Notary public

How BC law treats it

BC is unusual in Canada. Its notaries are a distinct, regulated profession, not just officials who stamp signatures. They are governed by the Notaries Act, RSBC 1996, c 334 and regulated by the Society of Notaries Public of British Columbia, which sets education, insurance and discipline standards. A BC notary's authorized work is limited to non-contentious matters. Notaries can witness and certify signatures, certify true copies, take affidavits and statutory declarations, and prepare documents for real estate purchases, sales and mortgages, simple wills, powers of attorney and representation agreements, and some other instruments. They cannot give advice on litigation, draft pleadings, appear in court, or handle disputes. Practising lawyers may also act as notaries and are not limited in this way. For business clients, notarization usually comes up when a document must be used outside BC (for example a corporate document for a foreign bank or registry), when a statutory declaration is needed for a closing, or when a land transfer is signed. Documents going to some foreign countries also need authentication or an apostille. Canada joined the Apostille Convention, which took effect for Canada on January 11, 2024, and the BC government issues apostilles for BC documents. BC has passed the Legal Professions Act, SBC 2024, c 26 to bring lawyers, notaries and licensed paralegals under a single regulator. It is not yet in force, and until it takes effect, the Society of Notaries Public of BC remains the regulator.

What it means for your business

Business owners often need a notary or lawyer to certify corporate records, sign statutory declarations at closing, or authenticate documents for foreign partners and lenders. Choosing the right professional matters: a notary can efficiently handle a straightforward property conveyance or signature certification, but cannot advise on a contested deal or a dispute. Knowing whether a foreign recipient also needs an apostille avoids weeks of delay. Example: A Richmond company opening a subsidiary in Spain has a lawyer notarize copies of its certificate of incorporation and articles, then obtains an apostille so the Spanish registry will accept them.

Risks and common mistakes

Assuming a BC notary can advise on or represent you in a dispute. Signing the document before meeting the notary, so the signature cannot be witnessed. Forgetting that a foreign recipient may also need an apostille or authentication. Bringing unclear identification, which can stop the notary from certifying the signature.