A notary public is an individual appointment by the Attorney General of the province they practice in to provide certain services prescribed by statute. For example, in Ontario, a notary public is only permitted to do 3 things: (1) Witness signatures on documents, (2) Certify true copies of original documents, and (3) Administer oaths or declarations (act as a commissioner of oaths). Whereas in British Columbia, notaries put together the paperwork on real estate deals. In Quebec, notary publics can draft wills and power of attorneys. This process may seem simple, how hard could witnessing documents be? In some cases, quite difficult and risky.
Take for example a situation where you as a notary are witnessing signatures on property transfer documents overseas. The third party who will be receiving those documents is relying upon you, the notary, to have in place fraud detection and person identification techniques to ensure the signer is who they say they are. The third party will be effecting a property sale and these documents are open for fraud and abuse. If you do not properly identify the signer, you can expect that third party (lawyer, notary, or otherwise) to come knocking on your door with a lawsuit or criminal charge.
However, with the institution of industry standard practices and procedures you can limit your exposure and help protect your clients against fraud, deception, and abuse. The notary training course for the available provinces have been painstakingly crafted to permit you to start notarizing documents the right way, from the start.
Are Notaries really necessary in this day and age?
Yes, the notary profession has been around since ancient Rome for one reason; we are independent third parties entrusted by statute to perform certain public functions. Whether we have actually seen the original document we are certifying as a true copy, or confirming a certain person signed a document, our notary seals mean something and are trusted the world over. The role notaries play cannot easily be reproduced in other professions. Doctors are not trained on how to properly identify a person and spot signs of undue influence in contract signing, they often have other things to do (like saving people's lives!). A notary fills the gap between what functions the government provides as a service and those of a lawyer.
How old is the Notary profession?
There is a full section on the history of the notary profession in Canada in each of the online courses (all provinces have this section). However, in brief, there have always been notaries (or notary-like professions). In ancient Egypt, scribes would record official events and keep court records, not unlike the records modern notaries keep. Ancient Rome has Notarii and Tabelliones each with notary like actions. Notarii would witness signatures and record the acts, the Tabelliones would draft legal documents (not unlike modern day solicitors). In essence, the notary profession has always been around and will likely continue for quite a long time.
How do I become a notary public in Canada?
Each province in Canada has their own requirements to become a notary public. In Alberta and Saskatchewan, a non-lawyer (a layperson) can be appointed as a notary (with some qualifications). Check the main page "How to Register as a Notary" for a full description of the application process in your province.
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