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How long is a notarized document valid in Canada?

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In Canada, a notarized document does not expire. There is no expiration date associated with the notary stamp or seal. As long as the traditional or online notary had a valid commission by the Provincial or Territorial government, your document will remain valid. Therefore, you do not need to renew your notarization to maintain its validity.

It is important to note that the document itself may have an expiration date separate from its notarization. It depends on the type of document and what is stated in the document itself. Therefore, it is important to read all documents carefully before signing and notarizing them.

Types of Notarized Documents in Canada and Their Expiration

Affidavits and Statutory Declarations

  1. Affidavits are sworn statements made by an individual in writing and confirmed under oath before a notary public. These documents are often used as evidence in court proceedings, legal transactions, or administrative matters. Affidavits can pertain to various subjects, including personal, financial, or property-related issues. 
  2. Statutory Declarations are similar to affidavits, statutory declarations involve making a formal statement in writing. These documents are often used to verify facts, such as identity, marital status, or financial circumstances. They hold legal significance and are notarized to prevent fraud. 

Expiration Date: Generally, there is no specific expiration date for affidavits and statutory declarations. However, the validity of the information contained within these documents may be time-sensitive. It is recommended to update or re-notarize these documents if circumstances change.

Powers of Attorney

A power of attorney grants someone the authority to make decisions and act on behalf of another person in legal or financial matters. Notarizing a power of attorney ensures its validity and authenticity. There are two main types of powers of attorney: general and enduring. General powers of attorney expire if the grantor becomes mentally incapacitated, whereas enduring powers of attorney remain valid even in such circumstances.

Expiration Date: The expiration of a power of attorney depends on the type. A general power of attorney becomes invalid if the grantor becomes mentally incapacitated. On the other hand, an enduring power of attorney remains in effect even if the grantor becomes incapacitated, making it a useful tool for long-term planning.

Certified Copies

Copies of authentic documents, including passports, birth certificates, or academic credentials, may be certified by notaries. These certified copies are frequently needed for various administrative purposes and are regarded as being legally comparable to the original papers.

Expiration Date: Certified copies do not have a specific expiration date, but it’s advisable to obtain fresh copies if the need arises to ensure the documents’ authenticity.

Real Estate Transactions

In real estate transactions, such as property transfers, mortgages, and lease agreements, notarized documents are essential. The interests of all parties involved are safeguarded by these documents, which guarantee the transaction’s legitimacy and legality.

Expiration Date: Notarized documents related to real estate transactions remain valid as long as the terms of the transaction are in force. For example, a mortgage agreement remains valid until the mortgage is paid off.

International Documents

Adoption papers, travel authorization letters, and immigration-related paperwork can all be authenticated by notaries in Canada for use abroad. These certified papers aid in ensuring adherence to international legal obligations.

Expiration Date: The expiration of notarized international documents may vary depending on the laws and requirements of the foreign country. It is recommended to check with the relevant authorities in the foreign jurisdiction

Does Notary Guarantee the Accuracy of the Document?

No, notarization does not guarantee the accuracy of a document or the validity of any contents therein. The role of a notary public is to verify the identity of those signing documents and to act as an impartial witness for legally binding transactions. It is the responsibility of the person signing the document to ensure its accuracy.

What Does it Mean To Have a Document Notarized?

When a document is notarized, the notary either attested to the signer’s signature and confirmed their identity or attested that a copy matched the original exactly. You must present before an official notary public appointed by the Province or Territory in order to get a document notarized. The notary will see you sign and use their notary seal to certify that your signature is genuine.

When can a Notarized Document Be Rejected?

Several factors can lead to the rejection of a notarized document. The document might not be accepted if the notary’s commission has already expired when the notarization was performed. The receiving party may also reject the document if the language is challenging to read or if correction fluid was used, as these could signify changes made after the notarization.

In some cases, the notarization may be considered incomplete, such as if not all signatures on the document were notarized or if some other essential information is missing. Placing a notary stamp over a portion of text, making it unreadable, can also lead to document rejection.

It’s important to ensure that the document is clear, complete, and accurate before having it notarized to avoid potential rejections.

LET JURIS NOTARY HELP

Do you need to consult with someone about your legal matters or need to get any documents notarized? Get in touch with Juris Notary, and we’ll be happy to help you out or point you in the correct direction if need be.

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