Not for use in Ontario: two qualified witnesses make a power of attorney valid. Using it in another country is different. The apostille office only accepts a notary's signature and seal, so a POA going abroad has to be notarized first.
Last updated: October 18, 2026
Does a Power of Attorney Need to Be Notarized in Ontario?
Quick answer: Not for use in Ontario. A continuing power of attorney for property and a power of attorney for personal care are valid when you sign them in front of two qualified witnesses who each sign too (Substitute Decisions Act, 1992, ss. 10 and 48). The Act never mentions a notary. The answer changes when the document is going to another country. The foreign authority will usually want an apostille (or, for a country outside the Apostille Convention, an authentication and embassy legalization), and Ontario's Official Documents Services only issues one on a document that an Ontario notary public has signed and sealed. So a power of attorney for use abroad is witnessed and notarized. Minute Notary does the signing on a mobile visit anywhere in Ontario and can file the apostille for you.
Almost every page that answers this question stops at "no". For a power of attorney that stays in Ontario, that is correct. It is the wrong answer for the person signing a power of attorney so a brother in Manila can sell a condo, so a parent in Delhi can deal with the bank, or so a cousin in Ho Chi Minh City can collect a land certificate. Abroad, a document that carries only two witness signatures is usually turned away, and the fix after the fact is a second signing. If you have a question about your own document, contact us or call (613) 434-5555.
Using it in another country? We do both halves. Sign your power of attorney with a notary on a mobile visit, then let us take it to Ontario's Official Documents Services with our apostille service, filed for you.
Key Takeaways
| Where the power of attorney will be used | Must it be notarized? | What else it needs | Where it comes from |
|---|---|---|---|
| In Ontario | No | Two qualified witnesses who each sign | SDA ss. 10, 48 |
| An Ontario bank or investment firm | Not by law; the institution may want the original or a notarized copy | Ask the institution what it accepts | OPGT Questions and Answers |
| A country in the Apostille Convention | Yes, in practice | An apostille from Ontario's Official Documents Services | ontario.ca; HCCH status table |
| A country outside the Convention | Yes, in practice | Authentication by the same office, then embassy legalization | ontario.ca |
| Notarized online | Not for an apostille | A paper original with a wet-ink notary signature and seal | ontario.ca (electronic copies refused) |
The Ontario Answer: Two Witnesses, No Notary
The rules are in the Substitute Decisions Act, 1992 (SDA), and they are short:
- A continuing power of attorney for property must be signed in the presence of two witnesses, each of whom signs it as a witness (s. 10(1)).
- A power of attorney for personal care follows the same rule (s. 48(1)).
- Some people cannot be a witness: the attorney you are appointing and that attorney's spouse or partner, your own spouse or partner, your child or someone you treat as your child, a person whose property is under guardianship or who has a guardian of the person, and anyone under 18 (ss. 10(2), 48(2)).
That is the whole formality. Ontario's Office of the Public Guardian and Trustee (OPGT) says a power of attorney that was properly completed, signed and witnessed, by someone with the capacity to give it, needs no further step to be legally binding. Nobody registers it, files it, or stamps it. A notary can be one of your two witnesses, which is often the easiest way to make sure at least one of them qualifies; see who can witness a signature in Ontario.
The witnesses may also take part by live video, but only if at least one of them is a lawyer or paralegal licensed by the Law Society of Ontario (s. 3.1). Minute Notary's practice is to witness powers of attorney in person.
If you have not drafted the document yet, Ontario's free government kit is explained part by part in our Ontario power of attorney forms guide.
Why the Ontario Answer Is Only Half the Story
The law decides whether a power of attorney is valid. The person on the other end decides whether they will act on it. Inside Ontario those two usually line up: your attorney shows the bank the original, the bank keeps a copy, and nobody needs a notary.
Abroad they do not line up. A land office in the Philippines or a sub-registrar in India has no way to know whether the two people who signed as your witnesses are real, or whether the signature above theirs is yours. So the foreign authority asks for an official in Canada to vouch for the document, and the only signature an Ontario official will vouch for is a notary's. That is the step most "does it need to be notarized?" articles leave out.
When a Power of Attorney Must Be Notarized: Using It in Another Country
What the apostille is, and why it needs a notary first
Canada joined the Hague Apostille Convention, which came into force for Canada on January 11, 2024. Between member countries, a public document from one country is accepted in another with a single certificate, the apostille, which confirms the signature, the capacity of the person who signed and the seal on the document. It does not confirm what the document says.
A power of attorney you sign at your kitchen table is a private document. Ontario's Official Documents Services (ODS), the office that issues apostilles for Ontario, works by checking whether the signature and seal on a document match the ones in its records. Your signature is not in its records, and neither is your neighbour's. An Ontario notary public's is. Once a notary has signed and sealed the power of attorney, the document carries a public signature that ODS can verify, and the apostille goes on top of it.
ODS sets out the conditions on its own page:
- Signed by an Ontario notary public, not a commissioner. Documents commissioned by a commissioner for taking affidavits cannot be authenticated.
- Signature and seal on the same page. Every part of the notary's signature and seal must be clearly displayed on one page, and must match what ODS has on file. If not, the document has to be notarized again.
- A paper original. Electronic (soft copy) documents are not authenticated.
- A form that came from abroad is fine if you sign it in front of an Ontario notary public.
- Another language needs a translation. A document in a language other than English or French must be notarized by an Ontario notary public and come with a translation by a certified translator, or one attested by a notary who speaks both languages.
- The fee is $16 per notarized document, paid to the Government of Ontario.
Countries outside the Convention
If the country is not a member, the old route still applies: ODS issues a certificate of authentication instead of an apostille, and the destination country's embassy or consulate legalizes it on top. The United Arab Emirates is an example of a country that is not a party. Embassies set their own fees and wait times, so check the embassy's page before you start. The current list of members is the HCCH status table linked in Sources; our apostille guide for Ontario explains both routes in more depth.
The route, step by step
- Ask the receiver what it needs. Its own form or yours, the original or a copy, a translation, a deadline. The receiver's instructions beat any general rule.
- Sign in front of an Ontario notary public. If it is an Ontario power of attorney, the two qualified witnesses sign too (the notary can be one of them).
- The notary signs and seals the notarial certificate, in wet ink, on the same page.
- File it with Official Documents Services for the apostille, or for the authentication if the country is outside the Convention. We can pick it up and file it for you.
- Embassy legalization, only for a country outside the Convention.
- Send the original abroad, and check whether the country has a step of its own once it arrives (India does; see below).
Ontario Power of Attorney, or One Written for the Other Country?
This is the question to settle before anyone signs.
- An Ontario power of attorney going abroad. The government kit and most lawyer-drafted Ontario powers of attorney are written for Ontario law. If you want your attorney to use one abroad, for example to deal with an account at a foreign bank, it is signed before two qualified witnesses as usual and notarized at the same visit, so the apostille can follow.
- A power of attorney written for the other country. Many countries expect their own format: a Philippine special power of attorney, an Indian general or special power of attorney, a Vietnamese giấy ủy quyền. A lawyer in that country, or the office that will receive it, usually supplies the wording. The Ontario witness rule is written for Ontario powers of attorney; a document drafted under another country's law follows that country's formalities. If the form has witness lines, bring witnesses who meet its rules, or ask us to provide one (an additional charge applies).
Either way, the notary does not draft the document or tell you which version the other country will accept. Ask the receiver, or a lawyer there, before you book.
Three Countries People Ask About Most
India
India has been a member of the Apostille Convention since 2005, so since Canada joined, a power of attorney signed in Ontario can be notarized here and apostilled by Official Documents Services, with no attestation by the Indian consulate on top: between member countries, the apostille replaces legalization.
India also has a step of its own after the document arrives. A power of attorney signed outside India generally has to be stamped in India within three months of first being received there, and one dealing with land may need registration as well. The rules are set state by state, so ask the lawyer or the sub-registrar's office that will use it, and keep the courier receipt that shows when it arrived.
The Philippines
The Philippines has been a member since May 14, 2019. A special power of attorney signed before an Ontario notary and apostilled by Official Documents Services can be used there without going through a Philippine embassy or consulate. The other route is to sign the SPA in person before a Philippine consular officer.
Viet Nam
The Apostille Convention came into force for Viet Nam on September 11, 2026, and Canada was not among the countries that objected, so it applies between the two. A giấy ủy quyền signed in Ontario can now take an apostille from Official Documents Services instead of legalization at the Vietnamese embassy. Vietnamese offices usually also want a Vietnamese translation, certified in Viet Nam, so ask the receiving office how it wants that done.
Other Times Someone Asks for a Notarized Power of Attorney
You can be asked for a notary inside Canada too, by an institution rather than by the law:
- Banks and investment firms. The OPGT notes that a person asked to recognize your attorney's authority may want to see the original or a notarized copy first. A notarized copy shows the original still exists, and because the notary compares the two before certifying the copy, it reduces the risk of fraud. That copy is a certified true copy, made from the signed original.
- Real estate. When an attorney signs closing documents for you, the real estate lawyer handling the deal may want a notarial copy of the power of attorney for the file.
- Another province. No apostille is needed inside Canada. Whether a bank or land office in another province accepts an Ontario power of attorney depends on that province's rules and the institution, and many ask for the original or a notarized copy.
The difference between a notarized copy, a certified copy and a witnessed copy is explained in notarial copy vs certified copy vs witnessed copy.
Common Mistakes to Avoid
- Signing with only two witnesses, then sending it abroad. The signatures are valid in Ontario, but no official can apostille them. The fix is a second signing in front of a notary.
- Using a commissioner of oaths. A commissioner's stamp looks official, but Official Documents Services refuses documents commissioned by a commissioner.
- Notarizing a scan. The apostille office needs the paper original with the wet-ink signature and seal.
- A seal on one page and the signature on the next. ODS needs every part of the notary's signature and seal on the same page.
- Using a family member as a witness. Your spouse, your child and the attorney's spouse cannot witness an Ontario power of attorney.
- Forgetting the country's own step. India's stamping window and a Vietnamese translation are needed after the apostille, not instead of it.
What a notary can and cannot do: A notary public checks your government photo ID, watches you sign, signs as one of your two witnesses if you need one, notarizes the document for use abroad, and makes certified true copies. A notary does not draft the power of attorney, advise you which format the other country accepts, assess your capacity formally, or issue the apostille itself, which only Official Documents Services can do. For drafting and advice, you need a lawyer.
How It Works with Minute Notary
Powers of attorney are signed in person, on a mobile visit to your home, a hospital or a care residence anywhere in Ontario. That suits a document going abroad anyway: the apostille office needs a wet-ink signature and seal on paper.
- Tell us where it is going. Contact us or call (613) 434-5555 with the country, the receiver, and whether it is an Ontario power of attorney or one written for the other country.
- Have the document ready, printed and unsigned. We can bring printing at $0.40 per page (black and white).
- On the visit: you show valid government photo ID, the notary checks that you understand the document and are signing freely, and you sign in front of the witnesses the document needs. The notary signs and seals it.
- The apostille: we pick the document up, file it with Official Documents Services, and return it to you. Ontario's office sets its own processing time.
For a signing at home or at the bedside, see our mobile notary for wills and powers of attorney guide.
Pricing
| Service | Fee | Note |
|---|---|---|
| Ontario power of attorney, witnessed | $115 for one, $200 for any two, $240 for a will and both powers of attorney | Notarized on request at the same visit |
| Power of attorney written for another country, notarized | $24.95 per seal | One seal per document |
| Mobile travel fee | $60 (up to 30 km from our nearest office in Ottawa or Toronto), once per trip | Not once per document |
| Apostille or authentication, filed for you | $119 for the first document, $39 for each additional document | Plus a $60 handling fee in Ottawa |
| Same-day rush pickup and drop-off | $100 | Does not make the apostille itself faster |
| Ontario Official Documents Services fee | $16 per notarized document | Paid to the Government of Ontario |
| Certified true copy of a signed power of attorney | $24.95 per seal | From the signed original |
Note: prices are before HST, and card processing is extra. The $60 travel fee is charged once per trip, not once per document, and covers up to 30 km from our nearest office in Ottawa or Toronto; beyond that, an additional travel fee applies. An additional charge applies for an additional witness. Apostille pickup outside Ottawa is quoted. Embassy legalization fees, for a country outside the Convention, are set by the embassy.
All fees are shown in full before you pay. See every posted rate on our pricing page.
Frequently Asked Questions
Does a power of attorney need to be notarized in Ontario?
An Ontario power of attorney does not need to be notarized to be valid: the Substitute Decisions Act, 1992 only requires you to sign it in front of two qualified witnesses who each sign as well (s. 10 for property, s. 48 for personal care). A notary can be one of those witnesses. Notarization becomes necessary when the document is going to be used in another country.
Does a power of attorney need to be notarized for use in another country?
A power of attorney going to another country usually has to be notarized, because the foreign authority wants an apostille, or an authentication plus embassy legalization, and Ontario's Official Documents Services only verifies the signature and seal of an Ontario notary public it has on file. It cannot verify your own signature or a private witness's, so the notary comes first and the apostille second.
Is a power of attorney valid if it is not notarized?
An unnotarized power of attorney is valid in Ontario if you signed it while capable, in front of two qualified witnesses who also signed; the Office of the Public Guardian and Trustee says no further step is needed and nothing is registered with the government. A bank may still ask to see the original or a notarized copy before it deals with your attorney.
Who can notarize a power of attorney in Ontario?
An Ontario notary public notarizes a power of attorney, and that includes a lawyer who is also a notary; a commissioner for taking affidavits cannot. For a document going abroad this decides everything, because Ontario's Official Documents Services refuses documents commissioned by a commissioner and checks the notary's name and seal against its records. The notary can also be one of the two witnesses.
How do I get a power of attorney apostilled in Ontario?
To apostille a power of attorney in Ontario, sign it in front of an Ontario notary public, who signs and seals it in wet ink, then file the paper original with Ontario's Official Documents Services, which charges $16 per notarized document. A country outside the Apostille Convention gets an authentication instead, then legalization at its embassy. We can pick up the document and file it for you.
Can a power of attorney be notarized online?
A power of attorney headed abroad is notarized in person at Minute Notary, with a wet-ink signature and seal, because Ontario's Official Documents Services authenticates paper originals only and refuses electronic copies. An Ontario power of attorney can be witnessed by video if one witness is licensed by the Law Society of Ontario (SDA s. 3.1); our practice is to witness in person, on a mobile visit.
Why does a bank ask for a notarized copy of a power of attorney?
A bank asks for a notarized copy of a power of attorney as proof that the original still exists and has not been altered: the notary compares the copy with the original before certifying it, which the Office of the Public Guardian and Trustee says reduces the risk of fraud. It is the bank's requirement, not the Act's. A certified true copy with us is $24.95 per seal.
How much does it cost to notarize a power of attorney?
Signing an Ontario power of attorney with us is $115 plus HST, or $200 for both kinds, and a power of attorney written for another country is notarized at $24.95 per seal; a mobile visit adds a $60 travel fee once per trip. Filing the apostille for you is $119 for the first document and $39 for each additional one, plus a $60 handling fee and the $16 government fee.
Final Recommendation
If the power of attorney stays in Ontario, do not pay for a notarization you do not need: sign it in front of two qualified witnesses and keep the original safe. If there is any chance it will be used in another country, sign it in front of a notary from the start, so the apostille can follow without a second signing. Ask the receiver what it wants before the visit, and allow time for Official Documents Services and, outside the Convention, the embassy.
Book Your Appointment
Signing a power of attorney for use abroad, or one that stays in Ontario? Minute Notary witnesses and notarizes it in person, on a mobile visit, and can file the apostille for you.
- Contact us: Ask a question or request a visit
- Call: (613) 434-5555
- Power of attorney signing: Witnessed and notarized on a mobile visit
- Apostille: Filed with Official Documents Services for you
- Related guide: How to apostille a document in Ontario
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Substitute Decisions Act, 1992 (Ontario), ss. 3.1, 10 and 48
- Office of the Public Guardian and Trustee: Powers of Attorney, Questions and Answers (PDF)
- Government of Ontario: Make a power of attorney
- Government of Ontario: Authenticate a document for use outside Canada (Official Documents Services)
- HCCH: Apostille Convention status table
- Global Affairs Canada: Document authentication
This article was written using AI.
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About the author
Kai Mai
Co-founder & Chief Technology Officer, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.