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
