Notary Public

Learn the role of a notary public in Canadian real estate transactions, especially in Quebec and BC, and how they help certify legal documents.

Notary Public

May 22, 2025


What is a Notary Public?

A notary public is a legal professional authorized to witness, certify, and prepare documents commonly involved in real estate transactions, especially in provinces like Quebec and British Columbia.

Why Notary Publics Matter in Real Estate

In Canadian real estate, notaries play a key role in ensuring that legal documents — such as purchase agreements, property transfers, and mortgage contracts — are properly executed and legally binding.

While lawyers are often used in most provinces, notaries handle many real estate closings in Quebec and parts of British Columbia. Their responsibilities may include:
  • Verifying identity and signatures
  • Drafting and registering legal property documents
  • Managing title transfers and mortgage registration
  • Holding funds in trust for closing
Using a notary public can be a more cost-effective alternative to a lawyer in some transactions. However, notaries generally cannot represent clients in disputes or provide the same breadth of legal advice as a lawyer.
Choosing a qualified notary ensures that your transaction proceeds smoothly, with accurate documentation and legal compliance, particularly when buying or selling property in regions where they are standard.

Example of a Notary Public in Action

A buyer in Montreal hires a notary public to finalize their condo purchase, ensuring all documents are correctly registered with the provincial land registry.

Key Takeaways

  • Certifies and drafts real estate documents.
  • Common in Quebec and parts of B.C.
  • May replace a lawyer in standard closings.
  • Handles legal registration and fund transfer.
  • Essential for document validity and compliance.

Related Terms

Additional Terms

Recourse Loan

A recourse loan is a type of loan where the lender can pursue the borrower’s personal assets, beyond the collateral, in the event of default.. more

Pari Passu

A pari passu clause is a contractual provision ensuring that multiple creditors share equally in repayment priority from the borrower’s assets.. more

Non-Recourse Loan

A non-recourse loan is a type of loan where the lender’s only remedy in case of default is to seize the collateral property; the borrower is not. more

Net Operating Income

Net operating income (NOI) is the total income generated by a property after operating expenses are deducted but before taxes and financing costs.. more

Mechanic's Lien

A mechanic’s lien is a legal claim by a contractor, subcontractor, or supplier for unpaid work or materials provided for a property.. more

Lis Pendens

Lis pendens is a legal notice filed in the land registry indicating that a property is subject to ongoing litigation that may affect its title.. more

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