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

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Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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