Notary 101 — What Every Canadian Should Know About Notarization
Understand when you need a notary, the difference between notaries and commissioners of oaths, what to bring, costs, and how notary powers vary by province.
What Is a Notary Public?
A notary public is a legally appointed official who serves as an impartial witness to the signing of documents. Notaries verify the identity of signers, ensure they are signing willingly and knowingly, and apply their official seal to authenticate documents. In Canada, notaries are appointed by provincial governments and must meet specific education and licensing requirements.
Notary vs Commissioner of Oaths
A commissioner of oaths can administer oaths, take affidavits, and witness statutory declarations. However, their powers are more limited than a notary public. Commissioners cannot authenticate documents for international use, certify true copies, or provide the broader range of services that notaries offer. If you only need someone to witness your oath on an affidavit, a commissioner of oaths is sufficient and typically less expensive. For anything beyond that, you need a notary.
Provincial Differences
Notary powers vary significantly across Canadian provinces. Here are the key differences:
Quebec
Quebec notaries (notaires) are legal professionals on par with lawyers. They can draft wills, marriage contracts, real estate deeds, and provide limited legal advice. A Quebec notary requires a law degree and specialized notarial training.
British Columbia
BC notaries have broader powers than those in most other provinces. They can prepare real estate transfer documents, wills, powers of attorney, and representation agreements. They complete specific notarial training and are regulated by the BC Notaries Society.
Other Provinces
In Ontario, Alberta, and most other provinces, notaries public primarily witness signatures, administer oaths, certify true copies, and authenticate documents. They cannot draft legal documents or provide legal advice. Many lawyers in these provinces are also notaries.
Common Documents That Need Notarization
Real Estate
Property transfers, mortgages, title documents, lease agreements
Wills & Estate
Wills, powers of attorney, personal directives, living wills
Affidavits
Sworn statements, statutory declarations, court affidavits
International
Apostille, embassy legalization, document authentication
Business
Corporate resolutions, partnership agreements, shareholder docs
Personal
Consent forms, travel letters for minors, name change documents
What to Bring to Your Appointment
- ✓Valid government-issued photo ID (passport or driver's licence)
- ✓The document(s) to be notarized (unsigned — you must sign in front of the notary)
- ✓Any supporting documents relevant to the transaction
- ✓For real estate: purchase agreement, mortgage details, title information
- ✓Names and addresses of any other parties involved
Mobile Notary Services
If you cannot travel to a notary's office due to health, mobility, or scheduling constraints, many notaries offer mobile services. A mobile notary will come to your home, office, hospital, or care facility. Mobile services typically include a travel fee of $50–$150 on top of the standard notarization fee. When booking a mobile notary, provide your address and any access instructions so they can plan accordingly.