For residents of the Fraser Valley, navigating legal paperwork can often feel overwhelming. Whether you’re handling a personal matter, managing a business transaction, or preparing to travel internationally, knowing which documents require notarization can save you time, money, and unnecessary stress.
In this guide, we’ll walk you through the most common types of documents that require notarization in BC, why the process is legally vital, and how notarization supports legal clarity and protection.
Why Do Some Documents Need to Be Notarized?
At its core, notarization is about trust and verification. When a Notary Public signs and seals a document, they are verifying two critical things: the identity of the signer and, in many cases, that the signer understands what they are signing. This creates an official record that courts, banks, and government agencies can rely on. Without this step, important documents—such as a power of attorney or a property transfer—could be easily challenged or deemed invalid.
The notarization process is designed to safeguard against fraud and misrepresentation. It ensures that the signer is not acting under duress, is of sound mind, and is entering into a legal agreement willingly. The notary’s impartial role adds a level of accountability that is recognized across legal, financial, and administrative systems.
Did You Know?
A “Commissioner for Taking Affidavits” is not the same as a “Notary Public.” While Commissioners can witness simple declarations for use within BC, only a Notary Public can notarize documents for international use or handle complex matters like real estate conveyancing.
The Most Common Documents That Require Notarization
While many types of paperwork can be notarized, some documents are particularly common due to their legal implications and the need for official verification. The following categories represent documents that frequently require notarization in British Columbia.
Affidavits and Statutory Declarations
These are formal, written statements confirmed by oath or affirmation. An affidavit is typically used in court settings to present facts under oath. For example, someone involved in a family law dispute may use an affidavit to present financial information or personal accounts. Affidavits are also common in small claims court and other legal proceedings where testimony needs to be documented in writing.
A statutory declaration serves a similar function but is generally used outside of court, such as to affirm a legal name change, confirm the loss of a passport, or declare a common-law relationship. The notary’s role in both cases is to ensure that the person understands the seriousness of the statement and signs the document voluntarily and truthfully.
Certified True Copies
When dealing with international applications, credential assessments, or legal verifications, you may be asked to submit a “certified true copy” of an important document. This process involves a notary comparing the original document to the copy and certifying that the copy is an accurate and unaltered reproduction.
Common examples include:
- Passports and visas for immigration
- Academic transcripts or degrees for foreign universities
- Government-issued ID for licensing purposes
These certified copies are often required when sending originals is impractical or risky. Certification adds credibility and authenticity when the recipient needs to trust that the copy accurately reflects the original’s content.
Travel Tip
If your minor child (under 18) is travelling internationally with only one parent, or with grandparents/friends, border officials often require a Notarized Travel Consent Letter. Without it, you risk being denied entry or delayed at the border. This letter helps demonstrate that the child has permission to travel and that all guardians are informed and in agreement.
Real Estate and Property Transfers
Property transactions are significant legal and financial events. In British Columbia, land title offices and financial institutions often require documents to be notarized to ensure that the person signing is indeed the rightful party and that they fully understand the implications of the transaction.
These documents may include:
- Transfers of property ownership (title transfers)
- Mortgage agreements or refinancing documents
- Purchaser or seller statutory declarations
Notarization ensures that the parties involved are entering into the agreement freely, without pressure or coercion. It also helps prevent real estate fraud, which can have lasting financial and legal consequences for both buyers and sellers.
Wills and Estate Planning Documents
In British Columbia, notaries are authorized to prepare and witness a range of estate planning documents, including Wills, Powers of Attorney, and Representation Agreements. These documents are crucial for outlining how your assets should be managed or distributed and who should act on your behalf if you become unable to make decisions.
Notarizing these documents is not only about fulfilling legal requirements but also about ensuring that your wishes are clear, legally valid, and less likely to be disputed by others in the future. For example:
- A Will ensures your estate is distributed according to your instructions.
- A Power of Attorney allows a trusted person to make legal or financial decisions on your behalf.
- A Representation Agreement deals with personal and healthcare decisions.
These documents gain credibility and enforceability when witnessed and sealed by a notary.
International Documents & Invitations
Certain documents intended for use outside Canada may require notarization. This includes:
- Letters of Invitation for family or friends applying for a visitor visa to Canada, often required by Immigration, Refugees and Citizenship Canada (IRCC).
- Commercial or business documents such as articles of incorporation, board resolutions, or letters of authorization needed for overseas business dealings.
When documents are used internationally, notarization may be followed by authentication or legalization, depending on the destination country’s requirements. This further validates the document’s legitimacy.
What Doesn't Need Notarization?
Not all documents require a notary’s signature. Many day-to-day agreements can be executed privately without notarization, especially when there is little risk or when both parties already have a high degree of trust.
Examples include:
- Basic contracts between friends or family (e.g., a loan agreement with no formal enforcement plan)
- Informal service agreements for small jobs
- Internal memos or communications within a business
However, in cases where legal disputes may arise later, notarization adds a layer of protection by verifying the signer’s identity and the execution date. Even when not strictly required, notarization can provide peace of mind and help prevent future disagreements.
Digital Shift
B.C. has made strides in allowing electronic Wills and remote witnessing for certain documents. However, many notarization tasks, especially those involving physical documents like certified true copies or real estate forms, still require in-person appointments. This ensures the notary can inspect original materials and verify that they are authentic and complete.
How the Notarization Process Works in Practice
Understanding how the process unfolds can help ease any uncertainty. Typically, when you need a document notarized, you’ll be asked to:
- Bring the unsigned document and valid, government-issued photo ID.
- Sign the document in the presence of the notary.
- Confirm that you understand the contents and are signing voluntarily.
- Allow the notary to apply their signature, stamp, and seal, making the document officially notarized.
Some documents may require you to swear an oath or affirm the truth of the contents before signing. In every case, the notary serves as an impartial witness to the act.
Summary
Notarization plays a critical role in ensuring that legal documents are trustworthy, properly executed, and legally enforceable. Whether you’re involved in a legal matter, handling property, preparing for international travel, or planning your estate, knowing when notarization is required—and why—can help you avoid costly errors or delays.
By understanding which documents require notarization and how the process works, individuals can better navigate legal obligations and protect their rights.
FAQs
Do I need to bring ID to my appointment?
Yes. You must bring valid, government-issued photo identification (such as a driver’s licence or passport). This is a legal requirement to verify your identity before any notarization takes place.
Can I get documents notarized online?
It depends on the document. While BC has allowed remote witnessing for certain estate planning documents, most notarizations—especially those involving certified copies or real estate—require in-person appointments to verify physical documents.
How much does it cost?
Fees for notarization vary depending on the type of document, the number of pages, and the complexity of the task. While the province provides guidance, individual offices may set their own rates within those boundaries.
Is a commissioner the same as a notary?
No. A commissioner for taking affidavits can witness certain declarations made within BC but cannot notarize documents for international use or handle real estate and estate planning matters. A notary public has broader legal authority.
How long does the appointment take?
Most appointments are brief, typically lasting 15 to 30 minutes. The time depends on the number of documents, the need for legal explanation, and whether additional services (like copies or declarations) are required.
