What Does a Notary Public Do in Canada?

At some point, most people get asked for a notarized document. It might be a travel consent letter for your child, a power of attorney, an affidavit for an immigration application, or a certified copy of your passport. The request usually comes with a deadline, and no explanation of what a notary actually does.

This guide explains it in plain language: what a notary public does in Canada, what they can’t do, how the role differs from province to province, and what to expect when you book an appointment.

The Short Answer: What Does a Notary Public Do in Canada?

A notary public is an official who acts as an impartial witness to important documents. In Canada, a notary public verifies your identity, witnesses your signature, administers oaths and declarations, and certifies copies of original documents as true copies. By doing this, they add a layer of trust, so that banks, courts, government offices and foreign authorities can rely on your document.

A notary doesn’t confirm that the content of your document is true or legally sound. They confirm the signing process: who you are, that you signed willingly, and that the signing happened in front of them.

What Is a Notary Public?

A notary public is someone authorized by law to carry out certain official acts, called notarial acts. Think of them as a trusted neutral party. They have no stake in your document. Their job is to make sure the formalities were done properly.

When a notary completes a notarial act, they usually sign the document, add their official stamp or seal, record the date and place, and in many cases write the details in a notarial register. That record is part of what makes notarization reliable. If anyone questions the document later, there’s a trail showing what happened.

The Main Things a Notary Public Does

1. Verifies your identity

Before anything else, the notary checks that you are who you say you are. That means looking at valid, government-issued photo ID, such as a passport, driver’s licence or permanent resident card. Notaries are careful about this because the whole point of notarization is to prevent fraud and impersonation.

If you can’t show acceptable ID, a notary may refuse to proceed. That isn’t personal. It’s a requirement of the role.

2. Witnesses your signature

For many documents, the notary has to see you sign. You sign in their presence, and they confirm that it happened. This is why you should never sign a document before the appointment. If it’s already signed, the notary generally can’t witness it, and you may have to start again with a fresh copy.

3. Administers oaths, affirmations and declarations

When a document needs to be sworn or affirmed, like an affidavit or a statutory declaration, the notary administers the oath. You promise that what you’ve written is true, and the notary records that you did so. Making a false statement under oath can have serious legal consequences, so the process is taken seriously.

4. Certifies copies of original documents

A notary can examine an original document and certify that a photocopy or scan is a true copy of it. This comes up often with passports, diplomas, identity documents and contracts.

There’s an important catch. Some institutions and authorities don’t accept notarized copies of certain documents, and some notaries won’t certify copies of certain public records. Vital records like birth certificates are common examples. Always check what the receiving party accepts before you book.

5. Prepares documents for use outside Canada

Notarization is often the first step for documents going abroad. For countries that belong to the Hague Apostille Convention, the notarized document is then sent to a government authority for an apostille, which confirms the notary’s signature is genuine. Canada joined the Convention on January 11, 2024. You can see the official member list on the HCCH apostille page.

If you’re not sure how the two steps fit together, our guide on apostille vs notarization explains the difference and the right order to follow.

Notary Public vs Commissioner of Oaths vs Lawyer

These roles overlap, which is why people get confused.

A notary public performs notarial acts and, in most provinces, is recognized for notarizing documents that will be used outside the province or abroad.

A commissioner for taking affidavits (or commissioner of oaths) can administer oaths and witness affidavits, usually for use within the province. Their authority is often narrower, and many foreign offices and apostille authorities don’t treat their stamp the same way as a notary’s.

A lawyer can give legal advice, prepare documents and represent you. In many provinces, lawyers can also act as notaries or commissioners. When they do, they’re performing a separate function from giving legal advice, and what they can do depends on their licence and the rules in that province.

The practical takeaway: if your document is going to another country, a notary public (or a lawyer who is also a notary) is usually the safer choice than a commissioner alone. Ask the receiving office what they accept.

How Notaries Differ Across Canada

This is one of the most important things to understand, because the role isn’t identical everywhere.

Common-law provinces (such as Ontario, Alberta and Nova Scotia). Notaries public are typically appointed or recognized by the province, and in many cases the notary is also a lawyer. In Ontario, for example, most people get documents notarized by a lawyer. Their main role is witnessing, administering oaths and certifying copies.

British Columbia. Notaries public in BC are a separate, regulated profession, overseen by the Society of Notaries Public of BC. They’re not lawyers, but they can prepare certain legal documents such as wills, powers of attorney and real estate transfer documents, in addition to notarial acts. Their scope is broader than in most other provinces.

Quebec. Notaries in Quebec are civil-law notaries. They’re legal professionals regulated by the Chambre des notaires du Québec, and they draft authentic acts such as wills, marriage contracts and real estate deeds. The role is quite different from a common-law notary’s, and it comes with legal advisory responsibilities.

Because of these differences, rules about who can notarize, which documents they can handle and what an apostille authority will accept can vary. It’s worth checking your province’s rules, or asking a notary service you trust, before you start. You can find out more about each regime through the Society of Notaries Public of BC, the Chambre des notaires du Québec, or your provincial law society, such as the Law Society of Ontario.

Documents People Commonly Get Notarized

Here are some of the most frequent requests:

• Affidavits and statutory declarations. Sworn statements for courts, immigration applications, or personal matters such as proof of marital status.
• Powers of attorney. Letting someone act for you on legal, financial or property matters, in Canada or abroad.
• Travel consent letters. Giving permission for a child to travel with one parent, another adult, or alone.
• Certified true copies. Passports, diplomas, transcripts, licences and similar documents.
• Letters of invitation and support. For visitors or family sponsorship, where the receiving authority asks for notarization.
• Vehicle and property documents. Bills of sale or consent forms, depending on the situation.
• Business documents. Resolutions, authorizations and agreements used with banks or foreign partners.
• Identity and residence declarations. Used for pensions, banking, or foreign government processes.

Not every document in this list needs notarization every time. Whether you need one depends on the receiving party’s rules, so confirm before you book.

What a Notary Public Can’t Do

Knowing the limits can save you time and money.

They can’t verify that your document is true or legally effective. They confirm the signing process, not the content.

They can’t notarize a document you’ve already signed. In most cases they have to witness the signature themselves.

They can’t give legal advice (in most common-law provinces). A notary who isn’t also acting as a lawyer will generally refer you to a lawyer for advice. Even when a lawyer-notary is involved, they can notarize without advising you on the content.

They can’t notarize without proper ID. No acceptable ID, no notarization.

They can’t notarize for someone who appears confused, pressured or unwilling. A notary has to be satisfied you understand the document and are signing freely.

They can’t notarize a document in which they have a personal interest. Conflicts of interest are a reason for refusal, and notaries are usually barred from notarizing for themselves or close family members.

They can’t issue an apostille. Apostilles come from a government authority, not a notary.

When Notarization Isn’t Enough

Sometimes a notary’s stamp isn’t the end of the process.

If your document is going to a country that belongs to the Hague Apostille Convention, you’ll usually need an apostille after the notarization. If the destination isn’t a member, you may need legalization through the destination country’s embassy or consulate instead. Our guide on how to get a document apostilled in Canada walks through each step, and our Apostille Services team can help if you’d rather not chase multiple offices.

What Happens at a Notary Appointment?

Here’s what a typical visit looks like:

1. You show your ID. The notary checks it against you and the document.
2. They review the document. They check that it’s complete and ready to sign, and that you understand what it is. They won’t explain the legal effect in detail unless that’s part of their role.
3. You sign in front of them (or take an oath, if it’s an affidavit or declaration).
4. They complete the notarial act. They sign, stamp or seal the document, and add the date and location.
5. They record it. Many notaries log the act in a register.
6. You get the document back. If it’s going abroad, this is when you move on to the next step, such as an apostille.

Appointments are often quick, sometimes 15 to 30 minutes for a simple document, though complicated documents take longer.

What to Bring

Arrive prepared. A good checklist:

• Valid government-issued photo ID (passport, driver’s licence or equivalent)
• The document to be notarized, unsigned
• The original document, if you need a certified copy
• Any extra requirements from the receiving party (for example, a specific wording or form)
• Payment for the notary’s fee
• For travel consent letters: passport details, travel dates and the other parent’s contact information

If someone else is signing too, such as both parents on a consent letter, check whether each person has to attend.

Can You Get a Document Notarized Online?

In some provinces, remote or online notarization is allowed in certain situations. The rules, tools and limits differ across Canada, and not every document or receiving party will accept a remotely notarized version. If you’re considering it, ask the notary what’s permitted in your province, and check with the receiving office before you rely on it. This matters most for documents going abroad, where the destination country may have its own requirements.

What Does Notarization Cost, and How Long Does It Take?

Fees vary depending on the province, the type of document and the notary. Many notaries charge per document, per signature or per notarial act, and some charge extra for travel or after-hours appointments.

Timing is usually quick if you’re prepared. Same-day or next-day appointments are common. If you also need an apostille, add time for government processing and courier delivery.

If you have a deadline, such as a visa appointment, a court date or a travel date, plan backwards and leave a buffer.

How to Choose a Notary You Can Trust

Because notarization is all about trust, choose carefully.

• Check that they’re authorized. Ask for their commission or licence details, or look them up with the relevant authority.
• Ask about your document. A good notary will tell you early if they can’t notarize it, or if you need something different.
• Look for clear communication. They should explain fees, what to bring and what happens next.
• Consider experience with your situation. If your document is going abroad, someone who regularly handles cross-border paperwork will know what receiving offices expect.
• Confirm they know the next step. If you’ll need an apostille, ask whether they can guide you or help with it.

If you’d like a straightforward start, our Notary Services team can review your document, confirm what’s needed, and handle the notarization so you know it’s done correctly the first time.

Common Mistakes to Avoid

Signing before the appointment. The most common mistake, and it can mean starting over.

Forgetting ID. An expired or missing ID usually ends the appointment.

Assuming any notary stamp works everywhere. Some offices, especially abroad, are particular about who notarized and how.

Not checking what the receiving party wants. Ask for their requirements in writing if you can.

Bringing a photocopy when the original is needed. For certified copies, the notary generally has to see the original.

Leaving it to the last minute. Notarization is the first step in many longer processes, so delays here ripple through everything else.

Confusing notarization with legal advice. If you’re unsure what a document means or whether it’s right for your situation, talk to a lawyer first.

A Quick Guide: Do You Need a Notary?

• Is someone asking you to sign something in front of an official witness? You probably need a notary or commissioner.
• Does the receiving party ask for a “certified true copy”? A notary (or other authorized person) can certify it, but confirm they accept notarized copies of that document.
• Is the document going to another country? You’ll likely need notarization first, then an apostille or legalization.
• Is it a government-issued public document, like a birth certificate? You may not need a notary at all, since it can often go directly to the apostille authority.
• Not sure? Ask the receiving office exactly what they require, and get it in writing.

Final Thoughts

A notary public does something simple but important: they make sure a document was signed by the right person, in the right way, with nothing left to doubt. That small step gives banks, courts and foreign authorities a reason to trust what’s in front of them.

The role looks a little different from province to province, and the right steps depend on where your document is going. Know what the receiving party needs, bring proper ID, don’t sign early, and give yourself enough time. If your document is headed abroad, plan for the next step too.