Canada: Accession to Hague’s Apostille Convention
May 17, 2023
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At a Glance
- Canada will join the Convention Abolishing the Requirements of Legalization for Foreign Public Documents, commonly referred to as the “Apostille Convention” or the “Hague Convention”, on January 11, 2024.
- Canada’s accession to the Apostille Convention will allow documents originating in Canada, such as education certificates, birth and marriage certificates, and corporate records, and those legalized according to the requirements of the treaty, to be accepted in the other member countries.
- The new process streamlines recruitment and immigration processing for employers and foreign nationals in Canada by reducing processing times and lowering the cost of document legalization by avoiding complicated legalization steps at consulates. It also streamlines immigration processes for Canadian nationals in other Hague member countries. However, individuals should expect temporary delays as the new process is implemented across consulates.
The situation
Global Affairs Canada has announced that Canada will join the Convention Abolishing the Requirements of Legalization for Foreign Public Documents, commonly referred to as the “Apostille Convention” or the “Hague Convention”, on January 11, 2024.
A closer look
The new process will allow documents originating in Canada, such as education certificates, birth and marriage certificates, and corporate records, and those legalized according to the requirements of the treaty, to be accepted in other Hague member countries.
Impact
- Streamlined processing. Over 200,000 Canadian public documents are authenticated every year. The new process will streamline recruitment and immigration processing for employers and foreign nationals in Canada by reducing processing times and lowering the cost of document legalization by avoiding additional certification or legalization at a consulate. It will also streamline immigration processes for Canadian nationals in the other Hague member countries.
- Possible implementation delays. During the implementation of new apostille processes in accordance with the treaty, individuals should expect that temporary delays may occur in Canada when obtaining such documents and with the acceptance of apostilled documents at Canadian consular posts in other Hague member countries.
Background
- Original convention. The Apostille Convention was established in 1961 to facilitate the use of public documents abroad. It abolishes the traditional, often lengthy, requirement of legalization, replacing it with a one-step attestation process through the issuance of a single Apostille certificate by a competent authority.
- Electronic program. In 2006, the Hague Conference on Private International Law launched an electronic Apostille Program (e-App) to support the electronic issuance and verification of Apostilles around the world.
Looking ahead
Until January 11, 2024, Canadian documents will continue to be authenticated according to the specific legalization requirements of their countries of destination. According to Global Affairs Canada, more information about the changes will be made available before the convention comes into effect.
It is currently unclear if Canada will also adopt the e-App Program (the electronic Apostille Program that allows electronic issuance and verification of Apostilles around the world).
Fragomen will report on related developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
