Witnessing of a Signature - Agreements, Contracts and Releases

Except for Wills and Powers of Attorney, most if not all agreements and contracts DO NOT require a witness or a notary public to notarize them in order for them to be considered valid or legally binding in the court of law. In other words, most contracts, but not all, do not require notarization to be enforceable. However, when the parties want the contract to be readily recognized by institutions such as banks and government agencies who may have good reasons to question the authenticity of the contract or the identities of the parties, then one of the ways to avoid attracting suspicions and causing delays for recognition and approval by the institutions is to have the contract/agreement notarized by a notary public who is obliged to confirm the parties' identities as well as swearing the parties under oaths in respect to terms of the Agreement. It is important to note that a notary public can bind the parties to the Agreement but that does not mean that the notarization can prevent one party from breaching such an Agreement at his or her own will. 

• Professional Incorporation and Renewal - CPSO - Statutory Declaration to Practising Medicine - Annual Renewal Certificate of Incorporation to Practice Medicine.
  

Pursuant to the Regulated Health Professions Act, College members (doctors, dentists and nurses) are permitted to establish a corporation for the purpose of practising medicine. In order to maintain the status of a corporation, members are required to submit forms and statutory declaration annually for a certificate of authorization for a corporation to practise medicine. 

Prior to being a lawyer, I worked at various hospitals in Ontario as a clerk, an administrator, a medical procedural auditor and a consultant to various projects . I was there during the SARS crisis. I was one of the persons responsible for introducing and improving triage care protocols to reduce waiting time for ambulances in the Emergency rooms across Ontario.  I maintain very good relationships with numerous medical professionals as friends and now clients. Many of my clients are doctors, dentists and nurses who have incorporated their practices. I welcome the opportunity to work and assist you with all matters related to professional corporations, legal and ethical issues. I am willing and able to travel to your home, private practice, nursing homes, retirement homes, and hospitals to meet and discuss your legal needs. 

Hospital for Sick Children
Humber River Regional Hospital
Etobicoke Genral Hospital
North York General Hospital
Mount Sinai Hospital
Princess Margaret Hospital
Queensway General Hospital
Rouge Valley - Centenery Hospital
Sick Kid's
Scarborough Hospital
St Michael's Hospital
St Joseph's Health Centre
Sunnybrook Health Services Centre
Toronto East General Hospital
Toronto General Hospital
Toronto Grace Hospital
Toronto Rehab
Toronto Western Hospital
University Health Network
University of Toronto Faculty of Medicine
Women's College Hospital

An affidavit is not the same as a statutory declaration, although they have a similar purpose.  An affidavit is a sworn statement of fact chronologically detailing the events, evidence, and knowledge of a particular matter. It is often used to give evidence in court proceedings. Evidence being attached to the Affidavit is called an Exhibit. Exhibits are alphabetically listed from “A” onward and each Exhibit must be individually sworn as to the accuracy of the information. The person swearing under oaths to the truthfulness of the Affidavit is called the Affiant or Deponent.

A statutory declaration is also a sworn statement of fact detailing the evidence, transactions, progress, status or discrepancies of a particular issue. It is often based on or subject to a specific statute, policy, or legislative requirements where the individual must provide specific detailed answers pursuant to or referring to the enumerated points or sections of the legislation. It is often required by various other government agencies to secure information from an individual outside the context of court proceedings. Evidence being attached to the statutory declaration can be called Exhibit, but it is often referred to as an Attached Document and is not subject to being sworn individually as to the accuracy of the information. Although, in certain situations, notarized true copies of the documents may be attached as supporting documents. The person declaring the truthfulness under the statutory declaration is called the Declarant.

It is noteworthy that an intentional false statement within an Affidavit or a Statutory Declaration is ground for dismissal, revocation of membership and professional licences and can carry criminal sanctions and penalties pursuant to s. 131 of the Criminal Code of Canada. Therefore, it would be wise to consult with a practising lawyer regarding your statements before swearing, signing and submitting them to the courts or the authorities. 

In Ontario, only a notary public is legally authorized by way of legislative mandates to certify and validate a photocopy of the original document as “certified true copy of the original document.”

Many people mistakenly assume that by the authority of certain professions or by virtue of the government offices they hold, that they are entitled to certify a document as a certified true copy. Many people still believe that for examples: doctors, principals, postmasters, clergies, engineers, police officers, accountants, bankers, city councillors, immigration consultants, and even lawyers, paralegals and commissioners of oaths have the automatic legal authority to notarize and certify a document as a certified true copy. It is true that these individuals by the authority of their offices may be guarantors or having the authority to swear a person under oaths (city councillors, lawyers, paralegals, commissioners of oaths etc.), or to endorse the document within the specific scope related to their profession and within geographic limits, and limited duration. However, in Ontario, legally they do not have the authority to notarize documents until such time that they get themselves registered or get appointed to become notaries public pursuant to legislative requirements (the Notaries Act, R.S.O. 1990). Hence, until such a time, they do not have a registered notary seal for use on the certified true copies.

The process of certifying a document requires the notary public to inspect/examine the photocopy and the original document and comparing the two documents to ensure that the photocopy is exactly the same as the original document. When the notary public is satisfied that the two documents are identical, by the authority under the Notaries Act, R.S.O. 1990, he/she will insert a certifying statement onto the document or through a cover letter certificate certifying and validating the photocopy document as the “true and accurate copy of the original document as examined on a specified date.” A signature of the notary public and his/her original notary public seal notary stamp will be signed and imprinted/embossed on the document to finalize the process. The main purpose of notarizing a document as a certified true copy is to avoid surrendering or giving up possession of the original document to certain agencies for fear of lost or damage of the original document. A notable point regarding this process is the fact that it does not certify that the original document is genuine, only the issuers of the original document (schools, universities, colleges, police offices, passport offices and other government agencies etc.) can validate the genuineness of the document. The process of certifying a document as a certified true copy merely confirms that the photocopy is the exact copy of the primary/original document.

For examples of the various documents and certificates that a notary public is often requested to certify as certified as certified true copies or notarial true copies are:

• Certified true copy seal for a passport
• Certified true copy seal for a driver's license
  
• Certified true copy seal for a citizenship card
• Certified true copy seal for a permanent resident card - PR Card
  
• Certified true copy of university degrees and diplomas
  
• Certified true copy of highschool transcripts
• Certified true copy of university transcripts
• Certified true copy of birth certificate
• Certified true copy of marriage certificate
• Certified true copy of a will
• Certified true copy of death certificate
• Certified true copy of criminal record background check
• Certified true copy of letters and memos
  
• Certified true copy of visas
  
• Certified true copy of utility bills
• Certified true copy of membership cards
  

Transferring ownership of a used vehicle between unrelated persons will trigger a sales tax collection and payment to be given to the government. 

A transfer of a used vehicle between related family members as a gift can prevent payment of tax to the government upon submission of the following documents to Service Ontario centre:

• a completed sworn statement for a Family Gift of a Used Motor Vehicle in the Province of Ontario form
• proof of Ontario insurance
• your Ontario driver's licence
• Safety Standards Certificate (not required for spouse to spouse transfers)
• emissions test (if applicable)
• vehicle ownership permit with the completed portion on the back, and
• a completed plate transfer declaration if you are also transferring the licence plate (this is required on spouse to spouse transfers in order to exempt them from the Safety Standards Certificate and the Drive Clean emissions test requirements).

The Sworn Statement for a Family Gift of a Used Motor Vehicle can be signed and sealed by a Lawyer, Notary Public, Commissioner of Oaths or a Justice of the Peace for a fee. Pursuant to the city bylaws, most municipal councilors will also have the legal authority to sign and seal this form for free if you are able to arrange a meeting with your local councilors.

In recent years, Passport Canada has changed its requirements so that you will no longer have to attend at a lawyer’s office for notarization for application, renewal, or replacement of a lost or damaged passport. Guarantors and references can be your friends, family members, or employers, who have known you for more than several years and who are of the age of majority and a Canadian citizen. Application and renewal of passports can be done via regular mail, at the postal offices or receiving offices, and the designated Passport Canada offices.

In the event you are new to the city and you have no one to act as your guarantor, then a lawyer, notary public, commissioner of oaths, or justice of the peace may assist in swearing you under oaths, sign and seal the form called the Statutory Declaration in Lieu of a Guarantor. This form is only available for in-person pick up at the passport offices. To save you time waiting in line, the form is often kept by the security/reception desk at the passport offices.  You will need to pick up the form from the passport office, get your passport photos taken, contact one of the mentioned officials and get the form sign and seal, bring that form back to the passport office along with your application, photos and the required fee. This process can only be done in person at the passport office.

New travel regulations for Canadians now require a valid passport for entry into the United States and many other countries down in the Caribbean. As a result, there may be people who might be caught by the new rules. If you are one of those individuals who allowed their passports to expire and your travel flight is coming up within days, Passport Canada offers emergency, express and urgent passport processing for an extra fee. The fastest processing time is around 24 hours. In very rare cases, a 12 hours turn-around time may be requested. Except for certain holidays, there are passport offices in the Greater Toronto Area that also open during the weekends. Again, you will not need the services of a lawyer or notary public for emergency passports, unless, you require a signed and sealed Statutory Declaration in Lieu of a Guarantor or an Affidavit of Sole Legal Custodian Parent Applying on behalf a child.

New laws require that both parents must sign a child's passport application. Even if you have sole custody of the child by evidence of a court order, it is now a requirement that the other parent must sign on the child's passport application. There may be circumstances wherein you are unable to locate the other parent to obtain his/her signature, you will be required to come before a lawyer/notary public/ commissioner of oaths/ to execute an Affidavit of Sole Legal Custodian Parent Applying For a Passport on behalf of child. You may email my office at [email protected] for a free sample template. Within this Affidavit, you will need to include the following statements:

1. Your relationship to the child
2. Your child's name and dob and any previously issued passport numbers.
3. Name and last known contact information (address, phone, email etc.) of the other parents and details regarding your attempts to contact the person without success.
4. Attaching certified true copies of your ID's (passport, DL etc.) and a certified true copy of the court order.
5. Final statement affirming the purpose of the Affidavit due to the inability to make contact with the other parent for his/her signature in order to apply for a Canadian Passport for your child.

For more information about applications and procedures to visit Canada, please visit the CIC link.

Canada will only permit a limited number of citizens from “friendly” countries around the world to visit Canada as a tourist/temporary resident without a proper visa. As a general rule, if you are a holder of a foreign/alien’s passport/travel document, you will need to apply for a visa for entry into Canada.

As Canadian Citizens and Permanent Residents, you are entitled to be reunited with family members and friends in Canada who live in other countries around the world. You may wish to invite them to visit for a vacation, for a special occasion like the birth of your child, a wedding, a medical emergency or death on compassionate grounds.

The Consular offices and the Department of Citizenship and Immigration Canada will issue tourist visas to your family and friends provided you provide them with genuine and sufficient information/documentation regarding the visit to Canada.

Although the CIC website indicates that “sometimes… they may ask for a letter of invitation from someone in Canada”, it is actually a standard requirement that should be followed and provided for all applications for a visitor visa or a super visa to Canada.

At minimum, the required information as listed on the CIC website should be provided within your letter of invitation.

The common reasons that many applications for a visitor visa get rejected or a denial include the following:

1. Failure to provide the enumerated list of information and documentation clearly indicated on the CIC website;
2. Applications not properly signed and dated;
3. Lack of travel history or not providing a proper reason why there is a lack of travel history;
4. Insufficient information about ties to home country or evidence that shows there are ongoing family or work obligations or assets and other properties that the visitor will need and want to return home upon completion of the expected travel vacation/visit to Canada;
5. Insufficient information that the family and friends in Canada will have sufficient funds or unwillingness to provide for, or a lack of a proper undertaking statement of responsibility for the visitor/tourist during his/her stay in Canada; and
6. Lack of evidence that health and travel insurance coverage will be purchased if the visa is granted. Canada will not be responsible for any medical costs for foreigners. Medical cost is NEVER free. Provincial Health Care Plan, or OHIP, if you are living in Ontario, will not cover medical and emergency costs for tourists/visitors.

As indicated on the CIC website, the Government of Canada does not guarantee that it will grant a visitor visa even if a letter of invitation is submitted. However, based on my legal practice and experience, submitting a proper notarized letter of invitation signed and sealed by a registered officer of the courts and lawyer will definitely help a lot. The fact is, this is not just any letter, it is actually a statutory declaration of responsibility. It is a legal document. You must provide information you know is truthful and in good faith. When you get it notarized or commissioned, you are swearing under oaths before an officer of the courts. There are real criminal sanctions and consequences if you are found to be providing false information within the letter.

I encourage you to contact my office via email [email protected] and ask for a free sample template of the letter of invitation for your revision and use. Review my website for fees and contact my office again for a meeting for notarization. 

Reasons why you should NOT use House Call Notary Public

1. You believe that no one would ever lie about being a licensed and practising lawyer, notary public and a commissioner of oaths. Why bother checking up on credentials? Just trust any nameless person who claims to be a lawyer, notary public, and a commissioner of oaths.

2. You believe that the most needy of professions are lawyers and notaries public, why not just give them the extra cash for a 2-minute procedure of signing and sealing a document?

3. You believe that sitting in a beautiful law office with a beautiful view of the city and made to wait for over 30 minutes for a lawyer to get around meeting you is worth paying someone $60 to $100 for one simple signature. It’s all about the view.

4. You don’t want free templates and free advice. Why get something for free when you are hell-bent on paying for it?

5. Transparency about names, credentials and contact information are overrated. Receiving agencies and government officials will never check up on these lawyers/notaries public anyway.

6. You don’t care if your notarized applications and letters get delayed or rejected because the agencies and government officials cannot verify the authenticity of your document or the self-proclaimed lawyer/notary public’s credentials. You are completely okay paying more money and spending more time to reapply.

7. You love surprises and teasing games that some lawyers play with their fees. You know the bait and switch and misrepresentation advertising thing that they do….”$10 per seal”, then you are surprised when that actually means you needing to pay for a higher rate that starts at $60 many times over before you get your $10 per seal discount. You embrace the buyer's remorse experience.

8. For authentication and Legalization of documents, you would rather pay someone $300 and more to mail in your documents on your behalf. You get seriously nervous being anywhere near to a mail box or a postal office to mail the documents off for yourself. It’s worth the money.

9. It is always safe to have a stranger without a face, a name, and contact information to be invited into your home and businesses. Well the website seems to have a bunch of beautiful people on it, surely lawyers do not use stock photos.

10. You trust anyone with your private information and everything listed within your documents. Surely people are honest and will not use such information illegally.

If you just got married, you do not have to legally or formally change your last name. You have the following options:
1. Keep your last name
2. Assume your spouse's last name
3. Combine yours and your spouse's last names with a space in between, or
4. Combine the last names with a hyphen

Many institutions will assist with the processing of your new assumed last name by evidence or proof of a marriage certificate and a current valid photo id plus a small fee. 

In the event you decide to legally and formally change your name to a completely different name or just your last name, you can get more information and the application from the link here {Name Change Application and Information}. You will need to contact a commissioner of oaths to sign and seal the declaration statement within the Application. You will need to provide additional information about yourself to complete the legal name change process. The administrative fee for this option is also higher than the option to assume your spouse's last name as mentioned above.

There may be instances where you may need to declare or assume a name other than your legal name for trade or business purposes, for example, for real estate licensing registration in Ontario. Or you may need to clarify spelling errors or errors in date of birth or lack of evidence of a birth certificate etc. for immigration purposes, then an Affidavit may be required to be submitted to explain or clarify the irregularities or discrepancies. This Affidavit needs to be sworn before a Commissioner of Oaths. I welcome your request for a sample template via email at [email protected].

Children and Notarized Letter of Consent to Travel

Many countries around the world, including Canada, require that proper documents are presented to  Customs Authorities before they will allow exiting from/ entry into their countries with minor children. Foreign Customs and Immigration Officials are trained to look for missing children and they have the legal right to ask questions about any children travelling with an adult, even if that adult is the children's own biological parent. Furthermore, it does not matter that the children and the adult travelling with them are Canadian Citizens, Canadian Customs and Immigration Officials may still seek to ask questions before allowing such persons re-entry into Canada. Therefore, when travelling with children, it is prudent and prepare to present various documents to Customs and Immigration Officials, both domestically and internationally. These documents may include, but not limited to:

1. Birth certificates showing the names of both parents;
2. Death certificate, if one of the parents is deceased.
3. Legal Documents pertaining to custody order granted by a family court judge;
4. Citizenship and/or other relevant ID's as required by the country you want to enter with the children;
5. Valid Passports; and
6.  Notarized Letter of Parental Consent for the children to travel.
   

As recommended by the Department of Foreign Affairs and International Trade Canada, in order to ensure that the Parental Consent Letter will not be questioned by Customs Authorities, the letter should be certified/notarized and sealed with a notary public stamp by a person who has the authority to administer oaths and solemn declarations. Vinh T. Tran is a PRACTISING LAWYER, a notary public, and a commissioner of oaths, in and for the Province of Ontario, can assist in swearing the consenting parent under oath, witnessing the signing of the consent letter and notarizing the consent letter to allow your children to travel. 

1. If your child is travelling with one parent, the other parent (the parent NOT travelling must give consent) MUST be present before Vinh T. Tran to be sworn under oath, to witness the signing of the consent letter, and finally sign, date and sealing the letter with a notary public seal stamp in order to give permission for the child to travel with his/her spouse or the parent who is travelling with the child;
2. If your child is travelling alone, then BOTH parents MUST be present before Vinh T. Tran to be sworn under oath, sign and date the letter in order to give permission for the child to travel alone.
3. If your child is travelling with neither parents, i.e. with a relative exp. Grandparent/ Older sibling/ Aunt/ Uncle etc., then BOTH parents MUST be present before Vinh T. Tran, to be sworn under oath, sign and date the letter in order to give permission for the child to travel with an accompanying adult/ relative.
4. If you are in a blended family, all parents may need to be present with proper photo ID's before Vinh T Tran, to be sworn under oaths, sign and date the letter in order to give permission for the child/children to travel out of the country. 

Although there is a sample consent letter for children travelling abroad on the government website, it is not the formal and official letter that must be used. As every situation is unique, there is no formal template for which you can download. As such, you may draft your own letter to fit the dynamic of your family exp. blending family, multiple children, restrictions due to court order or by agreement etc, as long as you include the relevant information, including but not limited to:

• Parents' full legal names and profession, contact information and support identification number (DL or passport #).
  
• Child or list the names of all the children, including DOB and passport numbers and citizenship.
• Information about the adult travelling with the minor, including full legal name, relationship, profession, citizenship and contact information.
• Information about the location(s) and duration you permit the consent letter to take effect.
• The name and contact information of the lawyer/notary public who will seal the letter.

Furthermore, it is important to note that depending on the dynamic of your family relationship and composition, it is perfectly reasonable to execute a blanket travel permission letter whereby the parents can give each other permission to travel with their children in the absence of the other parent. Depending on the comfort level of the relationship between the parents, it is also reasonable to either list all the countries one would like to permit the child to travel or state "any country worldwide" or to limit traveling to certain countries. Whereas the parents may specify the dates of travel or to limit the travel to 5 or 10 years or to the expiration of the child's passport. The blanket permission letter will save you both time and money. If you would like a sample blanket template, please contact my office at [email protected] for free sample template.

It is equally important to confirm the travel advisories as well as the embassy to see whether there are any other requirement needed to be fulfilled before you can embark on your vacation. For example, in the near future, travelling to Mexico will require numerous documentation procedures including translation of the consent letter into Spanish, notarization of the consent letter, authentication of the notary public who notarized the letter then get it legalized at the embassy offices. For more information, please contact the:

CONSULATE GENERAL OF MEXICO IN TORONTO
Coverage: Ontario and Manitoba Address:
11 King Street West, Suite 350
Toronto, Ontario, M5H 4C7
Telephone: (416) 368-2875

If you require a sample template of the consent letter for children to travel abroad from my office, please email [email protected] and request for a free template.

A final point that I would like to suggest is to search for a reasonable priced notary public to notarize your consent letter for your child(ren) to travel. There is no justifiable reason for paying any lawyer $60 to $100 for a simple signature and seal. Instead, use the suggestions I have provided above and find a lawyer who can provide the service for a cheap fee then take the saving to purchase travel insurance for the trip. Travel insurance is absolutely vital for any trip outside your home province/country. Spend your money wisely, get a cheap notarization done then use the saving to purchase travel insurance.