Navigating the Power of Attorney Attestation Process in Canada

If you’re an Indian expatriate in Canada seeking to understand the Power of Attorney (POA) attestation process at the Indian Embassy, here’s a straightforward breakdown of the steps involved.

However, as with all cases related to law, always do your diligence and treat this article as an introduction to the basic steps required to navigate the process.

Stage 1: POA Drafting and Notarization

Initiate the process by drafting and notarizing your Power of Attorney (POA) by an Ontario Barrister. This step is crucial for ensuring the legal validity of your document.

For assistance in this stage, you can connect with any Ontario Barrister of your choice.

Stage 2: Authentication Process

For Permanent Residents (PR):

If you hold a Permanent Residency in Canada, submit your notarized POA to BLS Canada. They are the designated agency for obtaining authentication with the Indian Consulate stamp.

For Canadian Citizens:

1. Visit Service Ontario at Jarvis Street for the initial stamping of your POA.

2. After that, proceed to BLS Canada for authentication with the Indian Consulate.

Important: Canadian Citizens need to take the additional step of obtaining the provincial stamp before moving forward with the Indian Consulate authentication.

Summary

The process involves drafting and notarizing your POA, followed by authentication steps based on your residency status. Whether you’re a Permanent Resident or a Canadian citizen, understanding these stages will help you navigate the process smoothly.

You can explore legal directories like the Law Society of Ontario’s website or use platforms like the Ontario Bar Association’s lawyer directory to find notary barristers. Additionally, legal referral websites such as Avvo or Canadian legal directories might be helpful in locating qualified professionals in your area. Always verify credentials and reviews before making a decision.

Keep in mind while searching for lawyers

All Lawyers, when appointed as a Notary, can notarize documents.

However, when it comes to international documents such as the POA meant for use in India, not all Lawyers may have the right context or knowledge of both Indian and Canadian law system. Hence, not all lawyers might be willing to draft or notarize the POAs to be used in India.

Almost all POAs for use in India are prepared and notarized by lawyers who are dually qualified in India and Canada.

This might make finding a lawyer on the online lawyer databases slightly tricky.

We advise you to do your due diligence, and if you find something that needs to be corrected or updated here, please get in touch with us and let us know.

The contents of this article are contributed by Barrister & Solicitor Khalid Arshad who is practising in Ontario and is a fellow community member.
He can be reached at khalid@kadlawoffices.com, and at 416-606-4003.

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Disclaimer: This article mentions a matter related to law. This article is not legal advice and should only be taken as an educative resource. This should give you an idea of the basic steps involved, and we would strongly advise you to verify the steps.