Using a BC Document Abroad? How the Apostille Works Now That Canada Has Joined the Hague Convention

If you have ever had to send a Canadian document to another country, you may remember the old routine: have it notarized, send it to be authenticated, then take it to the destination country's consulate to be legalized. Each step had its own queue, fee and courier.

On January 11, 2024, Canada joined the Hague Apostille Convention, and for most destinations that three-step process became one certificate. This article explains what an apostille is, who issues it for British Columbia documents, why a notarization usually has to come first, and the practical points that still catch people out.

What changed in January 2024

An apostille is a standard certificate, recognised by every country that is party to the Hague Apostille Convention, confirming that the signature, seal or stamp on a public document is genuine. Once a document carries an apostille, a Convention country is expected to accept it without any further legalization by its own consulate.

Canada's accession took effect on January 11, 2024. Before that date, a BC document headed overseas received a certificate of authentication and then had to be legalized at the destination country's embassy or consulate. Since then, documents headed to Convention countries receive an apostille instead, and the consular step falls away. For countries that are not party to the Convention, the old two-step route of authentication followed by consular legalization still applies, so the first question is always where the document is going.

Who issues apostilles for BC documents

Canada did not create a single national apostille office. Global Affairs Canada issues apostilles for documents issued by the federal government and for documents from provinces and territories that have not set up their own authority. British Columbia, along with Alberta, Ontario, Quebec and Saskatchewan, handles its own.

In BC, apostilles are issued by the Province's Authentication Program within the Order in Council Administration Office, for BC public documents and for certain documents that have been notarized in BC. Eligible documents include notarized documents, vital statistics certificates such as birth and marriage certificates, court documents and records from BC educational institutions. At the time of writing the Province charges $20 per document and quotes a processing time of two to four weeks, not including mail; both can change, so check the current figures before you plan around them.

Why notarization usually comes first

An apostille certifies the official who signed or sealed the document; it says nothing about the document's contents. A birth certificate issued by Vital Statistics already carries an official signature, so it can go straight to the authentication office. A privately prepared document cannot: a power of attorney, an affidavit, a consent letter, a copy of a passport or diploma, or a company's corporate records has no official signature on it until a BC notary public or lawyer notarizes it.

That notarization is what the apostille then certifies. It follows that the notarization has to be done properly, by a BC lawyer or notary whose signature the authentication office can verify, in the form the office requires. A document notarized casually, or by someone whose status cannot be confirmed, is returned, and the clock starts again.

The documents we see most often

• Powers of attorney authorising a relative or agent to deal with property, a bank account or an inheritance in another country.
• Statutory declarations and affidavits required by foreign courts, registries or immigration authorities.
• Notarized copies of passports, degrees and transcripts for employment, study or residency abroad.
• Consent letters for a child travelling with one parent or with another adult.
• Corporate documents for a BC company opening a subsidiary, a bank account or a tender bid overseas.

Practical points that still catch people out

• Confirm the destination's rules first. Whether the country is a Convention party, whether it wants an original or a notarized copy, whether a translation is needed and who may certify it, and whether the document must have been issued within a recent window. The receiving authority decides what it will accept, not the sender.
• Allow real time. Notarization can be done quickly; the apostille cannot. Add courier time in both directions and any translation, and a document that is needed overseas in a fortnight is already late.
• Sign in front of the notary, with identification. A document signed at home and brought in afterwards cannot be notarized as having been signed in the notary's presence, and many foreign authorities require exactly that.
• Get the content right before it is certified. An apostille on a power of attorney that does not give the agent the powers the foreign registry requires is an expensive piece of paper. Where the document has legal effect abroad, having a lawyer check the wording against what the receiving country expects is time well spent.

Need a document notarized for use outside Canada?

Our notarization services cover affidavits, statutory declarations, certified copies, powers of attorney and corporate documents for use abroad, and because we are lawyers we can also review what the document says before it is certified. We can explain the apostille or authentication route for your destination and what to send where.

Call 604-259-2844 or send us a message to book an appointment at our Vancouver office.