Apostilles for documents used in Canada: when are they needed?

This is proof of the origin of an official document for use abroad.

Apostille is a special certificate issued by the authorized government body of the country where the document was issued.

It is used between countries participating in the Hague Apostille Convention.

Apostille confirms:

• authenticity of the signature on the document;
• the status of the person who signed it;
• if necessary, the authenticity of the seal or stamp.

Apostille does not confirm that all the facts inside the document are true.

For example, an apostille on a diploma confirms the official origin of the signature and seal, but does not assess the level of education for immigration to Canada.

Apostille, translation, notarization and certified copy solve different problems.

Therefore, the wording “the notary certified everything to me” does not in itself say anything about whether the requirements for a particular filing have been met.

You need to understand exactly what action was performed and why it is required.

First, look at the IRCC requirements, and not the rules for using documents abroad in general.

For most users of this page the situation looks like this:

Document issued outside of Canada → document must be submitted to IRCC.

In this case, you should not start with the question:

"Where to put an apostille?"

First ask another question:

“Does IRCC require an apostille for this specific document and this filing?”

For example, current Express Entry regulations detail document translation, certified copies, and the translator's affidavit, but do not establish a general requirement to apostille every foreign document.

This does not mean that an apostille may never be needed. An individual program, IRCC request, or other receiving authority may establish its own requirement.

Main rule:

Official submission specific instructions take precedence over general internet advice.

In Canada, the apostille system has been in effect since January 11, 2024.

Prior to this date, Canadian documents used the previous system of authentication and, if necessary, consular legalization.

From January 11, 2024, Canada issues an apostille for documents intended for countries party to the Convention.

This change is especially important for Canadian documents to be used abroad.

It does not mean that after 2024 all foreign documents for Canada will automatically have to have an apostille.

Not in Canada, but with the competent authority of the country of origin of the document.

If a foreign document does need to be apostilled, the route depends on the country where it was issued.

Country participates in the Convention

An apostille is issued by the competent authority of that country.

The country is not a party to the Convention

It is necessary to clarify the certification procedure with the Ministry of Foreign Affairs, another authorized body or the consulate of the relevant country.

If an apostille is needed on a foreign document, it must be applied for in the country of origin of the document.

Therefore, sending, for example, a foreign birth certificate to Ottawa just for the sake of a Canadian apostille is usually the wrong route.

The authority depends on who and where the document was issued or notarized.

In Canada, powers are shared between the federal government and several provinces.

There are additional rules for notarized documents. For example, in Alberta, Ontario and Saskatchewan, the location of the notarization affects where the document is sent.

Therefore, before submitting, it is best to use Global Affairs Canada's official online tool to identify the correct authority by document type and origin.

Not always.

Apostille and notarization are different actions.

Some Canadian documents can be directly apostilled.

For others, a notarial act may be required first, for example if the competent authority cannot verify the signature on the document itself.

Global Affairs Canada specifically states that some documents must be notarized before being certified, but this is not a universal rule for all documents.

Therefore the scheme:

“first a notary is required, then an apostille is required”

not suitable as general advice.

One does not replace the other.

If the document is required by IRCC and is not in English or French, IRCC translation requirements must be met separately.

An apostille does not translate a document and does not eliminate translation requirements.

If the apostille is indeed included and contains significant text not in English or French, you should also check whether it should be translated along with the rest of the document.

For Express Entry, current instructions require translation of all parts of the document that are not in English or French, including seals and stamps.

More details:

• Requirements for document translation
• Translator's sworn statement

An apostille does not replace the assessment of foreign education.

If your immigration program requires an Educational Credential Assessment (ECA), a diploma apostille does not replace the ECA.

The organization that does the ECA establishes its own procedure for receiving and verifying documents.

For example, if WES requires electronic transmission or documents from a specific source, an apostille does not eliminate that requirement.

Therefore, for education it is necessary to separate two questions:

1. whether a document needs to be apostilled for a specific recipient;
2. How exactly the ECA organization should receive and verify the document.

An apostille does not replace the correct police certificate.

IRCC publishes separate instructions for obtaining a police certificate for each country.

You need to use exactly the document and the method of receipt that is indicated for your situation.

For Express Entry, IRCC, for example, requires a color scan of the original police clearance certificate and separately regulates situations where the certificate is issued only at the request of IRCC.

Therefore, you cannot correct an incorrect or inappropriate certificate by placing an apostille on it.

Start with who will receive the document and for what procedure. None of the scenarios below by themselves mean that an apostille is required.

Document for application to IRCC

Check the official list of documents for your program and the separate instructions for the specific document. An Apostille is not a general requirement for all foreign documents for immigration to Canada and does not replace translation or mandatory certification.

Where to check: IRCC requirements for supporting documents - for example, for Express Entry. For another program, open its own instructions.

Document for another organization in Canada

If the recipient is a university, professional regulator, court or other body, request its written requirements. Clarify whether an original, translation, certified copy or apostille is needed specifically for your procedure.

Where to check: at the recipient of the document. Global Affairs Canada explains how to verify claims. If an apostille is needed for a foreign document, the competent authority is sought in the country of its origin.

Document for use outside of Canada

Check the recipient's requirements and whether the Apostille Convention applies between the country of origin and the country of destination of the document. If used, an apostille usually replaces consular legalization. If not, authentication followed by legalization may be required.

Where to check: country participation and operation of the Convention - HCCH. For a Canadian document, identify competent authority under Global Affairs Canada; for a foreigner - the authority of the country of origin. Check reception conditions with the recipient or the consulate of the destination country.

1. Apostille the entire package “just in case.” This adds costs and paperwork, but does not correct the incorrect package for IRCC.
2. Consider an apostille as proof of the truthfulness of the content. An apostille confirms the signature, the status of the signatory and the seal, and not the factual accuracy of all information inside the document.
3. Confuse an apostille with a certified copy. These are different actions.
4. Confuse an apostille with a translation. An apostille does not cancel the translation of a document for IRCC.
5. Look for a Canadian Apostille on a foreign document. If a foreign document needs to be apostilled, the apostille is usually issued by the competent authority of its country of origin.
6. Assume that a document with an apostille is automatically eligible for WES. The ECA organization verifies documents according to its own rules.
7. Assuming that an apostille will make an unsuitable police certificate acceptable. IRCC requires the correct type of certificate and compliance with its country-specific instructions.
8. Assume that an apostille always requires a notary. Some documents require a notarial act, others do not.

Birth certificate from another country for IRCC.

First we check whether the certificate is required in the official list of documents of your submission, then the translation and upload format. We do not add an apostille automatically.

Diploma from another country for Express Entry

If ECA is required, we first comply with the rules of the ECA organization. Apostille does not replace ECA.

Canadian Marriage Certificate for use in a Convention country

We check the requirements of the foreign recipient. If authentication is required, the Canadian document uses the Apostille system and the appropriate Canadian competent authority.

Canadian power of attorney for a non-Convention country

Identification in Canada and then legalization through the diplomatic mission of the destination country may be required. The exact order depends on the recipient.