Can a Notary Apostille a Document or Is Authentication Required?

Can a notary apostille a document? Learn about the apostille process, how to authenticate public documents, and whether a notary can issue this certificate.

When preparing foreign public documents for international use, it is essential to understand the key differences between an apostille certificate, notarization, and authentication. A common misconception is that a notary public may directly issue an apostille; however, notarization and apostille serve entirely different functions within the process of validating documents.

Notarization confirms the identity of signatories and the authenticity of signatures within the issuing country, while an apostille or authentication certifies the document for recognition abroad. Choosing the incorrect process can result in rejection by foreign authorities, unnecessary delays, or additional legal complications.

This article will clearly define the role of a notary, explain the purpose of an apostille, and outline when authentication is required instead. By clarifying these distinctions, you will be equipped to prepare your documents properly and ensure their acceptance under international legal standards. If you're not sure where to start or want to avoid delays, keep reading or contact me for assistance. My team and I offer full authentication and legalization services. This includes helping you get a document recognized in another country through Canada's apostille service.

In Canada, an apostille is a certificate that certifies the authenticity of a public document, allowing it to be accepted in another country. It confirms that the signature, stamp, or seal on the document originates from an official authority in the government of Canada. Apostilles are only recognized by countries that are part of the Hague Apostille Convention, which entered into force for Canada on January 11, 2024. Since then, Canadian documents can receive an apostille certificate, simplifying their acceptance in other members of the Hague Apostille countries by replacing the longer document authentication and legalization process.

Canadian documents that often need an apostille include birth certificates and marriage certificates, death certificates, school diplomas and transcripts, and powers of attorney. These documents are usually ready to be used legally in any Hague member country if they have an apostille attached. However, some places may still require additional steps, such as certified translations, if the document is not in the local language. Refer to this comprehensive guide for details on apostilling Canadian documents.

In Canada, the primary responsibility of a notary public is to authenticate the identity of individuals signing documents and to ensure the legitimacy of the signatures provided. They may also witness agreements, certify true copies of documents, and ensure that documents are signed willingly and correctly. This step creates a foundation of trust so the document can be relied on within Canada.

It is important to understand the limits of a notary’s authority. A notary cannot issue an apostille or a certificate of authentication—those are government functions handled by Global Affairs Canada or provincial authorities. For international use, notarization is often the first step. Once notarized, the document can be submitted to the competent authority for authentication or apostille, depending on the destination country.

A notary public in Canada cannot issue an apostille. The authority to provide an apostille rests only with designated government offices, such as Global Affairs Canada or provincial authorities. A notary’s role is limited to verifying signatures, witnessing documents, or certifying copies, but they do not have the legal power to certify documents for international use.

However, notarization is often required before an original document or a certified copy can be authenticated with an apostille. For example, if you need to present a Canadian diploma in another country that is a party to the Hague Convention, a notary may first confirm the authenticity of the copy. Once notarized, the document must be submitted to the proper government office to obtain an apostille. This two-step process highlights the difference: notarization confirms the signature or copy within Canada, while the apostille certifies the document for recognition abroad.

Authentication is the process of confirming that a Canadian public document, such as a birth certificate or a notarized document copy, is genuine. This process is required when the document will be used in a country that is not part of the Hague Apostille Convention. The key difference is that an apostille is accepted by Hague member countries, while a document authentication process followed by legalization at a consulate or embassy is needed for countries not party to the Apostille Convention.

It is important to note that notarization alone is not enough for international use. Even if a Canadian document has been notarized, it may still require authentication by Global Affairs Canada or a provincial authority before it can be recognized abroad.

A frequent misconception is that a notarized document is the same as one with an apostille. In reality, notarization only confirms the identity of the person signing the document and that they signed it willingly. An apostille, on the other hand, is a government-issued certificate that verifies the authenticity of the document for use in countries that are part of the Hague Apostille Convention. Notaries cannot issue apostilles—only official authorities, such as provincial offices or the Authentication Services Section at Global Affairs Canada (GAC), have the power to authenticate documents and issue apostilles for Hague member countries. For countries that are not part of the Hague Apostille Convention, these authorities provide authentication certificates instead, which must then be legalized at the consulate or embassy of the destination country.

Another misunderstanding is the belief that every document requires both notarization and an apostille. In fact, the requirements depend on the type of document and the country where it will be used. For instance, civil status records such as birth, marriage, or death certificates issued by a provincial vital statistics office may only require an apostille. In contrast, sworn statements or affidavits often require notarization before they can be qualified. If you need to authenticate your document to Global Affairs Canada—for example, federal documents such as those from the RCMP or the Immigration, Refugees and Citizenship Canada—it is essential to follow the correct process for your document type. Understanding these differences helps avoid delays and ensures your document is legally accepted abroad.

Wondering whether your document needs an apostille or authentication? The requirements depend on where your paperwork is headed—Hague Convention countries accept apostilles, while non-member states require authentication and legalization through their embassy or consulate. Not every document is treated the same; depending on the jurisdiction where the document was issued, it may need to get notarized first before becoming eligible for authentication or apostille. Submitting the wrong process can cause delays or rejection abroad.

I provide professional apostille services to make sure your documents are handled correctly. Whether your document is eligible for authentication through Global Affairs Canada, requires an apostille from a provincial authority, or must go through consular legalization, I’ll guide you step by step. Contact me today to ensure your documents in Canada are accepted internationally and ready for their intended destination.