Apostille Law in Canada. How federal and provincial authorities operate.

Apostille Law in Canada: How Federal and Provincial Authorities Operate

Canada officially joined the Hague Apostille Convention on January 11, 2024, implementing the international law for authenticating Canadian documents intended for use in foreign countries. Before this law took effect in Canada, Canadian documents had to be authenticated by a Canadian government authority and then legalized by the destination country’s embassy or consulate in Ottawa. This long, cumbersome process sometimes took a few weeks to complete. Under the new Apostille law, a single Apostille certificate now suffices, and you no longer need embassy or consulate legalization.

In Canada, both the federal government and provincial governments can issue Apostille certificates. However, their responsibilities depend on the document’s origin, type, and circumstances.

What Is the Hague Apostille Convention?

The Hague Apostille Convention is a multilateral treaty signed in October 1961. It simplifies the international recognition of public documents by replacing lengthy diplomatic or consular legalization procedures with a single Apostille certificate.

An apostille certificate is required when individuals and companies deal with matters outside Canada. For example, a Canadian marriage certificate submitted for a citizenship application in Panama may require an Apostille. Similarly, a Canadian university degree submitted to an overseas university or a notarized Power of Attorney intended for a foreign property transaction may require Apostille certification. The receiving organization ultimately determines which documents it will accept

An Apostille certifies three important elements of a document:

The authenticity of the signature appearing on the document.
The official capacity in which the person signing the document acted.
The identity of the seal or stamp appearing on the document, where applicable.

Who Has the Legal Authority to Issue Apostille in Canada?

Under Article 6 of the Apostille Convention, each member country nominates one or more Competent Authorities to issue Apostille certificates. Canada has designated six authorities in this regard, one federal authority and five provincial authorities.

The federal authority is Global Affairs Canada, and the provincial authorities are located in Ontario, Alberta, British Columbia, Saskatchewan, and Quebec.

The provinces of Nova Scotia, Manitoba, New Brunswick, Newfoundland and Labrador, Prince Edward Island, and the three territories do not have their own dedicated authorities. Documents falling within the jurisdiction of these provinces and territories are generally processed through Global Affairs Canada in Ottawa.

Global Affairs Canada: Federal Apostille Authority

Global Affairs Canada (GAC), located in Ottawa, is Canada’s federal authority responsible for issuing Apostille certificates. It generally issues Apostille certificates for documents originating from federal departments, agencies, and institutions. A common example is an original RCMP criminal record check. It also issues Apostille certificates for documents issued or notarized in provinces and territories without their own Apostille authority, i.e., Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, Yukon, Northwest Territories, and Nunavut.

Please note: a federal Apostille is not automatically required for every document that will be used outside Canada. The document’s origin and the relevant official signature determine which authority can Apostille it.

Important: Some documents can be Apostilled by both Global Affairs Canada and a provincial government. For example, an original RCMP Criminal Record Check can be Apostilled at the federal or provincial level. Because the certificate is issued by a federal agency, the applicant can submit the eligible original certificate to Global Affairs Canada. The resulting Apostille authenticates the relevant federal signature. However, if the receiving organization accepts an Apostille on an Ontario-notarized copy, a different route through Ontario Official Documents Services may be possible. In that case, the Apostille authenticates the Ontario Notary Public’s signature rather than the RCMP official’s signature.

These are not necessarily interchangeable. The applicant should confirm with the relevant authority in the receiving country as to which form of Apostille certification the foreign authority will accept. From our experience of serving hundreds of clients, most of the countries will accept a provincially notarized and Apostilled RCMP Criminal Record Check.

Provincial Apostille Offices in Canada

Five Canadian provinces have their own Apostille offices, and they issue Apostilles for eligible documents within their jurisdiction. Provincial authorities typically authenticate the signatures and seals of recognized provincial officials, Notaries Public, and other authorized signatories. The standard rule is that the province where a document was issued or notarized will Apostille the document.

1. Ontario – Official Documents Services (ODS)

In Ontario, the designated Apostille Office is the provincial ministry responsible for Official Documents Services (ODS). ODS issues Apostille certificates for eligible Ontario public documents and documents notarized by a licensed Ontario Notary Public.

Examples include Ontario birth certificates, marriage certificates, death certificates, educational diplomas & transcripts, notarized Powers of Attorney, affidavits, statutory declarations, and business documents.

Some original Ontario government documents can be Apostilled directly without notarization. Other documents, particularly privately prepared documents such as a power of attorney, must be notarized before submission for Apostille processing.

2. Alberta – Ministry of Justice

The Government of Alberta issues Apostille certificates for eligible Alberta public documents, including provincial vital statistics records, educational documents, notarized documents, and certain corporate records.

3. British Columbia – Ministry of Attorney General

In British Columbia, Apostille services are administered through the BC Authentication Program, operated by the Order in Council Administration Office.

The program handles eligible BC public documents, including certain documents notarized by British Columbia lawyers or Notaries Public.

4. Saskatchewan – Ministry of Justice and Attorney General

In Saskatchewan, the Authentication Services office processes eligible documents under the provincial authentication system, including qualifying notarized documents. Applicants should verify whether their documents require an original official signature, notarization, or other supporting documents before submission.

5. Quebec – Ministère de la Justice

In Quebec, the Minister of Justice issues apostille certificates. The province handles eligible Quebec public documents and documents executed or certified by recognized officials, including a Notary Public, according to provincial requirements.

Does Every Document Need to Be Notarized Before Apostille?

Not necessarily. Notarization is not an automatic requirement. Certain original government-issued documents, such as a birth certificate or marriage certificate, can be Apostilled directly because the Apostille authority already has access to the relevant official signature or seal.

However, privately prepared documents, such as a power of attorney, and documents whose signatures cannot be authenticated directly may require notarization.

When an Ontario Notary Public notarizes a document, the provincial Apostille office can verify the Notary Public’s signature and seal and issue an Apostille based on that notarial act.

Please note: a document commissioned only by a Commissioner for Taking Affidavits is not necessarily eligible for Apostille processing. For example, the Ontario Apostille Office specifically excludes documents commissioned solely in that capacity.

Can a Document be Notarized and Apostilled in Ontario if it is Issued in Another Province?

Yes. In most cases, an Ontario Notary Public can notarize a photocopy of a document issued in another Canadian province.

For example, a person living in Mississauga, Ontario, may possess a university degree issued in Manitoba. If the destination country accepts an Apostille on an Ontario-notarized photocopy, the document may qualify for processing through the Ontario Apostille Office.

However, the Ontario Apostille would only authenticate the Ontario Notary Public’s signature and seal, not necessarily the original Manitoba university official’s signature.

This distinction is important. Applicants should confirm whether the authority in the foreign country requires authentication of the original issuing authority or will accept an Apostille on a notarized copy.

What If the Destination Country Is Not a Member of the Hague Apostille Convention?

The Apostille Convention simplifies document authentication between member countries. However, not every country is a party to the Convention.

For non-member countries, Canadian documents may still require a separate authentication and embassy legalization process.

The process generally involves obtaining the appropriate authentication certificate from Global Affairs Canada or a provincial authority, then having it legalized at the embassy or consulate of the receiving country.

For example, documents intended for use in the United Arab Emirates, Qatar, Kuwait, Egypt, or other non-member countries may require the embassy process, depending on the destination country’s current rules.

How Our Office Can Assist You with Apostille Services

At Notary Place, we assist individuals, families, students, and businesses with preparing Canadian documents for international use.

Our services include document review, notarization, certified true copies, affidavit preparation, certified translations, Apostille processing, authentication, embassy legalization, and international courier arrangements.

For eligible Ontario documents, our standard Apostille service generally takes approximately 2 business days, excluding shipping. Same-day and next-day processing may be available on a case-by-case basis.

For documents requiring Apostille by Global Affairs Canada, processing times and procedures vary. We can help determine the appropriate route before your documents are submitted.

Whether you are applying for foreign citizenship, studying abroad, getting married overseas, purchasing or selling property internationally, or expanding your business into another country, our experienced team can assist with the document Apostille process.

We recommend contacting us before sending or bringing your documents to us, so we can review the requirements and advise you on the appropriate procedure.

We can be reached 7 days a week.

📞 Phone: +1 (416) 731-9023
💬 WhatsApp: +1 (289) 981-1236
📧 Email: office@notaryplace.ca

Notary Place
2550 Argentia Road,
Ground Floor – Office 116,
Mississauga, Ontario L5N 5R1.
Canada