Google/Search Engine Notary?

Why do you not recommend Googling (or use of search engine) for legal information?

You and I both engage on searching for information online on a daily basis. Google (or any other search engine) is not a bad place to start – to get some ideas, to find authoritative sources, and for generic reading purposes. However, search engines do not provide you with legal advice. Indeed, there are numerous studies published in academic journals that assessed the misinformation out on the internet to be a serious problem.

Without going into the depth of constitutional law matters – simply stated, the work of notaries are generally in the sphere of provincial laws. For example, land title and transfers, Wills, powers of attorney are all matters that are controlled by the provincial government.

You may search for some information online, with respect to Wills. However, you may end up with information that is from another province, state or even country. For example, if you search “witnessing wills”, your information could come from Toronto, Australia, United Kingdom or New Zealand. If you follow those advices, you may very well end up with a defective will.

Alternatively, you may get outdated information. In British Columbia, the Wills, Estate and Succession Act came into force on March 31, 2014. Even if you search specifically for information related to British Columbia, you could end up with information on the previous legislation that has since been repealed (i.e. Wills Act).

If you have a serious medical issue, you wouldn’t rely on the internet to diagnose you. So I ask you – why would you rely on the internet to solve your legal issues?

There are some reputable websites, referral sources, etc on my resource page. Again, the resources out there are not meant to replace independent legal advice.

The urban myth

We charge an exorbitant amount of money just to put our seal and signature on your document

I hear this quite frequently, so let me explain.

First, just like any business or services (whether it is food, apparel or healthcare), we have to ensure we earn enough from each transaction to cover our costs. Simply put, it costs over $30,000 from the beginning of the application process all the way to the point we get our commissions. We are also required to pay annual membership and insurance fees, as well as overhead costs such as lease, staffing, accounting services, continuing legal education, taxes, equipment, utilities, etc.  Of course, we have bills to pay - just like you, our client.

Second, as you would with any purchase decisions, you are welcome to get quotes from other notaries or lawyers for the service you required. We try to price competitively, but of course, it would be up to you, the consumer, to decide who you choose to use.

Third, and most important of all, we are not merely seeing you sign a document, and applying our seals. In the event anyone question the authenticity of the document, or question whether you had the mental capacity to sign the document, we are called to task to courts, or other government agencies to justify our actions. You might believe you are signing a “simple” document, but as legal professionals, we look at the document to ensure there are no serious deficiencies in drafting, the document is reasonably appropriate for the result you wanted to achieve, and most importantly, you understand what you are signing. If you present us a document that is poorly drafted (i.e. Do-It-Yourself kits or online templates that are not appropriate), we simply will not notarize the document.

Imagine this: You signed a particular document in front of me, for which its authenticity is later questioned. You have died in the interim – who would be called to court to testify the document was signed properly? I do. As required by the rules of my regulator, I am required to keep copies of the signed document for a length of time (from 2 years, up to 10 years after your death, depending on the nature of the document). [1] As such, there are costs involved – storing/retrieving the documents, time away from my office, and the preparation needed before attending the inquires.

In summary, my professional dues, overhead costs and liabilities contribute to my pricing structure. You, as the consumer, are free to decide whether my service fits your needs.

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[1]  Rule 17 of the Society of Notaries Public of British Columbia

The mighty notarial seal?

I want you to put your seal on this document – why wouldn’t you?

First, was notarization required in the first place? If the document you had in hand did not specify the need for notarization, it probably does not need to be sealed. You are more than welcome to consult with your notary/lawyer, but do read below.

There is a general misconception that the public have with respect to notarial seals. Our notarial seals do not have magic powers, and having our seal on the document will not make the document somehow more powerful. Notaries are trained to determine when the application of the seal is required. If you bring us a legally defective document (i.e. affidavits that lack the proper wordings, or formatting), we will not swear the document, nor seal the document.

If you will indulge me, our notarial seals are like firearms to a law enforcement officers, or prescription pads for healthcare professionals. Before we use our seals (or firearms/prescription pads per the above analogy), we exercise our professional judgement as to whether the document is suitably drafted. Just like law enforcement officers and healthcare professionals who are called to court, or their regulatory bodies for inquiries as to why they choose to use their tools of trade, we are also subject to the same scrutiny. If we do not believe the document should be notarized, it is because we arrived at that conclusion based on our professional judgement.

 I have listed a few reasons below (by no means exhaustive):

·       You didn’t have the proper identifications (at least two pieces of identification, one must be a valid government-issued identification) for us to ensure you are who you say you are. [1]

·        If you brought us a document in a language that we don’t understand – we will most likely refer you to a notary or lawyer that can understand that language

·        You don’t understand what it is you brought to us, or do not understand the consequences of signing the document. [2] 

·       Your document is legally ineffective. This could be due to improper drafting, incorrect use of legal languages, or simply because the document you had in mind is not something that can be properly made into the form you wanted.

·        You did not appear in person to meet with us. We cannot notarize documents over the phone, fax or email.

·        You are a Freeman-of-the-Land (FOTL), or formally known as the Organized Pseudolegal Commercial Argument Litigant (OPCAL), and you brought us demands, protests or other legally ineffective documents for us to notarize.[3]  Both the Law Society of BC and the Society of Notaries Public of BC have warned their members not to notarize such documents, or face disciplinary actions that could lead to losing our license to practise law. [4] As notaries, we cannot help to make your tax or criminal problems go away, nor can we help you sue or defend you in court. If you have such a need, you should consult with a lawyer about the proper course of action.

·       You refuse to swear an oath or affirm the declaration, when it is required for the purposes of the document.

·        We have reasons to believe you intend to perjure yourself in an affidavit or statutory declaration. Perjury is a Criminal Code of Canada offence, and carries a maximum penalty of 14 years in penitentiary.

·         We have reasons to believe the document is being used for improper or illegal purposes.[5]

·        We have reasons to doubt whether you are signing the document willingly, without being coerced or induced into signing before us. [6]

 

·        The document is incomplete, or blank. [7]

·        The document is beyond our competence as notaries.[8] Criminal or family matters must be dealt with by lawyers.

·        Other matters that our professional judgement have determined not to notarize the document.

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[1]  Principles for Ethical & Professional Conduct (3G-1), Society of Notaries Public of British Columbia

[2]  Principles for Ethical & Professional Conduct (4G-3) , Society of Notaries Public of British Columbia

[3]  Principles for Ethical & Professional Conduct (2G-2) , Society of Notaries Public of British Columbia

[4]  The Freeman-on-the-Land movement. (2012, January). Practice Tips. Retrieved July 15, 2014, from http://www.lawsociety.bc.ca/page.cfm?cid=2627

[5]  Principles for Ethical & Professional Conduct (2G-1) , Society of Notaries Public of British Columbia

[6] Principles for Ethical & Professional Conduct (3G-1), Society of Notaries Public of British Columbia

[7]  Principles for Ethical & Professional Conduct (2G-1) , Society of Notaries Public of British Columbia

[8]  Principles for Ethical & Professional Conduct (4-G2.1) , Society of Notaries Public of British Columbia

Paralegals vs. Commissioners for taking Affidavits

Paralegals assist lawyers in drafting documents, providing substantive law and research assistance and assemble documents and witnesses for court trials. [1]  While paralegals are educated in certain procedural and substantive law areas, and play an important role in assisting lawyers in their course of business, paralegals are not regulated in British Columbia. Unlike paralegals in Ontario who are licensed by the Law Society of Upper Canada, paralegals in BC are not required to register with any regulatory body and thus, cannot act independently from a supervising lawyer. [2]

The Law Society of British Columbia allows each lawyer to designate up to two paralegals as “designated paralegal”, on a trial basis until 2015. [3] These “designated paralegals” can make limited appearance in courtroom if the supervising lawyer files an affidavit to support the paralegal to appear on his/her behalf. They may also give legal advice to clients, again, subject to the supervising lawyer’s approval. [4]

A Commissioner of taking affidavits (known as Commissioner of oaths in other jurisdictions) is empowered by law to administer oaths. Judges, lawyers, notaries public automatically become Commissioners for taking affidavits for British Columbia when they assume office. [5]  Other officials such as police officers are also commissioner for taking affidavits, but they are only allowed to use that status for official police purposes. As such, you cannot ask a police officer to witness your documents. [6] Similarly, you cannot take a document to the court registry or courthouse for swearing, if the document is not for a matter before the courts. [7] Certain individuals, who for employment or volunteer-related business, requires them to administer oath or witness signatures can apply to the Ministry of Justice to be appointed as a Commissioner for taking affidavits. However, these appointments are limited in duration, scope and their activities are restricted only to the work or volunteer organization’s needs. [8]

Neither a paralegal nor commissioner can undertake notarial acts. They cannot sign documents for use outside of the province, nor can they provide certified true copies or other restricted legal work by notaries or lawyers.

	Lawyers	Notaries Public	Paralegals
Legislated Scope of Practice	Legal Profession Act, SBC 1998, c9	Notaries Act, RSBC 1996, c334	Not Applicable [9]
Education	Law Degree (JD or LLB)	Graduate Degree since 2008 (Master of Arts)	A college certificate, diploma or degree[10]
Admitted by	Supreme Court of BC	Supreme Court of BC	Not Applicable
Regulated	√	√	X
Independent Practice	√	√	X
Liability Insurance	√	√	X (Liability rests with lawyer)
Court Appearance	√	X	√ (limited - designated paralegals only)
Notarial Acts	√	√	X
Impersonation	Offence under LPA, subject to fines/imprisonment [11]	Offence under NA, subject to fines [12]	Not Applicable

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[1] 4211 Paralegal and related occupations. (2014, July 14). Quick Search. Retrieved July 14, 2014, from http://www5.hrsdc.gc.ca/noc/english/noc/2011/quicksearch.aspx?val65=4211

[2] Chapter 12, Professional Conduct Handbook (Law Society of British Columbia)

[3] Law Society Rules (Rule 2-9.2)

[4] Paralegals. (n.d.). Paralegals. Retrieved July 14, 2014, from http://www.lawsociety.bc.ca/page.cfm?cid=2582

[5] S.60 Evidence Act, RSBC 1996, c124

[6] Commissioner for Taking Oaths and Affidavits. (2009, May 11).  Retrieved July 14, 2014, from http://www.transitpolice.bc.ca/~/media/transit%20police/operational%20policies/ob340%20%20commissioner%20for%20taking%20oaths%20and%20affidavits%20tp090511.ashx

[7] Commissioners for Taking Affidavits. (2012, November 15). . Retrieved July 14, 2014, from http://www.courthouselibrary.ca/ItemDetails.aspx?Source=Asked+%26+Answered&ID=4951c8ec-fe53-607b-975f-ff0000fad974

[8] Applying for an Appointment as a Commissioner for Taking Affidavits. (n.d.). Applying as a Commissioner for Taking Affidavits. Retrieved July 14, 2014, from http://www.ag.gov.bc.ca/commissioners/applying.htm

[9] Paralegals. (2012, December 12).  Retrieved July 14, 2014, from http://www.welcomebc.ca/welcome_bc/media/Media-Gallery/docs/occupationalguides/paralegal.pdf

[10] Education & Scholarship. (n.d.). BCPA. Retrieved July 14, 2014, from http://www.bcparalegalassociation.com/education.html

[11] S.15(4) Legal Profession Act, SBC 1998, c9

[12] S.48(2) Notaries Act, RSBC 1996, c334

Notary vs. Lawyer

Why should I choose you over lawyers?

Good question, and frankly, it is a personal preference. Some clients are more comfortable dealing with lawyers (who, by virtue of the laws in BC, are also notaries public), while others are more comfortable dealing with notaries. With that said, we do provide a more personal service that you might not get in a large law firm with paralegals, legal assistants, secretaries and lawyers involved.

Some notaries may charge you less for the same legal service, while others, as in any competitive business, charge a similar rate. It would be up to you, the client, to do some homework if you want to find a legal services provider that fits your budget.

The one advantage of using a notary is our insurance coverage. We have $10 million dollars professional liabilities insurance policy in place, as required by our regulator, for all members of the Society of Notaries Public of BC.  In comparison, members of the Law Society only carry $1 million dollars professional liabilities policy. We also have insurance to cover funds entrusted to us by our clients, in the event of misappropriation or other criminal activities. Finally, the Notaries Act specifies a special fund to be in place in the event of claims for compensation arises from the misappropriation of money by notaries.

Where a notary cannot help you, he/she may refer you out to a lawyer, accountant, or other professionals as required in the circumstances. Likewise, your lawyer may refer you to a notary for work that we can do on our end.