Notary Services in BC: What a Lawyer-Notary Can Sign, Certify and Witness

Banks, foreign governments, courts and employers often ask for a document to be notarized, certified or sworn, usually without explaining what that involves. In BC, several kinds of professionals can help, and their powers are not identical.

This guide explains who can act as a notary public in BC, the common services, what notarization does and does not do, and how to prepare so one appointment is enough.

Who can act as a notary public in BC

In British Columbia, "notary public" covers more than one kind of professional, and the differences affect what each can do for you.

• Practising lawyers. Under section 14(3) of the Legal Profession Act, every practising lawyer in BC may use the title "Notary Public in and for the Province of British Columbia" and has all the powers, rights, duties and privileges of a notary public.
• BC notaries. Members of the Society of Notaries Public of British Columbia are notaries under the Notaries Act. Section 18 of that Act lists what they may do, including preparing documents for registration such as real estate transfers, preparing certain straightforward wills, preparing powers of attorney, representation agreements and advance directives, drawing affidavits and administering oaths.
• Limited appointments. The Notaries Act also allows the Province to appoint certain people, such as some government employees, as notaries with narrower powers: administering oaths, taking affidavits, declarations and acknowledgements, and attesting documents under seal.

A lawyer acting as a notary can do everything a notary public does, and can also give legal advice on the document if it raises a question, for example about a will, a property transfer or a dispute. That matters when you are not sure the document you have been asked to sign is the right one.

Commissioners for taking affidavits

You may also hear the term "commissioner for taking affidavits". Under section 60 of BC's Evidence Act, practising lawyers and notaries public are commissioners because of their office, along with others such as judges, court registrars and government agents. A commissioner can administer oaths and take affidavits, declarations and affirmations, for example for a BC court proceeding or a form that BC law requires to be sworn.

For a document going outside BC, the receiving organization often asks for a notary public specifically, with a seal and a notarial certificate. Check the instructions before you book.

What a notary can sign, certify and witness

Most notary requests fall into a handful of categories:

• Witnessing or notarizing a signature. You sign in front of the notary, who confirms your identity and completes a certificate stating that you signed. This is common for documents going to banks, foreign governments and overseas buyers or sellers.
• Certified true copies. The notary compares a copy with the original and certifies that it is a true copy. Our guide to certified true copies in BC explains when these are needed.
• Affidavits and statutory declarations. You swear or affirm (affidavit) or solemnly declare (statutory declaration) that the contents are true, and the notary administers the oath or declaration. Courts, insurers and government offices often ask for these.
• Consent and authorization letters. A common example is a parent's consent for a child travelling without them. See our article on child travel consent letters.
• Documents for use abroad. Many countries want a notarized document to be authenticated, or given an apostille, before they will accept it. Our guide to apostilles for BC documents covers that next step.

What notarizing a document does not do

Notarization confirms who signed, that they signed in front of the notary, and, for an affidavit or declaration, that they swore or declared the contents to be true. It does not:

• verify that the contents are accurate (the person signing is responsible for that);
• make a document legally valid if it is not valid on its own terms; or
• turn a document into the one the receiving organization wants if it is the wrong form.

A notary may also decline to proceed if they cannot confirm a signer's identity, or if the signer does not appear to understand the document or to be signing freely.

How to prepare for your appointment

A short checklist saves a second trip:

• Bring the document unsigned. The notary needs to see you sign.
• Bring valid government-issued photo identification for each person signing, with names that match the document.
• Bring originals if you need certified copies.
• Bring the receiving organization's instructions, including any wording, form or seal it requires, and whether an apostille or authentication will follow.
• Make sure everyone who must sign can attend, or ask in advance how separate signings will work.
• Arrange an independent interpreter if you need one and the document is not in a language you read.

If the document is a will, a power of attorney, a real estate transfer, or anything you are unsure about, say so when you book. Those documents usually call for legal advice, not just a signature.

Asked to get a document notarized? Check what is needed, then book

Our notary services can witness and notarize signatures, certify copies, and take affidavits and statutory declarations, and our lawyers can advise you if the document raises a legal question.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.