Documents For Notarization

Sample Templates, Resources and Information for Apostille, Authentication, Legalization and Superlegalization, Documents for Notarization, Commissioned and Sealed.

Apostille Procedure Made Simple: Notarization + Authentication (Federal) (Provincial) + Legalization.

1. STATUTORY DECLARATION COMMISSIONING

2. COMMISSIONING OATHS AFFIRMING AFFIDAVITS AND IDENTITIES

3. WITNESSING SIGNATURES, IDENTITY VERIFICATION AND CONFIRMATION

4. CERTIFIED TRUE COPIES - NOTARIAL TRUE COPIES CERTIFICATION SEALS - MUST BRING THE ORIGINAL COPY AS WELL AS THE PHOTOCOPY OF THE DOCUMENT:
  • University Degrees Notarization
  • College and Highschool Diplomas Notarization
  • Passport Notarization
  • Work Permit Notarization
  • Visitor Visa Permit Notarization
  • Work Permit Notarization
  • Foreign Work Visas Teaching Applications for Teachers to teach English in South Korea, Japan, Brazil, Vietnam, China etc.
  • Student Study Permit Notarization
  • University and College Transcripts Notarization
  • Marriage/Birth/Death Certificate Notarization
  • Police Record and Criminal Background Clearance Certificate/Letters Notarization
  • Identification Notarization - PR Cards etc

If you require a sample template in relation to statutory declarations, affidavits, consent to travel for children traveling abroad, special/limited power of attorney, and visitor visa invitation letters, please email my office at vinhtranlaw@hotmail.com and I will forward you a copy of the precedent.


Estate Documents and ILA

Documents that this law office will NOT notarize:
1. Wills and Codicils drafted by lay persons or from a kit for use in Canada
2. Power of Attorney for Property drafted by lay persons or from a kit for use in Canada
3. Power of Attorney for Personal Care drafted by lay persons or from a kit for use in Canada
4. Affidavits of Execution of Wills and Powers of Attorney drafted by lay persons or from a kit for use in Canada
5. ILA Certificate - Independent Legal Advice Certificates for Mortgages, Divorce and Separation Agreements etc.
6. Legal Opinion Letter for Recognition of a Foreign Divorce Court Order/ Divorce Decrees in Ontario for Re-marriage.- Marriage Application in Ontario.

I will make certified true copies of the above documents if they were drafted by a lawyer and properly executed and notarized/commissioned. The fee will be the same as notarization as listed above.

I will notarize limited powers of attorney for use outside Canada exp. for purchasing or selling a home, taking a loan, or opening a bank account, in a foreign country like the United States or India etc. The fee will be the same as notarization as listed above.

I will also notarize do-it-yourself Divorce and Separation Agreements provided there is a clause wherein the parties acknowledging they have a right to seek independent legal advice but have instead decided to mutually agreeing to waive independent legal advice. Therefore, I will only be acting as a witness to the execution of the Divorce and Separation Agreements. The fee will be the same as notarization as listed above.

As a practising lawyer, I DO offer the above legal services and my fees will reflect the work and insurance coverage that I must consider when placing my seal on those documents. These are important documents that carry great risk of liability to my practice. The fees that I charge for notarization do not justify the risk of placing my good name and credentials on documents that have been drafted by lay persons or printed off the internet. The fees for these documents will start at $200.  

1. Power Attorney for Personal Care = $200 Tax Included
2. Power Attorney for Property = $200 Tax Included
3. Powers of Attorney - Personal Care and Property = $300 Tax Included
4. Will = $300 to $500 Tax Included*
5. Will and 2 Powers of Attorney Combo = $600 to $800 Tax Included*
6. Mirror Couple Combo - 2 Wills 4 Powers of Attorney = $800 to $1000 - Tax Included*
7. Independent Legal Advice - ILA = $300 to $600 depending on legal issue, age and educational level the client, complexity, urgency, number of pages, and distance from my office. You will be expected to allot approximately a hour of your time or longer as necessary until you fully understand an oral independent legal advice and consultation regarding the agreement you will be entering into.
8. Legal Opinion Letter re. the validity and recognition of a Foreign Divorce Court Order/ Decree in Ontario - $200 to $300 Tax Included depending on urgency and disclosure of information including: 1) Name, DOB, and Contact Information of the parties; 2) Profession of the Parties; 3) Original Court Order/ Certificate/ Decree; 4) Dates of wedding and final divorce order; 5) Verifiers Information.

* Scale Fees Depending on:
1. Completion of Self-Administered Questionnaire
2. Urgency
3. Age of the Client
4. Underage Children
5. Real Estate Properties, Extra Provincial and International Assets
6. Family Composition (Divorce, Separation, Common Law Relationship, Blended Family etc)
7. Complex Trusts and Unusual Requests
8. Distance from the Lawyer's Office
9. Access to Email Communication

In addition, all of the above services will include the following:
1. Three Personal House Call Visits to the Client
  • Intake - 30min to 90min consultation and Retainer Agreement
  • Execution - Attendance for Execution - 30min
  • Hand Over - Completed Original Estate Documents, Certified True Copies, Reporting Letters, Receipt.

2. All Original Estate Documents will be returned and given to the client in protective binder sleeves along with certified true copies, affidavits of execution, and reporting letters. 

3. Ongoing communication via email with the client or permitted representatives for review and clarification to finalize the draft. It is expected that the client or a permitted representative will have access to email so that the lawyer can send working drafts to the client for review and approval. 

4. Depending on the documents and services requested, a turn around time is between 2 to 5 days. I will be able to provide an initial draft between 2 to 7 days. But it is highly recommended that the client review and sit on the initial draft provided by my office for several days before approving the final draft. I will NOT accept cases where I am forced to complete a matter within a day. 

The Client's responsibility:
1. Provide all relevant identifications, notes from doctors or social workers (where relevant), papers including insurance, locations of assets and financial institutions, pensions, marriage and divorce certificates, adoption documents etc. 
2. Arrange for 2 witnesses who are not named or related to the any person named within the estate documents. If you require my office to arrange for the witnesses on your behalf, the fee for each witness to be paid directly to the witness will be $75.
3. Payment for services rendered at the completion of the requested services in cash, electronic, or cheque in the lawyer's name. 

Review for completion and accuracy of your Estate Documents drafted by other law firms and lawyers are FREE if you can scan and email the documents to my office. Please do not send the ORIGINAL DOCUMENTS. 

If you would like to receive a questionnaire for estate planning options, please email my office at vinhtranlaw@hotmail.com

Policies Regarding Your Identity and Your Documents:

To combat fraud, the Law Society of Upper Canada (LSUC), which governs lawyers and law firms practicing in the Province of Ontario, Canada, has amended its Bylaw 7.1 which now requires all lawyers to make  identification and verification of ALL clients; Similar regulations are now also in place in most other Canadian jurisdictions.

As a result, please NOTE the following information about yourself MUST now be obtained by my office to comply with the LSUC's identification requirements:

Individual Client:
  • Full name - VERIFICATION VIA PHOTO ID'S (non-expired photo IDs.).
  • Home address and home telephone number
  • Business address and phone number 
  • E-mail address
  • Occupation
  • Copy or photograph of the document where the seal lands.

Organization Client:
  • Organization’s full name
  • Organization’s business address and phone number
  • Organization’s incorporation or business identification number and the place of issuance, if applicable.
  • The general nature of the type of business or businesses of activity or activities engaged in by the organization (not required if the organization is a financial institution, government body or a company that is not a private company).
  • Name, position and contact information of all individuals authorized to provide instructions on behalf of the organization.
  • Copy or photograph of the document where the seal lands.

ACCEPTABLE IDENTIFICATIONS: MUST BE VALID AND NON EXPIRED
  • Passport - Canadian or Foreign bearing the full legal name
  • Driver's Licence
  • Canadian Citizenship Card
  • Permanent Resident Card
  • Indian Status Card
  • Ontario Photo Card
  • Canadian Federal Firearms Licence
  • Nexus Card
  • Canadian National Institute for the Blind Identification Card CNIB
  • Canadian Armed Forces/ Military Identification Card
  • Foreign National Identification Card issued by a Government Agency
  • Articles of Incorporation

At least two (2) of the following as secondary identifications if you do not have any of the above listed identifications:
  • Canadian Social Insurance Number (SIN) or Social Security Card
  • Provincial Health Card Card exp. OHIP
  • Birth Certificate - short or long form
  • Marriage Certificate - Canadian or Foreign
  • Old Age Security Card
  • Credit Card or Telephone Bill/Gas Bill etc. bearing your full name exactly as the other secondary identification.
  • Professional Licence Board and Membership Cards (Law, Medicine, Dentistry, Engineer, Law Enforcement, Paramedics).
  • School Transcripts and Current Student Card
  • Temporary Resident Permit and Record of Landing
  • Liquor Control Board Age of Majority BYID Card

IF YOU ARE UNWILLING TO COMPLY WITH THE CONTACT GUIDELINES OR TO PROVIDE my office with the above mentioned information. PLEASE DO NOT CONTACT MY OFFICE FOR NOTARIAL SERVICES.

For your protection, I am Vinh T. Tran, you can verify my name, pictures, and credentials. I am a sole practitioner, lawyer, notary public and commissioner of oaths. I do not employ anyone who can access your private information. I also do not work for any persons or companies who can dictate the use of your private information. I have given lectures to lawyers and companies on various subjects including creating public trust and how to protect private information from external contractors and agencies, and especially from internal employees. I am NOT associated with, affiliated with, or related to, any other law firm, organization, corporation, association or notaries public directory services.

PLEASE NOTE: THIS IS A LAW OFFICE PROVIDING LEGAL DOCUMENTS NOTARIZATION AND COMMISSIONING SERVICES. IT IS NOT A NOTARY PUBLIC DIRECTORY WEBSITE. FURTHER, I DO NOT USE RED SEAL NOTARY STAMPS. MY PREFERRED CHOICE IS THE GOLD SEAL FOIL STAMP. THE GOLD NOTARY STAMP IS THE MOST USED AND ACCEPTABLE GOLDEN STANDARD FOR COURTS, GOVERNMENT AGENCIES, FINANCIAL INSTITUTIONS, LAW OFFICES AND SCHOOLS ACROSS THE COUNTRY AND AROUND THE WORLD.
Notarization & Authentication, Legalization, Apostille 101

Children and Notarized Letter of Consent to Travel

Many countries around the world, including Canada, require that proper documents are presented to  Customs Authorities before they will allow exiting from/ entry into their countries with minor children. Foreign Customs and Immigration Officials are trained to look for missing children and they have the legal right to ask questions about any children travelling with an adult, even if that adult is the children's own biological parent. Furthermore, it does not matter that the children and the adult travelling with them are Canadian Citizens, Canadian Customs and Immigration Officials may still seek to ask questions before allowing such persons re-entry into Canada. Therefore, when travelling with children, it is prudent and prepare to present various documents to Customs and Immigration Officials, both domestically and internationally. These documents may include, but not limited to:
  1. Birth certificates showing the names of both parents;
  2. Death certificate, if one of the parents is deceased.
  3. Legal Documents pertaining to custody order granted by a family court judge;
  4. Citizenship and/or other relevant ID's as required by the country you want to enter with the children;
  5. Valid Passports; and
  6. Notarized Letter of Parental Consent for the children to travel.

As recommended by the Department of Foreign Affairs and International Trade Canada, in order to ensure that the Parental Consent Letter will not be questioned by Customs Authorities, the letter should be certified/notarized and sealed with a notary public stamp by a person who has the authority to administer oaths and solemn declarations. Vinh T. Tran is a PRACTISING LAWYER, a notary public, and a commissioner of oaths, in and for the Province of Ontario, can assist in swearing the consenting parent under oath, witnessing the signing of the consent letter and notarizing the consent letter to allow your children to travel.
  1. If your child is travelling with one parent, the other parent (the parent NOT travelling must give consent) MUST be present before Vinh T. Tran to be sworn under oath, to witness the signing of the consent letter, and finally sign, date and sealing the letter with a notary public seal stamp in order to give permission for the child to travel with his/her spouse or the parent who is travelling with the child;
  2. If your child is travelling alone, then BOTH parents MUST be present before Vinh T. Tran to be sworn under oath, sign and date the letter in order to give permission for the child to travel alone.
  3. If your child is travelling with neither parents, i.e. with a relative exp. Grandparent/ Older sibling/ Aunt/ Uncle etc., then BOTH parents MUST be present before Vinh T. Tran, to be sworn under oath, sign and date the letter in order to give permission for the child to travel with an accompanying adult/ relative.
  4. If you are in a blended family, all parents may need to be present with proper photo ID's before Vinh T Tran, to be sworn under oaths, sign and date the letter in order to give permission for the child/children to travel out of the country.
Although there is a sample consent letter for children travelling abroad on the government website, it is not the formal and official letter that must be used. As every situation is unique, there is no formal template for which you can download. As such, you may draft your own letter to fit the dynamic of your family exp. blending family, multiple children, restrictions due to court order or by agreement etc, as long as you include the relevant information, including but not limited to:
  • Parents' full legal names and profession, contact information and support identification number (DL or passport #).
  • Child or list the names of all the children, including DOB and passport numbers and citizenship.
  • Information about the adult travelling with the minor, including full legal name, relationship, profession, citizenship and contact information.
  • Information about the location(s) and duration you permit the consent letter to take effect.
  • The name and contact information of the lawyer/notary public who will seal the letter.

It is equally important to confirm the travel advisories as well as the embassy to see whether there are any other requirement needed to be fulfilled before you can embark on your vacation. For example, in the near future, travelling to Mexico will require numerous documentation procedures including translation of the consent letter into Spanish, notarization of the consent letter, authentication of the notary public who notarized the letter then get it legalized at the embassy offices. For more information, please contact the:

CONSULATE GENERAL OF MEXICO IN TORONTO
Coverage: Ontario and Manitoba Address:
11 King Street West, Suite 350
Toronto, Ontario, M5H 4C7
Telephone: (416) 368-2875

If you require a sample template of the consent letter for children to travel abroad from my office, please email vinhtranlaw@hotmail.com and request for a free template.

True Copies - Identification - Notarization - Certifications - Certified True Copy of the Original Document - Certification, Validation, Verification.

In Ontario, only a notary public can certify and validate a photocopy of the original document as “certified true copy of the original document.”

The notary public is legally obligated to inspect/examine the photocopy and the original document and comparing the two documents to ensure that the photocopy is exactly the same as the original document.

When the notary public is satisfied that the two documents are identical, by the authority under the Notaries Act, R.S.O. 1990, he/she will insert a certifying statement on the document or through a cover letter certificate certifying and validating the photocopy document as the “true and accurate copy of the original document” as examined on a specified date. A signature of the notary public and his/her original notary public seal notary stamp will be signed and imprinted on the document to finalize the process.

Notarial True and Accurate Copies Certifications (MUST bring the ORIGINAL DOCUMENT AND PHOTOCOPY to be notarized and certified as true copy).

Foreign Document and Translation Requirement:

My office and legal authority permit me to notarize any and all documents to be used locally, national and international jurisdictions. Where a document is to be used in Canada but it is in a foreign language, it must first be translated into English or French. If the document is to be used outside of Canada, I am allowed to commission and notarize it but there may be additional steps that you must complete before such a document can be accepted and recognized as a legal document in such jurisdiction. These steps may include Notarization, Authentication, Legalization, and Superlegalization (Apostille).

Free Information Re: Notarization, Authentication, Legalization and Apostille of Documents. What is it? What's the procedure? DIY - How To:

Apostille of a document is to certify the document with a special Apostille stamp or by way of issuing a certificate so that the document could be used or be recognized in foreign countries. The Apostille procedure is meant to eliminate the chain of cumbersome and costly process of:
  • notarization (by a notary public);
  • authentication (by the government agency that holds records of registered notaries public); and 
  • legalization (by the foreign consulate or embassy where the document is to be used)

Many countries around the world wanted to eliminate the above required procedures to a single formality called Apostille. Hence, they agreed to be signatories to a treaty called the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents, it is also known as the Apostille Convention. Unfortunately, Canada decided not to sign the said treaty. As a result, in order for public documents in Canada to be recognized in foreign jurisdictions, the traditional certification procedures mentioned above must be employed. 

More information about the Apostille Convention can be found through the following links: Wiki and Hague Conference on Private International Law

Many lawyers, notaries public, commissioners of oaths, and various agencies will often charge you a fee to have the notarized documents authenticated and legalized. However, both the authentication and legalization processes are not as complicated as these individuals would like to have you believe. In fact, you can do it all on your own and save yourself a lot of money. Why pay someone ridiculous sum of money to mail your documents on your behalf? They cannot expedite the processing of your documents any faster than you personally attending at the governmental offices and embassies yourself.

The most important step is to verify the credential of the person who claims to be a lawyer, notary public, and commissioner of oaths. One of the easiest ways to verify the credential of these professionals is through the Law Society of Upper Canada's Lawyer Directory. Unless you are able to confidently confirm the person's name, contact information, and credential as found on the directory, do not use such services for notarization. In short, any delays or impediments to the processing time of your documents are usually due to the fact that the government agencies and embassies cannot quickly and easily verify the legal authority of the lawyer/notary public.

The second step is notarization. You will need to find a qualified and verifiable lawyer, notary public, and commissioner of oaths to notarize your documents.

The third step is authentication, the process of verifying the legal authority and registration of the lawyer/notary public/ commissioner of oaths, who officiated, notarized, and/or commissioned your documents to ensure that the person is not a fraudster and the documents he/she notarized is not rendered invalid. To authenticate, you will need to consult with the receiving embassy or consulate whether they wanted your documents to be authenticated federally or provincially. You will be required to submit your notarized documents (including the name and contact information of the notary public), your identifications and a fee to have your documents authenticated by one of the following Canadian Government Authorities:

a) Federally, through the office of the Foreign Affairs and International Trade Canada. Additional information can be found on that link in respect to authenticating your documents federally.

b) Provincially, through the office of the Ontario Ministry of Government Services, the Official Documents Services Branch. Additional information can be found on that link in respect to authenticating your documents provincially:
           
Official Documents Services
Jarvis Street and Dundas Street in downtown Toronto:
222 Jarvis Street, Main Floor, Toronto, M7A 0B6
The entrance for Official Documents Services is located on the north side of the building           
Telephone: (416) 325-8416
Facsimile: (416) 325-8434
Email: official.documents@mgs.gov.on.ca

Once the Canadian Government Authority is satisfied that the signature and seal of the notary public on the document is not fraudulent, they will issue a certificate or another seal to confirm the authenticity of the document and the notary public's registration and credential.

The final step is legalization, or sometimes called superlegalization, which is done through the receiving embassy or foreign consulate located in Canada. Most consular offices will require that you contact them to make an appointment in advance. You will be required to submit your Canadian government authenticated documents, your identifications and a fee, to the receiving embassy who will place yet another seal or stamp and legalize your documents to be used and recognized in its country.
Vinh T. Tran, Google+

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