GENERAL FAQ
Q. What is a Notary Public?
A. A Notary Public is a public officer authorized by the government to perform certain functions. A notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain documents, and provide notarial copies.
Q. What is a Commissioner for Oaths?
A. A Commissioner for Oaths is an individual who can administer oaths and take and receive affidavits, statutory declarations and affirmations within Manitoba only.
Q. What is the difference between a Notary Public and a Commissioner for Oaths?
A. The main difference is that the documents of a Commissioner for Oaths cannot be executed or used outside of the Province of Manitoba. Additionally, a Commissioner for Oaths authority is limited to administering oaths and they cannot certify true copies or perform a number of other services which notaries can provide.
Q.Why are Notarizations Required?
A. The main purpose of notarizations are to prevent fraud. The role of a notary is to attest to both the authenticity of a document as well as the identity of the parties signing it. Documents under seal of a notary are presumed by law to have been signed by the people identified in the document and certified copies under the seal of a notary are presumed to be true and exact copies of the original document.
Q. What is an Apostille?
A. An Apostille authenticates the seals and signatures of officials on public documents to attest to their legitimacy. Canada is not a party to the Hauge Convention and therefore Apostille’s cannot be obtained in Canada. Instead documents are legitimized using a process of Authentication and Legalization.
Q. What is an Authentication?
A. An Authentication is a certificate that states that the signature and seal of the Notary Public are valid. An Authentication is obtained through the Companies Office.
Q. What is Legalization?
A. Legalization involves validating the signatures of Global Affairs Canada by the consular section of the embassy of the country where the document needs to be used. Legalization can also be called attestation, authentication or Apostille by some embassies, however the 2-step Authentication & Legalization process is the equivalent process in Canada. It is common for some embassies such as Qatar or the United Arab Emirates to refer to legalization as attestation. For those countries that have signed the Hague Convention they may refer to it as Apostille or simply Authentication which is the case for China. As such, legalization follows the same process as authentication. Both involve looking at the signature of a certified individual on a legal document and verifying that the signature is real. The difference is that Global Affairs Canada authenticate the signatures of lawyers or notary publics whereas the embassies authenticate the signatures of Global Affairs Canada.
Q. Where can I find the phone number for the Consulate or Embassy?
A. You can look at the page of “Foreign Affairs and International Trade Canada’s website: http://www.international.gc.ca/protocol-protocole/foreign_reps.aspx?lang=eng then click on Consular Posts for Consulate or click on Diplomatic Missions for an Embassy. You will need to call them if you have questions about the documents and fee you need to send.
Q. Does Notarization make it legally binding?
A. No, a notarization does not make a document legally binding. It only authenticates the identification of the signatories or certifies that a copy is an exact duplicate of an original.
Q. Can you notarize something that has already been signed?
A. Notaries must be present for the signing of a document in order to notarize the signature, however notaries can certify true copies of documents which have already been notarized.
Q. Will a Notary Public draft legal documents or give legal advice?
A. No, a notary will not draft legal documents or give legal advice on the documents.
Q. Who can be a Notary Public?
A. In the Province of Manitoba lawyers who have been Called to the Bar in Manitoba may be authorized as a Notary Public.
Q. Will a Notary Public draft legal documents or give legal advice?
A. No, a notary will not draft legal documents or give legal advice on the documents.
Winnipeg Notary Services FAQ
Q. Can your notarizations be authenticated?
A. Yes, all of our notaries are registered with the Companies Office and can be authenticated.
Q. Will you make copies for me?
A. No, we require that all copies are present for your appointment.
Q. What is the fee for your services?
A. See our Pricing or Request a Quote
Q. Do you provide bulk or group discounts?
A. Yes, please contact us for a quote.
Q. Do you guarantee your services?
A. Winnipeg Notary Services guarantees all our notarization services. If there are any issues with the notarization, we will correct all errors, free of charge. Note that it is not the responsibility of the notary to ensure that the document itself has been filled out correctly -- the guarantee only extends to the notarization itself.
Q. Do you provide legal advice?
A. No, notaries are prohibited from giving legal advice unless they are a practising lawyers whom you have retained the legal services of.
Q. Where do you meet clients?
A. We will meet clients at their home, a coffee shop, a retirement facility, a hospital, a school or any other convenient location of their choosing within the City of Winnipeg. For locations outside of Winnipeg please contact us.