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Frequently asked questions
Notaries have all the powers of a Commissioner of Oath, and are authorized to witness, and sign various types of documents including but not limited to the following:
Affidavits (all types including OSAP Affidavits)
Statutory Declarations
Consent Letter for children travelling abroad (commonly referred to as a travel consent letter)
CCDC 9A – Statutory Declaration of Progress Payment Distribution by Contractor
Delayed birth registration forms
Application to amend birth registration
Declaration affirming parentage
Common law/Single/marital status certificates
Federal government permanent residency card applications
Municipal Information Form (MIF) for liquor license
Affidavit waiving vaccinations based on religious grounds
Statutory declaration by an applicant to correct an error in registration
Legal name change application
Bank statutory declaration
Insurance claims documents
Common law status affidavits
Special invitations to family members overseas
Passport applications (in lieu of guarantor)
Attestations for pension purpose, e.g. to confirm recipient's residency and status (dead or alive)
Residency document
Lost /stolen passport
etc.
Documents that cannot be e-signed or notarized online are;
Certified True Copies
Separation and Divorce Agreements
Negotiable Instruments such as cheques, loan agreements and promissory notes.
Letter of credit, payment bonds or I.O.Us
Estate Documents, Deed, Bill of sale.
Wills and Power of Attorney (cannot be e-signed)
The short answer is no, to act as a "guarantor" on a passport application, the guarantor must have known you for a specified length of time. Therefore, a notary cannot act as your guarantor unless they've known you for the required timeframe. Alternatively, if you do not have a guarantor, you can simply complete a Statutory Declaration in Lieu of Guarantor form, to accompany your passport application. After your form is filled in, you would need to book your appointment online with one of our notaries to have it signed.
Notarization is a highly effective process that's used to prevent fraud related to document execution. Notaries are appointed by the Ministry of Attorney General and are tasked with ensuring that the signing parties appearing before them have proper and valid identification. The three essential purposes of notarization are; identification of the individuals signing, confirming that the document is being signed willingly without coercion or undue influence; and verification of the transaction at a later date.
When meeting with a notary all signing parties must provide valid identification. Valid identification is considered a government-issued photo i.d with a signature and expiration date.
Examples of this include a driver's license, passport, permanent resident card, citizenship card, etc. If you do not have any photo ID documents, you may present a combination of two pieces of government-issued identification documents such as a health card + birth certificate, S.I.N + birth certificate or S.I.N + photo health card.
The most significant difference is that documents that are signed by a Commissioner can only be used in the Province where the notary is authorized and cannot be executed while the signer is outside of the Province i.e. in another country or Province. Also, the types of documents that can be signed by a Commissioner are restricted. A notary can sign a wider variety of documents. Notarized documents can also be used internationally and outside of the Province where the Notary is appointed.
Notary Service (In-person)/1 page = $40.00 + tax
Mobile Notary/1 page = $75.00 + tax ($35 per page + travel cost $40)
Commissioner of Oath & Affidavits (Online)/1 page = $25.00 + tax
Wills & Power of Attorney (POA) Notarization: Starting from $45.00 + tax
Real Estate Closing Document Notarization: Starting from $84.00 + tax
Document Preparation & Drafting/1 page = $30.00 + tax
* Prices are per signature page. Discount available for bulk signing (10 or more signature pages).
Book Now: https://www.mynotarialservices.ca/book-online
If you are the signer or deponent and English is not your first language you may still have your document witnessed or notarized with or without an interpreter depending on your level of English.
Ontario Rules of Civil Procedure, Rule 4.06(8) states the following:
If it appears to you that the deponent does not understand the language used in the affidavit, you must certify in the jurat that the affidavit was interpreted to the deponent in your presence by a named interpreter who took an oath or made an affirmation before you to interpret the affidavit correctly.
According to the Canada Evidence Act, section 16 (1) a minor may be allowed to sign an Affidavit or act as a witness if they understand the nature of the oath or solemn affirmation. However, the youngest age acceptable is 14 years old, a minor younger than 14 years of age cannot act as a witness nor take an oath or solemn affirmation.
This is subject to the situation and context.
Witness whose capacity is in question
16 (1) If a proposed witness is a person of fourteen years of age or older whose mental capacity is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry to determine
(a) whether the person understands the nature of an oath or a solemn affirmation; and
(b) whether the person is able to communicate the evidence.
Person under fourteen years of age
16.1 (1) A person under fourteen years of age is presumed to have the capacity to testify.
Marginal note:No oath or solemn affirmation (2) A proposed witness under fourteen years of age shall not take an oath or make a solemn affirmation despite a provision of any Act that requires an oath or a solemn affirmation.
Will and POA Virtual "live" Signing
The virtual Will & Power of Attorney signing process is essentially the same as the online notarization process with the exception that the testator, witnesses and notary will all physically sign the documents in separate counterparts using what is known as a "wet ink" signature instead of an e-signature. Wet Ink Signature refers to a signature that is created on paper using a physical writing tool such as a pen. Signing in counterpart means that duplicate contracts or documents are printed so that there is a separate copy for each party to sign at the same time.
The Process
(1) Once your appointment is booked, you will receive a confirmation email.
(2) Reply to the confirmation email with your I.D. and document(s) attached.
(3) On the day of your appointment, use the link that was shared with you in the confirmation email to join the video conference. All signing parties must be present.
(4) The Testator (the owner of the Will) and the witnesses will physically sign a printed copy of the Will and/ or Power of Attorney.
(5) The notary will also physically sign and seal a copy of the Will and/ or Power of Attorney.
(6) The notary will then mail their copy to you. Once both signed copies are together this constitutes a legally binding document; signed in separate counterparts.
(7) You must then store your Will & POA in a safe and secure area and notify your Executor of its location.
Do not attempt to make any corrections or changes to either copy of the Will and/ or POA after it has already been notarized because this will make it null and void. If you need to make changes, corrections or updates, then you must create a new Will or Power of Attorney. If you have questions, feel free to contact us by email at info@notarialservicescanada.ca
Authentication may be required before you can use a Canadian document abroad, typically the recipient of the document will inform you whether or not they require it. Authentication refers to the genuineness of the signature of a public official found on a document. In some countries, authentication is also known as 'Apostille'. After being authenticated, your document may need to be legalized by the authorities of the country of destination (e.g., by their embassy, high commission or consulate in or accredited to Canada).
To be authenticated, your document must bear an original, recognized signature (and seal, if applicable). In other words, it must first be notarized.
To find out if your document requires authentication, see the section below. To explore alternatives to authentication by Global Affairs Canada, please visit Alternatives to authentication by the Authentication Services Section at Global Affairs Canada.
Click here to find out whether your document(s) require notarization before authentication.