Apostille vs. Notary: Understanding the Key Difference for Your Documents

Notary is most commonly used in a document that will be filed or used in your home country. Notarization is intended to verify the identity of the person signing the document and confirm the authenticity of the signature. This process eliminates fraud and enhances trust, particularly for business, financial, and legal documents designated for domestic use.

An Apostille, on the other hand, is used for foreign public documents that need to be recognized in another country. It certifies that the signature, seal, or stamp on a public document is authentic. Apostilles are only accepted by countries that are members of the 1961 Hague Apostille Convention, an international treaty that streamlines cross-border document recognition. This process allows documents such as birth certificates, marriage licences, and academic records to be legally accepted in other member countries without requiring further authentication.

In the Government of Canada, notarization is carried out by a licenced notary public or a commissioner of oaths, depending on the province or territory. The notary verifies the signer’s identity using valid government-issued identification and ensures the signature is made voluntarily and with complete understanding. Once notarized, the document is stamped or sealed to indicate that it has been properly signed and verified. This process is generally used for documents that will be kept and used within Canada.

For documents intended for use outside of Canada, an apostille may now be required. Since January 11, 2024, Canada has been a member of the Hague Apostille Convention, allowing for a simplified authentication process. Instead of the previous two-step process of document authentication and legalization, Canadian documents can now be issued an apostille, simplifying the procedure. Apostilles are provided by authorized federal or provincial authorities, such as Global Affairs Canada or designated provincial offices. The apostille process verifies the legitimacy of the signature, stamp or seal on the document, thereby making it legally recognized in other countries that signed the Apostille Convention.

Before visiting a notary, make sure your document is complete and ready for signing. Do not sign the document in advance—it must be signed in front of the notary so they can witness it. Review the document to ensure all required pages are included and that there are no blank sections that could be altered later.

You will need to bring a valid, government-issued photo ID, such as a driver’s licence, passport, or permanent resident card. The notary must verify your identity before notarizing the document. Without a proper ID, the notary cannot proceed with the process.

Find a licenced notary public in your area. They are often available at law offices, notary service centers, or some financial institutions. In some provinces or territories, a commissioner of oaths may also be authorized to notarize certain types of documents, depending on local rules.

Once you're with the notary, you will sign the document while they watch. This step is essential because the notary must confirm that you are signing the document willingly and that you understand the contents of what you are signing. The notary may ask you a few questions to ensure there is no pressure or confusion involved.

To obtain an apostille in Canada, the document must be a public document that qualifies under the Hague Apostille Convention. Common examples include birth or marriage certificates, court records, academic diplomas, and notarized documents. The document must be used in a country that is part of the Hague Convention. If the destination country is not part of the Convention, a different process called authentication and legalization may be required instead.

You will need to collect all required documents before submitting your request. This usually includes the original document or a certified copy of your document, a completed application form, and payment for any applicable fees. Some documents may also require notarization before an apostille can be issued. It is important to check the additional requirements necessary in case the required document is not in the specified language, including a certified translation by the receiving country.