What is a Notary?

A notary, or notary public, verifies the signing of documents, administers oaths, and confirms the identities of individuals in legal agreements. Notaries help people prevent fraud and protect the authenticity of important documents, including contracts, affidavits, property deeds, and wills. This guide explains the duties of a notary, describes when you may need one, and outlines the advantages of notary services in Canada.

1. What Does a Notary Do?

A notary witnesses document signings, verifies identities, and administers oaths for sworn statements. Here’s a closer look at their main duties:

• Witnessing Signatures: A notary observes document signings and ensures that all parties understand and agree to the terms.
• Verifying Identities: Before notarizing, the notary confirms each signer’s identity by checking valid, government-issued identification.
• Administering Oaths and Affirmations: A notary administers oaths and affirmations for sworn statements, including affidavits.
• Certifying True Copies: Notaries certify copies of original documents, such as diplomas or birth certificates, verifying their accuracy.

These responsibilities help people use notaries to keep documents secure and legitimate.

2. Common Documents Notarized in Canada

People rely on notaries for a wide range of documents, including those for legal, financial, and personal needs. Here are some frequently notarized documents:

• Affidavits and Statutory Declarations: Legal proceedings, visa applications, or insurance claims often require these notarized statements.
• Property Deeds and Real Estate Documents: Notaries confirm the validity of real estate transactions, including property deeds, mortgages, and lease agreements.
• Wills and Powers of Attorney: Notaries verify the signers’ identities on wills and powers of attorney to reduce the risk of disputes.
• Consent Forms for Minors: Notaries witness parental consent forms for minors traveling abroad, confirming both parents agree to the travel.
• Business Contracts: Notaries authenticate business agreements, verifying that each party is informed, present, and signing willingly.

These documents need a high level of authenticity, making notarization essential.

3. Why You Might Need a Notary

Notarization offers a range of benefits, from preventing fraud to meeting legal standards. Here’s why notarization may be necessary:

• Preventing Fraud: Notaries reduce fraud by verifying the identities of each signer and confirming that they understand the document they sign.
• Meeting Legal Requirements: Certain documents, including property deeds and affidavits, require notarization to hold legal validity.
• Using Documents Abroad: Notarization can help prove Canadian documents’ authenticity abroad, making it easier for you to use them internationally.
• Certifying Copies for Official Use: Notaries create certified copies of original documents, often needed for applications like immigration, school admissions, or professional certifications.

These needs highlight the value of notaries in helping people maintain trust, security, and legal compliance.

4. Finding a Notary in Canada

You can find notaries in various professional settings in Canada:

• Notary Offices and Firms: Many notaries operate independently or work in law firms.
• Banks and Financial Institutions: Some banks provide notary services, especially for financial transactions or real estate documents.
• Online Notary Services: Some provinces permit virtual notarization, where notaries witness documents remotely using secure online platforms.
• Public Offices: Government offices and municipal buildings may offer notary services, although availability can vary.

By choosing the most convenient option, you can access reliable notary services based on your specific needs.

5. The Cost of Notary Services in Canada

The cost of notary services in Canada varies by document type, location, and the notary’s experience:

• Standard Fees: A basic document, such as an affidavit or consent form, typically costs between $20 and $50 to notarize.
• Complex Documents: Real estate documents, wills, or powers of attorney often cost more to notarize, typically between $75 and $200.
• Traveling Notary Services: If a notary visits a specific location, such as a hospital or client’s home, you may need to cover additional travel fees.
• Virtual Notarization: Virtual notary services, where allowed, may follow specific provincial rates or the notary’s established practice fees.

Comparing fees helps you find the best option for your needs, especially if you require multiple documents notarized.

6. Notary vs. Lawyer: Key Differences

Notaries and lawyers handle legal matters, but their roles differ:

• Scope of Services: Notaries focus on witnessing signatures, verifying identities, and certifying documents, while lawyers provide legal advice, representation, and handle disputes.
• Document Specialization: Notaries concentrate on authenticating documents, while lawyers draft, review, and interpret legal documents with an emphasis on legal implications.
• Cost: Notary services are generally more affordable than hiring a lawyer, making notaries a cost-effective option for document authentication.

Choosing between a notary and a lawyer depends on your specific needs. Notaries work well for document verification, while legal advice requires a lawyer’s expertise.

Frequently Asked Questions About Notaries

• Can I use a notary outside of Canada for Canadian documents?
  Yes, but you may need to confirm whether Canadian authorities accept the foreign notary’s credentials or if you need additional authentication, like an apostille.
• Does every Canadian province allow virtual notarization?
  Not all provinces permit virtual notarization, so check local regulations to confirm if remote notarization is available.
• Do I need an appointment to see a notary?
  Many notaries accept walk-ins, but scheduling an appointment can save time and ensure that you meet specific document requirements.

Conclusion

Notaries protect the integrity of legal documents, making them essential for various personal, business, and legal purposes. By verifying identities, witnessing signatures, and certifying documents, notaries help people prevent fraud and meet legal standards. Whether you need to notarize an affidavit, property deed, or travel consent form, understanding the role of a notary can help you approach document processing confidently.