Because I’m bilingual, I’m often asked to translate and notarize legal documents.
However, translating and notarizing the same documents, although technically permissible in law, may nonetheless raise some eyebrows because of the appearance of a conflict of interests.
The problem is this: many of the notarized documents are destined for use in foreign jurisdictions. You never know what the officials in a foreign jurisdiction might have to say about a document translated and notarized by the same person.
On the one hand, as a translator I’m required to translate each document accurately. On the other, as a notary public I exercise the statutory power of “drawing, passing, keeping and issuing all deeds and contracts, charter-parties and other mercantile transactions in Ontario, and also of attesting all commercial instruments” that may be brought before me for public protestation.
Therefore, I always tell my clients to hire someone else for the translation before bringing the document to my office for the notarization. Better safe than sorry.
If the translator is a professional (i.e., court-registered and/or approved by the Attorney-General), he or she should certify that the translation is truthful and accurate and provide his or her name, company name, and contact information.
If the translator is someone who is fluent in both languages but is not a professional (e.g., a friend), the translator should swear or affirm an affidavit that he or she understands both languages and has translated the documents truthfully and accurately. The affidavit must be sworn or affirmed before a lawyer, notary public, or commissioner of taking affidavits.
If you require notarization, please call me at 416-433-5531 for an appointment.
