
Step 1: Document Preparation, Translation, and Notarization (If Required)
To begin the document authentication process, confirm that your paperwork qualifies as a Canadian public document, such as documents issued by the Government of Canada or local authorities, like birth certificates, marriage certificates, court decisions, or notarized affidavits. Some of these may need a notary before they are eligible for authentication. A Canadian Notary Public ensures that the original document was properly signed and issued by an authorized person. If the document was written in a language other than English or French, a certified translation of the document may also be required before submission.
Step 2: Send Your Documents to Competent Authority (Global Affairs Canada or Provincial Authority)
After the document is notarized, the next step is to send it to the competent authority. For federal-level documents, this means the Authentication Services Section at Global Affairs Canada, while provincial authorities handle those under their jurisdiction where the document originated. The office reviews the notary’s credentials, verifies the seal or signature, and ensures the document meets the requirements to authenticate documents. Global Affairs Canada issues apostilles and authentications for documents that qualify under the Hague Apostille Convention.
Step 3: Issuance of Apostille
After successful verification, the competent authority attaches the apostille certificate to the original document. This confirms that the signatures, seals, and stamps are genuine and recognized under the Hague Apostille Convention. Canadians can only receive an apostille if the destination country has signed the Apostille Convention.
Step 4: Using the Document Abroad
After the apostille is issued, the document will be used in any country that is a party to the Hague Apostille Convention. This process ensures the document is legally valid and recognized without the need for additional steps. Documents destined for Hague signatory countries do not require the authentication or legalization process. However, if the document will be used in a country that has not signed the Convention, you may need to get it authenticated or legalized through the appropriate government offices before it is accepted abroad.
Common Mistakes
It is important to understand that an apostille does not replace notarization. In most cases, getting a document apostilled begins with proper notarization. The Canadian Notary Public verifies your identity and witnesses your signature, while the apostille confirms that the notary’s signature and seal are authentic. These are two separate steps, and both may be required depending on the territory where your document will be used. Always ensure that the paperwork meets all document requirements before submission, especially for documents issued or notarized within Canada.
Another key point to remember is that not all countries recognize apostilles. Apostilles are applicable solely to documents that have been issued or notarized in countries that are signatories to the Hague Apostille Convention. In case the destination country is not a signatory to the Apostille Convention, the document will have to undergo the authentication and legalization processes instead. This is mostly handled by the embassy or the consulate of the country. Additionally, documents not issued in Canada cannot be apostilled there; instead, they must be prepared in the country of origin. Always check the rules of the country or territory where your document will be used to ensure proper compliance.
Need an Apostille or Document Authentication Service? LSC Can Help You & Next Steps
Processing times at Global Affairs Canada and provincial offices can vary, so it’s best to start early. To ensure your documents are recognized internationally, they must undergo the proper steps of notarization and authentication. Depending on the destination country, you may require an apostille or full authentication and legalization. Starting early helps you avoid delays and ensures your paperwork meets all document requirements.
Reach out to LSC today to authenticate your documents or obtain an apostille certificate. Our team handles the entire process from document preparation, notarization, and translation to government submission, so you can focus on your plans abroad while we ensure your documents are properly certified and ready for international use.
Need help with document apostille/legalization/authentication/attestation — and/or criminal record check in Canada? Contact us via our form, call us at +1-613-501-0555 (WhatsApp available) or +1-800-857-1215 (toll-free), fax us via 1-844-786-2001, or text us at [email protected].