How to Process an Apostille of Documents in Canada

An Apostille is a certification that is issued by a regulating power and is used to establish that a notary public’s signature or seal is authentic.  This originated from The Hague Convention of 5 October 1961 that eliminated the need to legalize foreign public documents.  This treaty was created to clarify the process of document certification and cannot be applied to diplomatic and commercial documents.

 

When a document is created in a participating nation for use in another country, then a notary public’s signature or seal is necessary to authenticate that document; as long as the Notary Public is certified by Apostille Canada. All participating nations select the individuals or firms who have the authority to issue Apostille certification.

 

Because Canada was not a signatory of the Hague Convention, therefore Apostille certification cannot be provided for Canadian public documents. Instead, Canada expects and will offer a Certificate of Authentication or Form 10 (International Certificate of Identity that is almost comparable to an apostille).

 

Processing an Apostille of documents in Canada

Since Canada does not have an Apostille certification, all public documents will undergo a three-step process;

 

Notarization.

Notarization is a significant step because, without it, the Department of Foreign Affairs and International Trade (DFAIT) will not authenticate a public document In Canada, various professions such as Medical Doctors, Professional Engineers, and School Principals can notarize certain documents; like identity documents. Please note that some foreign Embassies/Consulates require proper binding or sealing of notarized documents to minimize and prevent fraud.

 

Authentication & Legalization

These services are required for various reasons such as overseas employment, immigration to a foreign country and purchase of real estate property or other legal actions abroad and marriage to a foreign national.

Some of such documents can be verified as originals if they are issued by the appropriate provincial governments, while in some cases an earlier notarization may be required.  For example, original full-length birth, marriage or death certificates that are issued by the relevant province or territory can be authenticated without notarization.  Plastic, small-sized versions of these certificates cannot be validated as well as religious documents or funeral home death certificates.

 

The 3-step process was set up to relieve international authorities of the responsibility of verifying the authenticity of public documents presented from Canada. This authentication process is provided by the Authentication and Service of Documents Section (JLAC). This is part of the Department of Foreign Affairs and International Trade. However, in Ontario, document authentication is carried out by the Official Documents Services of the Management Board Secretariat.

 

DFAIT authentication Canada also requires that marriage search documents issued by the Province of Ontario must be notarized. Divorce certificates, divorce orders, and divorce judgments must also have the real signature of the appropriate court clerk or registrar, including the court seal or stamp.The dictates of authentication and legalization, differ from country to country. Find out from the country that requires the documents you what type of authentication they require.   You should also discover whether the country will need a particular document translated into its own language.