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Apostille vs Notarization: What’s the Difference?

Apostille vs notarization

If you’ve been told your document needs to be “notarized and apostilled,” it’s easy to assume those are two names for the same thing. They aren’t. They do different jobs, they’re done by different people, and getting the order wrong is one of the most common reasons documents get rejected. This guide explains what each one is, how they differ, and how to tell which ones you need. By the end, you should know exactly what to do first and what to do next. The Short Answer: What’s the Difference Between an Apostille and Notarization? Notarization is done by a notary public. They confirm who signed a document, witness the signature, or certify that a copy is a true copy. An apostille is issued by a government authority. It confirms that the notary’s (or other official’s) signature and seal are genuine, so the document can be accepted in another country that belongs to the Hague Apostille Convention. In short: notarization is about the person signing. An apostille is about the official who handled the document. For many documents going abroad, you need both, in this order: notarization first, then the apostille. What Is Notarization? Notarization is a formal step where a licensed notary public (or, in some provinces, a lawyer who acts as a notary) checks and records something about a document. Depending on what you need, they might: A notary also makes sure you’re signing willingly and understand what the document is. They’ll then sign it, add their official stamp or seal, and often record it in a notarial register. What notarization does not do is prove the content of your document is true or legally sound. A notary confirms the signing process, not whether the facts in your document are correct. Who can notarize varies across Canada. In most common-law provinces, notaries public are appointed by the province, and many lawyers hold that status. British Columbia has notaries public who aren’t lawyers. Quebec has its own system of civil-law notaries with a different role. Because of these differences, it helps to use a notary or lawyer who’s in the same province where you’ll apply for the apostille. What Is an Apostille? An apostille is a certificate attached to a public document. It confirms three things: that the signature on the document is genuine, that the person signing had the authority to do so (for example, as a notary or registrar), and that the seal or stamp on the document is authentic. It exists because of the Hague Apostille Convention, an international agreement that simplifies how documents are accepted between member countries. Instead of making you go through several rounds of embassy or consulate verification, one apostille is enough for countries that belong to the Convention. You can see the official member list on the HCCH apostille page. Canada joined the Convention on January 11, 2024. Before that, documents leaving Canada generally had to go through a longer legalization process. An apostille doesn’t verify the content of your document, translate it, or guarantee that the receiving office will approve your application. It only confirms where the document came from. Apostille vs Notarization: Side-by-Side Notarization Apostille What it does Verifies identity, witnesses signatures, certifies copies Verifies the official’s signature and seal for use abroad Who does it Notary public or lawyer-notary Government authority (federal or provincial/territorial) What it confirms The signer’s identity and that they signed That the notary or official is genuine and had authority Where it’s used Within Canada and as a step before an apostille In other Hague Convention member countries Does it prove content is true? No No Comes first or second? First (for private documents) Second Replaces the other? No No The easiest way to remember it: notarization makes your document credible in Canada, and the apostille makes that notarization credible abroad. Why Both Often Go Together Think of it as a chain of trust. Each step proves the one before it. Skip the notarization and there’s nothing for the apostille authority to verify. Skip the apostille and the receiving country has no easy way to check the notary. When Do You Need Notarization Only? Some situations only need a notary, with no apostille, because the document stays within Canada or the receiving party accepts notarization alone. Common examples include: If you’re not sure whether the receiving party will want more than a notary’s stamp, ask them in writing. It saves a lot of trouble. When Do You Need an Apostille Only? Public documents issued by an official body often don’t need a notary at all, because they already carry an official signature and seal. In those cases you can usually go straight to the apostille authority. Examples include: Check the issuing office’s rules first. Some authorities won’t apostille a notarized copy of certain public records, and want the original or a newly issued certified version. When Do You Need Both? You’ll typically need notarization first and an apostille second when the document is a private document, meaning something you or your organization created, or when you’re using a copy. Common cases: If you want to see how the full process works from start to finish, our guide on how to get a document apostilled in Canada walks through each step, including how to find the right issuing authority. The Correct Order: Notarize First, Then Apostille This is the rule that trips up the most people. The apostille authority can only verify a signature it recognizes, and it keeps the signatures of notaries and officials on file. That’s why the order matters. If you sign first and notarize later, the notary can’t witness the signature, and the document may be invalid for your purpose. What About a Commissioner of Oaths? Some provinces also have commissioners for taking affidavits, who can administer oaths and witness certain documents. In many cases, a commissioner’s stamp is enough for Canadian purposes, but it may not work for an apostille. Authorities usually keep signatures from notaries and certain designated