As with any profession, the world of a Notary Public is full of unusual terms and phrases which are commonplace within it, but which are never used and rarely understood outside it. Some of these words are terms of art. You can visit our notary glossary if you have a specific query, but here are some typical words that Vancouver notaries use. If you want any other words clarified, or if you want to book a notarization appointment, please send us an email or call Brosgall Legal | Notary Services at 604-685-2326. Or visit our home page for further information.
Acknowledgment
A notarial act whereby the signer of a document states to a lawyer or notary public that he or she signed the document; that he or she understands the contents of the document; and that he or she is aware of the consequences of executing the document by signing it. The signer also indicates to the notary that he or she signed the document of his or her own free will and was not coerced into signing. By signing the document the signer agrees to the terms and conditions of the document. An acknowledgment is not the same as an attestation or notarization, which are declarations by a notary that a document was signed in their presence according to the formatlities required by law.
Admisitration of Oath
An oath is a solemn promise, either to do something, or that something is true. An "oath" includes an affirmation, a statutory declaration, or a solemn declaration made under the B.C. Evidence Act or the Canada Evidence Act.
Affidavit
A sworn statement of fact, opinion, belief or knowledge. An affidavit is a document containing a statement that the deponent swears or affirms to be true, to the best of his or her knowledge. The deponent first takes the oath or affirmation, then signs the affidavit, and finally the commissioner signs and stamps the affidavit to confirm that the oath or affirmation was administered properly. Affidavits may be used as evidence in court, and under the Criminal Code of Canada, it is an offence to make a false statement. Typically, the commissioner of oaths who administers the oath or affirmation is a notary public or lawyer. For further detail, please see the article we wrote on Statutory Declarations and Affidavits.
Affirmation
A solemn declaration given in place of a sworn statement by a person who prefers this method over taking an oath.
Authentication and Legalization
Documents that need to be notarized in non-Hague Apostille Convention countries for use abroad must go through a process known as "authentication and legalization". Once this is done, the notarized document becomes legal and valid in the foreign jurisdiction. Essentially, the process confirms the registration of the lawyer or notary in their respective governing body, and verifies their signature and seal as "authentic". This process is known as Apostille certification in Canada and other countries who are members of the Hague Apostille Convention.
For a more detailed explanation about Apostilles, and the authentication and legalization process, please read the article we wrote on this subject. An authentication certificate is also known as a 'notary flag' in certain jurisdictions.
Certified True Copy
It is often necessary to make copies of documents to use instead of the original. A lawyer or notary can photocopy a document and certify that is a true copy of the original by applying their stamp, seal and signature on the copy. The lawyer or notary must see the original before they can certify the copy. However, once this is done properly, the copy can be presented to third parties as a true, genuine and authentic copy of the original document. If you are interested in more information about certified copies, please see our article Certified Copy by Vancouver Notary.
Lawyer
In BC, an individual who is a practicing member in good standing with the Law Society of British Columbia.
Notarization
To certify or attest to the validity of a signature on a document, or contract, as a lawyer or notary public. Many documents require a notarization in an effort to deter fraud and to prove the authenticity of the signature. A notarization on a document indicates that a notary public has taken all reasonable steps to verify a signer's identity before witnessing that person's signature. If you are interested in more information about notarizations, please see our article How to Get a Notarization in Vancouver.
Notary Public
A person authorized to witness the signing of documents, make certified copies, solemn declarations, and affidavits, etc... In British Columbia, the rights and powers of notaries are set out in Section 18 of the B.C. Notaries Act. Section 14(3) of the Legal Profession Act, provides that lawyers in British Columbia are automatically granted the same powers as a notary. This is an ex officio right. Section 14(3) reads: A practising lawyer is entitled to use the style and title of "Notary Public in and for the Province of British Columbia," and has and may exercise all the powers, rights, duties and privileges of the office of notary public.
For a general overview of the notary public profession which covers the different legal systems and jurisdictions, plus a brief history, Wikipedia's Notary Public page is a good place to start. For a more comprehensive history of the ancient notary profession spanning Ancient Egypt (2750-2250 B.C.), the Roman Empire (A.D. 535), the Order of the Knights Templar (1099-1307), Old England (14th Century), Columbus (15th Century), and Colonial America (1600-1933), go to the Notary History page of the American National Notary Association website. In addition, our Resources & Links page includes relevant legal and notorial legislation, as well as the various notary societies, foundations, and associations.
Oath
An oath is a solemn promise regarding one's future action or behavior. It also refers to a solemn promise that one will tell the truth in a court of law, declaration, or affidavit.
Power of Attorney
The authority to act legally for another person. Also the document authorizing a person to act as another's agent or representative. See Principal and Attorney-in-fact for further information.
Statutory Declaration
A statutory declaration is a written document that summarizes facts that the declarant says are true. The statutory declaration is then affirmed or sworn to be true, using a solemn declaration. The affirmation must be taken by a lawyer or notary, or some other designated official. A Statutory Declaration will have a deponent affirm with the following formal declaration: I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Section 15 of the Canada Evidence Act is the governing legislation. For further detail, please see the article regarding Statutory Declarations and Affidavits.
Will
A Will, or "Last Will and Testament", is a legal document by which a person, known as the "testator" (male) or "testatrix" (female), names one or more people to manage his or her estate (executors), and provides for the disposition of his or her property after his or her death. There are certain strict requirements regarding the drafting and execution of Wills in British Columbia. Our services include the drafting of Wills, provisions of witnesses for execution, and notification of the B.C. Wills Registry.
Witnessing of Signatures
Any person of legal age (in British Columbia, over 19 years old) and who is mentally capable may witness the execution or signing of a document, so long as they do not have a financial or other material interest in the document in question. There are particular legislated requirements that apply to certain documents, most importantly, a Will.
Vancouver Notary Public, Commissioner of Oaths, and Lawyer
Brosgall Legal's owner and principal, Adam Brosgall, is an experienced Vancouver Notary Public, Commissioner of Oaths, and Lawyer. He is fully qualified, licenced, and insured. If you have any questions, please feel free to send us an email, or call 604-685-2326 to book an appointment. Same day service and walk-ins are welcome.