Apostille
This month marks the one-year anniversary of Canada joining 126 other countries to become a member of the Hague Convention, officially dispending of our former authentication process and, instead, adopting the Apostille process for the purpose of guaranteeing the authenticity of documents destined for use abroad. All of Canada now uses the Apostille process, but this article is focused on the process of Apostilling documents within British Columbia.
What’s an authentication?
Authenticating a document refers to providing verifiable proof that the public official’s signature on a document is genuine and that the document is not a forgery. Importantly, authentication does not validate the content of the document, but rather, the authority of the document’s signatory. Authentication is required for documents created or signed in British Columbia for use outside Canada.
Prior to January 11, 2024, the process of authenticating a document was time-consuming and costly. Clients had to have their document notarized before sending it to the Society of Notaries Public of British Columbia for validation of the Notary’s good standing (or the Law Society if BC for confirmation of a lawyer’s good standing); next, the document would be forwarded to Victoria for the provincial government’s certification of the Notary Society (or Law Society) as an organization with valid authority. Sometimes the document was also required to be passed on to destination country’s consulate as well. Happily, that whole tedious authentication process has now been retired in favour of a simpler, more cost-effective and efficient method: Apostille.
What’s an Apostille?
An Apostille certificate is the new method of authenticating (also called “legalizing”) BC documents for international use. It is a one-step legalization process and is verifiable by independent third parties because each Apostille certificate bears its own unique identification number, which may be verified through the OIC’s website.
BC “Public” Documents may be submitted to the Order in Council (OIC) for an Apostille. These documents include:
- BC Vital Statistic documents;
- BC Registry and BC Online documents;
- BC court documents;
- BC education documents;
- Documents notarized in BC by a Notary who is registered with the OIC.
Apostille Process:
In order to obtain an Apostille certificate, documents are submitted to the BC OIC, which role is to certify that: (a) the signature of the Notary matches the one on file with the OIC; (b) that the Notary’s seal matches the seal on file with the OIC; and (c) that the Notary is in a position of good standing and is able to sign the document. If the OIC is satisfied that the criteria has been met, it will rivet the Apostille (authentication certificate) to the document and mail the Apostilled document package to the address provided in the client’s instruction package.
Depending on the document’s destination country, the client may still also be required to submit the Apostille package to the consulate for legalization; clients are encouraged to confirm requirements with the consulate ahead of time.
FAQ re BC Apostilles:
- Does the Notary provide the Apostille?
A BC Notary or lawyer who is registered with the OIC can notarized your document before you send it to the BC OIC, which is the only entity that can provide an Apostille for BC documents and BC Notarizations. - Can I have submit my document(s) to the OIC in person?
The OIC requires all requests for Apostilles to be mailed (or couriered) to their address at: Ministry of Attorney General, OIC Adminnistration Office, Attention: BC Authentication Program, 1001 Douglas Street (PO Box 9280 Stn Prov Govt) Victoria, BC, V8W 2C5 - Is there a fee for the Apostille?
You can place your order online (before mailing your documents) by clicking here. - How long does the OIC take to Apostille documents?
Wait-times vary, but currently (January 2025) are expected to be 30-45 business days after the document reaches the OIC.
FAQ re BC Apostilles:
- British Columbia (and all of Canada) is not a member country of the Hague Convention and has adopted the Apostille process for legalization of documents for international use.
- An Apostille is a certificate of authentication affixed to a document, which proves the document is genuine. An Apostille does not authenticate the content of the document, but rather, it certifies the authority of the document’s signatory.
- Documents that are signed or created in BC for international use (outside of Canada) must be authenticated via Apostille.
- The Order in Council (OIC) affixes Apostille certificates to documents that have been notarized by a BC Notary or lawyer who is registered with the OIC.
- Krische & Co. Notaries is registered with the OIC and can help you get your document Apostilled for international use. Book your appointment now! Tel: 604-576-3211.
