This bulletin will briefly explain the old process of authenticating and legalizing documents and provide some insight into the new apostille certificate process.
The Old Process – Authentication and Legalization
In the past, the process for using Canadian documents abroad was to have the documents "authenticated and legalized". This involved (i) preparing a notarial copy of the document, (ii) having the notary's qualifications authenticated by the Ontario or Canadian government, and (iii) having the authenticated document legalized by the embassy of the country where the document was to be used. We know from experience that the legalization step was what was most challenging. We had an estate matter with assets in Montenegro. Although there was a consular office in Toronto, they did not provide legalization services, and we had to deal with the Montenegro embassy in Washington, D.C.
The New Apostille Certificate
The new apostille process eliminates the need for embassy legalization and should reduce costs. Global Affairs Canada says that "authenticating some documents in Canada will become faster and simpler ... a single certificate, called an "apostille", will be issued to authenticate Canadian public documents. This will facilitate their use in more than 120 countries that are members of the convention, eliminating some of the steps currently required to have documents accepted outside Canada."
It is important to note that if the destination country is not a member of the Apostille Convention, the "old" authentication and legalization process is still required. You can check if the destination country for your documents is a contracting party to the Apostille Convention online.
How Do I Get an Apostille Certificate?
Where to send your document to get an apostille certificate will depend on where it was issued or notarized. Alberta, British Columbia, Ontario, Quebec and Saskatchewan are responsible for issuing apostilles for documents issued or notarized in their respective provinces. Global Affairs Canada will issue apostilles for documents from the remaining provinces, the territories, and the Government of Canada. The Government of Canada website has a handy table setting out "Document issued by", "Notarized in" and "Send to" to guide you in where to send your documents. It has links to the applicable Global Affairs Canada or provincial websites. The table also clarifies that if the document was issued by a foreign government that it cannot be authenticated in Canada even if it has been notarized by a Canadian notary public. The country that issued the document would need to authenticate it or obtain an apostille for it.
We checked out the links to Global Affairs Canada and Ontario Official Documents Services. Both sites have comprehensive information and set out the step by step processes on how to get an apostille certificate issued. They also have a document search box or a document authentication portal where you can search for the document you need to have authenticated to find out what you need to provide or to check if your document is eligible. Global Affairs Canada advises that they do not charge a fee for their service. The apostille fees in Ontario range from $16 for a notarized document and $32 for an Ontario government official document or an Ontario court-issued document.
Are Certified Translations Still Required?
Global Affairs Canada generally provides that if all or part of your document is written in a language other than English or French, you must send a certified translation. A certified translation is certified by a member of a recognized provincial translation association. A list of recognized provincial translation associations can be found at the Canadian Translators, Terminologists and Interpreters Council.
A certified translation is not required if there is an attestation of a translation by the Canadian notary public who speaks English or French and the language in which the document was written. The notary public must add to their declaration the following statements: They attest to speaking both languages. They certify the accuracy of the translation.
It will be interesting to see if the apostille process is faster and simpler, but hopefully things did just get easier! Thanks for reading.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
