New Rules on Apostille

As of January 11, 2024, Canada has officially joined the Hague Apostille Convention, a move that brings significant benefits for document authentication.

This international agreement is designed to streamline and expedite the process of using public documents from one country to another. If you’re planning to travel to a country that is also a signatory of the Hague Convention, your authenticated documents may not require further legalization at consulates or embassies. However, checking with the relevant authorities in your destination country is always advisable to confirm their specific document requirements.

Prior to the changes brought about by the Hague Apostille Convention, document authentication in Ontario involved notarization by an Ontario Notary Public, followed by submission to Official Document Services (ODS). ODS would then verify the notarization’s validity by cross-checking the notary public’s signatures and seals with their records. Once the signatures and seals were confirmed to match, ODS would authenticate the documents by providing certificates of authentication or apostilles.

The Hague Apostille Convention has introduced changes to document authentication services in Ontario, particularly for documents in languages other than English or French. In such cases, the documents must be notarized by an Ontario notary public and accompanied by a translation when presented to ODS. There are two options for this:

Option 1: Have a translation prepared and certified by a Certified Canadian Translator member of a recognized Canadian translation association in Canada.

Option 2: Have the translation attested by an Ontario notary public who is fluent in the language of the document. The notary public will need to include a statement in their declaration confirming that they speak English or French, as well as the language of the document. They also need to certify the accuracy of the translation.

Additionally, certain public documents are now eligible for direct authentication without notarization beforehand. This includes Ontario public post-secondary diplomas, degrees, transcripts issued since January 2019, and court-issued documents from the Superior Court of Justice or the Ontario Court of Justice issued since July 10, 2023.

Authenticated documents destined for Hague signatory countries may no longer require legalization. This simplifies the process and makes it easier for your documents to be recognized and accepted in those countries.

If your authenticated documents are going to Hague signatory countries, you no longer need to get them legalized at consulates or embassies. However, checking the document requirements with your consulate, embassy, or recipient in the destination country is still important. Remember that documents issued outside of Canada cannot be authenticated and must be authenticated by the jurisdiction where they were issued. If your documents are going to Hague signatory countries, they will receive apostille certificates at ODS.

The lawyers at Malicki Sanchez would be happy to assist you.

by Alfredo Figueroa