Cash or email transfer is accepted for payment of notary fees. However, a bank draft, electronic funds transfer (EFT), wire transfer is required for real estate transactions greater than $2500.

Currently I do not offer it. If you require a certified translation, you need to find a translator who is certified by the Society of Translators and Interpreters of BC: www.stibc.org.

Many people may not know whether they would choose a lawyer over a Notary, they may end up choosing a lawyer simply because

· They have only heard about lawyers, but not Notaries;

· They believe it is better to use a lawyer in a transaction, since if things go sideways, they will have the lawyer to represent them in court;

· A lawyer may have much more expertise in the services they need.

However, it may not be the case. Notaries are also legally trained legal professionals. Many of us have diversified backgrounds other than legal services that may be a big plus to the services we provide. A lawyer, who can legally represent a client in court, does not necessarily mean that they have the expertise or experience to do so, especially if it is not his/her main practice.

BC Notaries are experts in the areas we choose to practice. For instance, if we act for you in a residential real estate transaction, we will be able to identify issues and deal with them before they become problems. If we encounter a situation where litigation or another expertise is necessary, we have a network of trusted referral partners, including but not limited to lawyers, accountants, realtors and bankers, who has expertise in the needed area.

What are your hours of operation? Are you available on weekends?

Normal business hours are Monday to Friday, from 8AM to 6PM. Please use our online booking form to book an appointment or give us a call ahead of time to minimize wait times. Weekends and Evening appointments (starting at 6PM) are available, but additional charges may apply.

A Notary Public (also known as a Notary), is a trained professional who can provide non-contentious legal services to the public.

BC Notaries are governed by the Notaries Act of BC and the discipline of their professional society. The position of Notary as a member of one of the branches of the legal profession is sanctioned and safeguarded by law.

The tradition of Notaries goes back over 2000 years — to the dawn of recorded history. Notaries laid down the Codex Hammurabi, the oldest evidence of recorded law. Notaries were also employed by the Catholic Church to guide the light of civilization through the Dark Ages. The Notary’s reputation for trustworthiness meant that documents retained a stable reliability throughout centuries of upheaval. At that time, notaries were wise and trusted members of society. Their role was to oversee transactions and guarantee their fairness.

The role has since evolved into a professional service, but its essence is still the same. Notaries still guarantee the fairness and legality of transactions.

BC Notaries have professional standards dictated by the Notaries Act of BC. They also are governed by the rules, by-laws and best practices of; and are members of The Society of Notaries Public of British Columbia.

Even though both BC Notaries and lawyers are in legal services profession, Notaries do not represent clients in court and get involved in litigation. In British Columbia, Notaries’ work is restricted to non-contentious matters. For example,

Ø Notarization, a general term that may include many different cases, please refer to Services provided for more details;

Ø Real Estate related transactions, such as purchase and sale, transfers, mortgages, and refinancing, and contracts, such as purchase/sale of a business. In these cases, all parties involved have already reached an agreement.

Ø Documents for personal use, such as Power of Attorney (POA), wills, Representation Agreement, and more.

Another difference between lawyers and notaries is about their training.

Lawyers need an undergraduate degree and then a law degree. In addition, they must pass a provincial examination and article at a law firm for a year before they can practice.

Currently, in addition to an undergraduate degree, BC Notaries need to obtain a Master degree, a program offered as Applied Legal Studies, and write statutory exams administered by provincially appointed examiners. With initial education program, mentorship, and continuing education, BC Notaries are very well trained in the areas we practice.

Our office requires you to bring in two pieces of identification one of which (as the primary) is a government-issued photo ID that includes the person’s name, current address, and signature; and the other piece (as the secondary) bearing your name and signature.

The primary identification must be a current (NOT EXPIRED) government issued photo ID. The following are examples that may be used as a primary ID:

• Passport
• Driver License
• BCID
• Citizenship Card
• Permanent Resident Card

The secondary identification may be:

• BC Care Card
• BC Service Card
• SIN card
• Credit card issued by a major Canadian financial institution
• Bank card issued by a major Canadian financial institution

If you required a certified true copy of an original document, in addition to the identification requirements, we will also need to see the original document (NOT a photocopy of the original document).

I will notarize any document that is required to be witnessed by a Commissioner or Notary Public in and for the Province of British. These documents typically include:

· Affidavits

· Statutory Declarations

· Certified True Copies

· Travel Consent Letters for Minor Children

· Name Change Form

· Insurance Loss Declarations

· Letters of Invitation for Foreign Travel

· Passport Application Documentation

· Documents to be Registered at Land Title Office

The above list is not exhaustive. Please contact us to inquire.

When conducting a notarization, the Notary is administering an oath, affirmation or declaration. Therefore, the Notary must be satisfied as to the identity of the person swearing or affirming the document. The Notary must also be satisfied that the client making the declaration or oath fully understands the contents of the document before she will complete the notarization of the document.

Yes I can help you with that. If you have made improvements on someone’s land and have not been paid for that work, a Builders Lien may be registered against the title to the land (pursuant to the Builder’s Lien Act). Please provide me with the details of the work provided and the legal description of the land.

As a buyer, it is prudent to fully understand all of the available information provided on the title to the land. There may be charges registered on the title that could restrict what you can do with the land or where on the land that you can erect a structure. If your realtor cannot provide you with this information, please feel free to contact me and I could do the research for you.

Please ask your realtor to send a copy of the sales contract to my office. Please also advise if you have a mortgage to be paid off.

Please ask your realtor to send a copy of the purchase contract to my office. If you have a mortgage, please also ask the lender or broker to send the mortgage instructions. It is greatly appreciate if we could receive the purchase contract and mortgage instruction as soon as possible.

Two or more persons may be registered on title at the Land Title Office as either “Joint Tenants” or “Tenants in Common”.

When the owners of the land are registered as Joint Tenants and one of those owners dies, the deceased’s interest in the land automatically passes to the remaining Joint Tenants. This is also known as the right of survivorship.

If the owners of the land are registered as Tenants in Common and one of those owners dies, the deceased’s estate must be probated and the land is distributed in accordance with the wishes of the deceased as set out in the will if there is one. If there is no will, the distribution is governed by the Wills, Estates and Succession Act.

When purchasing a property, it is important that you understand the other costs involved. Other costs may apply:

·       Legal fees

·       Title Search Fee

·       Appraisal Fee  

·       Land Title Registration Fee

·       Property Transfer Tax  

·       Prorated Property tax  

·       Prorated Utility Charges

·       Prorated Rental Payments (if purchasing a rental property)

·       GST (new development)

·       Survey Certificate fee (purchase with mortgage; normally upon lender’s request)  

·       Title Insurance fees (normally upon lender’s request)  

·       The Cost of Certificates and Other Documentation Fee (if purchasing a strata unit)

·       Prorated Maintenance Fee (if purchasing a strata unit)

·       Moving in and out fee (if purchasing a strata unit)

·       Insurance Binder Fee

·       Courier fees

The mortgage must be secured by registering it against the title at the Land Title Office. The lender will not release the funds until we (as Notaries) provide evidence that the charge was registered at the Land Title Office.

Pursuant to Power of Attorney Act of BC, a Power of Attorney will end in any of the following ways:

·       Once the adult dies (who grants power to his/her attorney)

·       If the adult revokes it

·       After three years, unless the Power of Attorney is enduring or if there is an expiry date explicitly stated in the Power of Attorney

·       If the Power of Attorney is terminated by an act of the court

·       If the attorney resigns (in accordance with section 25 of the Power of Attorney Act)

·       If the attorney:

Ø  resigns (in accordance with section 25 of the Power of Attorney Act)

Ø  is the adult’s spouse and their marriage or marriage-like relationship ends

Ø  becomes incapable or dies

Ø  is bankrupt

Ø  is a corporation and the corporation dissolves, winds up or ceases to carry on business

Ø  is convicted of a prescribed offence or an offence in which the adult was the victim

The original of your Power of Attorney is required by the Attorney when s/he needs to act on your behalf. You can give the document to your Attorney now, or inform him/her of the location of the document. In any case, it should be kept in a safe place.

The original Power of Attorney may be filed in the Land Title Office for future use. The Registrar of Land Titles will, if you wish, make a certified true copy for the filing and give the original back to you.

You can choose almost anyone to be your Attorney. It must be someone that you can really trust as that person will be authorized by you to deal with all financial and legal affairs that you can do on your own.

Pursuant to Power of Attorney Act of BC, an attorney must:

·       be at least 19 years of age (must be an adult)

·       not be someone who provides personal care or health care services to the adult for compensation, unless that person is your child, parent or spouse

·       not be an employee of a facility in which the adult resides and through which the adult receives personal care or health care services, unless that person is your child, parent or spouse

It will depends on whether it meets the requirements of the Power of Attorney Act of BC. Please allow me to review it so that I will be in a better position to advise.

No. A Power of Attorney issued by a financial institution is only operative for the specified transactions performed within that institution. For dealings outside that institution, you will require a Power of Attorney that is made pursuant to the appropriate legislation. I can assist you in preparing a Power of Attorney based on your needs.

A Will only takes effect upon one’s death. In contrast, a Power of Attorney is only effective while one is alive.

Yes, you can. You must specify in your Power of Attorney that whether you want these Attorneys act together or may act separately.

Generally, your attorney can do almost everything that you can do in terms of dealing with legal and financial affairs. Alternatively, you can specifically state in the Power of Attorney that what powers you would grant to your attorney.

Please keep in mind that the attorney CANNOT make a Will for you nor modify anything in the Will for you. Your attorney cannot make health care and personal care decisions for you either. You may appoint someone to make those decisions on your behalf by way of a Representation Agreement. This agreement is created to ensure that your wishes for health care and personal care are met.

The original of your will is required for probate. You should keep your will in a secure and place. Please keep in mind that your executor is aware of the location and has access to your will when needed.

The Vital Statistics Agency maintains a wills registry in BC. You can choose to file a notice with the registry specifying the location of your will.

Yes. Any changes to your wishes or changes to your current marital status will result in the necessity of a new Will being drafted.

Your Will must be signed by you and your signature must be witnessed by two persons who are at least 19 years of age. You and your witnesses must be present when the Will is signed and observe each other signing.

Your witnesses must not be someone that will benefit from your Will, either directly or indirectly.

1.     Remember to bring any previous Wills you have made

2.     Provide us with your full legal name and address

3.     Think of who you wish to act as your Executor (your representative) and an alternate Executor

4.     Think of all your estate (including description of specific items that will make them easily identifiable by your executor) and how you would like to distribute them

5.     Full name and birthday of each beneficiary and alternate beneficiary; and your relationship with each of them

6.     Full name, birthday, address and relationship of the person(s) you wish to designate as guardian of your minor children

7.     A description of your funeral wishes (if you have any)

Generally speaking, it requires at least two meetings. 

The first meeting is a consultation which is to take your instructions, provide you with relevant information, and discuss your options. Half of our account is required to be paid as it covers the cost of the first appointment (that is non-refundable).  

The second meeting is to review, answer any further questions and sign the will (execution of the will). The remaining balance of the account is due and payable at the second meeting. 

If you pass away without a Will and have absolutely no heirs as defined in the Wills, Estates and Succession Act, your estate will be passed to the government. In reality, this is very rare as there is usually at least one heir to heritage the estate.

Your executor should be someone that you can trust to manage your affairs in the manner that you want them managed. Your executor must also be willing to take on the responsibilities involved in managing and distributing your estate.

As the role of an executor can be time consuming, that person should be someone who lives in close proximity to you. It is not advisable to appoint someone who lives in another province or country.

It is highly recommended to obtain that person’s consent before you appoint him/her as your executor in your will.

If you pass away without a will (or if the will is invalid or not legally executed), your estate will be handled by a person assigned by court and your estate is distributed by law (the Wills, Estates and Succession Act). If you have any minor children, a legal guardian will be assigned by the court to look after your children until they become adult.

The original of your Representation Agreement is required by your representative when s/he needs to act on your behalf. You can give the agreement to your representative once it is executed, or inform him/her of the location. Keep in mind that it shall be kept in a safe place and your Representative should have easy access to it when needed.

A Representation Agreement ends:

1.      on the death of the adult who made the agreement;
2.      on the court cancelling the agreement;
3.      if the adult who made the agreement and the adult's representative are spouses, on the termination of their marriage or marriage-like relationship, unless the Representation Agreement states otherwise;
4.      on the representative becoming incapable;
5.      on the resignation or death of the representative;
6.      on the effective date of the revocation of the agreement
7.     when the adult becomes a Patient under the Patients Property Act.

Note that a Representation Agreement may not end in 3, 4, and 5 above if the agreement names an alternate representative.

A Representation Agreement becomes effective either on the date it is signed by the adult and witnesses, or at the time that an event that is specified in the agreement occurs.

A person who:

• · provides personal care or health care services to the adult for compensation, or
• · is an employee of a facility in which the adult resides and through which the adult receives personal care or health care services

cannot be your representative, unless that person is your child, spouse, or parent.

Your representative should be someone that you trust, someone that knows you well, someone that lives close to you, and someone that is capable of making the appropriate decisions required on your behalf. That person must also be at least 19 years old.

A Representation Agreement does not give your attorney the power to deal with real estate while a Power of Attorney does. A Power of Attorney does not allow your attorney to make decisions regarding your health care and personal care, but a Representation Agreement does.

Your representative can manage routine financial affairs, the list of which is quite lengthy. A complete list is set out in Section 2 of the Representation Agreement Regulation (make it a link to http://www.bclaws.ca/civix/document/id/loo85/loo85/10_199_2001#section2).

A section 7 agreement is for most health care and most legal and financial decisions. It cannot grant authority for preservation of life decisions.

A section 7 agreement gives the adults representative the powers to make decisions regarding:

· the adults personal care

· routine management of the adult's financial affairs, including

· payment of bills,

· receipt and deposit of pension and other income,

· purchases of food, accommodation and other services necessary for personal care, and

· the making of investments

· major health care and minor health care

· obtaining legal services for the adult and instructing counsel to commence proceedings, except divorce proceedings, or to continue, compromise, defend or settle any legal proceedings on the adult's behalf.

A section 9 agreement is for all health care decisions.

A section 9 agreement is much broader than a section 7 agreement and gives the adults representative the powers to make decisions regarding:

1. do anything that the representative considers necessary in relation to the personal care or health care of the adult, or

2. do one or more things in relation to the personal care or health care of the adult, including any of the following:

a. decide where the adult is to live and with whom, including whether the adult should live in a care facility;

b. decide whether the adult should work and, if so, the type of work, the employer, and any related matters;

c. decide whether the adult should participate in any educational, social, vocational or other activity;

d. decide whether the adult should have contact or associate with another person;

e. decide whether the adult should apply for any licence, permit, approval or other authorization required by law for the performance of an activity;

f. make day-to-day decisions on behalf of the adult, including decisions about the diet or dress of the adult;

g. give or refuse consent to health care for the adult, including giving or refusing consent, in the circumstances specified in the agreement, to specified kinds of health care, even though the adult refuses to give consent at the time the health care is provided;

h. despite any objection of the adult, physically restrain, move and manage the adult and authorize another person to do these things, if necessary to provide personal care or health care to the adult.