The Importance of Original Documents in Certification and Certified True Copies in Ontario

In today's fast-paced world, where documents play a crucial role in legal, immigration, educational, and professional processes, ensuring their authenticity is paramount. One common practice to protect valuable originals while still providing verifiable duplicates is through certified true copies. In Ontario, this process is governed by specific laws and requires the presentation of original documents—either in hard copy or, in certain cases, digital versions from reliable sources. This blog post aims to educate the public on why originals are essential, how the certification works under Ontario notary laws, and best practices to avoid common pitfalls. Whether you're preparing for immigration applications, real estate transactions, or academic submissions, understanding this can save you time, money, and potential legal headaches.

What Is a Certified True Copy?
A certified true copy is essentially a photocopy or duplicate of an original document that has been verified and authenticated by an authorized professional, such as a notary public, lawyer, or commissioner of oaths. The certification confirms that the copy is an exact and accurate reproduction of the original document. It does not, however, validate the content or authenticity of the original itself—only that the copy matches what was presented.

Common documents that often require certified true copies include:

Identification (passports, driver's licenses, birth certificates)
Educational credentials (diplomas, transcripts)
Legal papers (wills, powers of attorney, affidavits)
Immigration documents (visas, citizenship papers)
These copies are widely accepted by government agencies, courts, employers, and foreign embassies as substitutes for originals, helping to prevent loss, damage, or theft of irreplaceable documents.

Ontario Notary Laws on Certified True Copies
In Ontario, the authority to create certified true copies stems from the Notaries Act, R.S.O. 1990, c. N.6. Under section 3(1)(b) of the Act, a notary public is explicitly empowered to "certify and attest a true copy of a document." This makes notaries the primary professionals for this service, though lawyers (who are often commissioned as notaries in Ontario) and certain commissioners for taking affidavits may also perform it under specific circumstances.

The Act emphasizes the notary's role in maintaining integrity in document handling. Importantly, notaries must adhere to territorial restrictions and any conditions in their appointment. While the law allows for some flexibility in remote notarization under regulations (section 3(3)), traditional certification of true copies typically requires in-person verification to ensure accuracy.

Commissioners for taking affidavits, governed by the Commissioners for Taking Affidavits Act, do not inherently have the power to certify true copies unless specified in other legal contexts. If you're unsure, consulting a licensed notary is always the safest bet.

The Critical Role of Original Documents
The cornerstone of the certification process is the original document. Why? Because certification involves a direct, side-by-side comparison to confirm that the copy is identical in every detail— including text, signatures, stamps, seals, and any security features. Without the original, this verification is impossible, rendering the copy invalid for legal purposes.

In Ontario, clients must present either:

The original hard copy: This is the physical document, such as a paper birth certificate or passport. The notary physically inspects it for authenticity markers (e.g., watermarks, holograms) and ensures the copy matches exactly.

A digital version from a reliable and verified source: For "born-digital" documents (those created electronically, like e-diplomas or government-issued PDFs), certification may be possible if the digital file is from an official, verifiable source (e.g., a university portal or government website). However, many organizations still prefer or require in-person certification, and not all notaries offer digital services due to verification challenges.

Scans, emails, or photographs alone are insufficient because they don't allow the notary to assess the document's physical integrity or confirm it's unaltered. This in-person requirement helps prevent fraud, such as forged copies or manipulated digital files.

Physical vs. Digital Originals: Navigating the Options
While traditional hard copies dominate certification requests, digital originals are increasingly common in our paperless society. For instance:

Physical originals: Must be brought to the notary for inspection. This is standard for IDs, diplomas, and legal papers. The process ensures no alterations have occurred.

Digital originals: Acceptable if they originate from trusted sources, like official government databases or secure portals. Some online notary services in Ontario now certify digital true copies virtually, but acceptance varies—immigration authorities or foreign governments may not recognize them.
Always verify with the receiving party (e.g., IRCC for immigration) if a digital certified copy suffices. In cases where electronic documents are authenticated, notaries may use digital signatures and seals compliant with Ontario's electronic commerce laws.

Why Originals Matter: Preventing Fraud and Ensuring Compliance
Requiring originals isn't just a formality—it's a safeguard:

Authenticity and Fraud Prevention: By examining the original, notaries can spot fakes, alterations, or inconsistencies that digital scans might hide. This protects institutions from accepting invalid documents.
Legal Compliance: Submitting uncertified or improperly certified copies can lead to rejected applications, delays, or legal issues. For example, in real estate closings or court proceedings, only properly certified copies hold weight.
Protection of Originals: Using certified copies allows you to keep originals safe at home, reducing risks of loss during transit or handling.
Public Trust: The process upholds the integrity of Ontario's legal system, ensuring documents are reliable for everyone involved.
Without originals, the certification loses its value, potentially leading to costly errors.

How to Get a Certified True Copy in Ontario
Gather Your Documents: Bring the original and high-quality photocopies (or digital files from verified sources).

Find an Authorized Professional: Contact a notary public, lawyer, or commissioner (use directories like the Law Society of Ontario).
Attend In-Person (or Virtual for Digital): The notary will compare and certify, adding their stamp, signature, and details.

Pay the Fee: Typically $20–$50 per document, plus travel for mobile services.
Verify Acceptance: Confirm with the recipient if the certified copy meets their requirements.
For mobile notaries like those at New Horizons Notary Services, convenience is key—we come to you in Toronto and the GTA.

Conclusion
Original documents are the bedrock of certified true copies in Ontario, ensuring accuracy, legality, and trust. Whether hard copy or digital from reliable sources, presenting the original allows notaries to fulfill their duty under the Notaries Act and protect all parties involved. By understanding this process, you can navigate legal requirements confidently and avoid common mistakes. If you need assistance with certifications, consult a professional notary to safeguard your documents today.

This blog is for educational purposes only and not legal advice. Always consult a qualified professional for your specific needs.