Notaries in the United States versus notaries in Canada – what’s the difference?

US Notaries

In the United States, almost anyone can write a test to become a notary public for the state in which they reside or, in some states, where they do business, and the fees they charge are set by the government.

In New York State, for instance, the term for a notary public is four years, and it can be renewed with a re-application and a renewal fee. The amount a notary can charge to commission an oath or to provide proof of execution is limited to no more than $20.

In Florida, all notaries must complete a three-hour course and have a notary bond. Notaries must also provide an ‘affidavit of character’ and be legal residents of Florida during their four-year term. Florida notaries are allowed to charge a maximum of $10 for most services.

California requires that prospective notaries take a six-hour course and write a state exam, as well as pass a background check before receiving their four-year commission. They must also be legal residents of California and be at least 18 years of age. The maximum fees set by the State of California range from $5 to $20 for most services.

Canadian Notaries

In Canada, the majority of notaries are barristers and solicitors.

To become a lawyer in Ontario, you require a law degree from an accredited law school; you must pass the bar exam run by the Law Society of Upper Canada; and you must article under a licensed lawyer.

There are a few exceptions to this rule: those who require to be a notary public to fulfill the needs of their employment, such as senior government officials, patent and trademark agents, those who work in Ontario-registered corporations involved in international or inter-provincial trade, or individuals employed by head offices of national or provincial unions that engage in out-of-province business, can apply for a three-year commission.

However, non-lawyer notaries are not permitted to run a notary business, nor can they expand their business to include external notary services. Ontario does allow individuals to become commissioners of oaths in order to commission affidavits and declarations, but their powers are limited.

Since the majority of notaries in Canada are lawyers, there are no fee restrictions. As such, Canadian notaries are free to charge whatever they wish.

Red Seal Notary is staffed by a team of highly qualified and experienced lawyers, notaries public, commissioners of oaths, and legal assistants. At our walk-in locations, fees start at $49 for the first notarization and only $10 each for any subsequent notarizations.

To schedule an appointment with Red Seal Notary, please call 1-888-922-7325 or complete our online appointment request form located here.

We look forward to serving you.