This guide compares the two routes (a Turkish consulate in Canada, or a Canadian notary followed by an apostille), explains which Canadian authority issues the apostille, what the document must say under Turkish law, and how to revoke it.
Most people in Canada who have a legal matter in Türkiye never travel for it. A sale at the land registry, a lawsuit, an inheritance file or a company filing can be handled by someone in Türkiye who holds a power of attorney (vekâletname) signed in Canada. The real question is not whether this is possible but which form the document must take for the Turkish office that will receive it.
There are two routes. The first is a power of attorney drawn up at a Turkish mission in Canada: the Embassy in Ottawa or the Consulates General in Toronto, Montreal and Vancouver. The second is a signature before a notary in Canada, followed by an apostille from the competent Canadian authority and a Turkish translation certified by a notary in Türkiye. Since 11 January 2024, when the Apostille Convention entered into force for Canada, the apostille has replaced the older chain of Canadian authentication followed by Turkish consular legalisation.
This guide explains both routes, what the text must say for property, court, inheritance, company and bank matters, how other Canadian documents are prepared, how a power is revoked from Canada, and why files are most often sent back. It is part of our series for people in Canada with a legal matter in Türkiye.
Route one: a power of attorney drawn up at a Turkish consulate
The Turkish Notaries Act (Noterlik Kanunu, Law No. 1512) gives notarial powers abroad to consuls. Article 191 states that notarial functions in foreign countries are performed by consuls, and Article 192 requires them to be performed inside the consulate building under the Act’s provisions on notarial acts. Article 193 lists the provisions that apply to consuls, among them the duties of notaries (Article 60), the rule for persons who do not know Turkish (Article 74) and Articles 78 to 108, which cover drawn-up and certified acts, copies, translations and notices.
The result is that a power drawn up at a Turkish mission is a Turkish notarial act. It is written in Turkish, recorded by the mission and needs no apostille. The Apostille Convention itself does not apply to documents executed by diplomatic or consular agents (Article 1).
Who can use it. The Act does not limit consular notarial services to Turkish citizens. Turkish citizens and dual Turkish-Canadian citizens use this route as a matter of course. A person who does not know Turkish may also sign, and Article 74 then requires a sworn interpreter to be present. How each mission handles appointments and interpreters for non-citizens is a matter of its own practice, so confirm with the mission before booking. The record of a drawn-up act contains the person’s identity, address and tax identification number (Article 84), so ask the mission in advance which identity number it will need from you.
Why it matters for property. Article 89 of the Notaries Act requires contracts and powers of attorney that by their nature require a transaction at the land registry to be made in the drawn-up form (düzenleme). In that form the officer prepares the instrument and records the person’s declaration. A mere signature certification (onaylama) only documents that the signature belongs to the person who signed (Article 90), and it is not the form Article 89 requires. A consulate applies the same Act, so it can provide the drawn-up form directly.
Route two: a Canadian notary, then an apostille
Anyone can use this route. You sign before a notary in Canada: in Quebec, a notary or a lawyer; in the other provinces and territories, a notary public. The signed document then goes to the competent Canadian authority for an apostille.
Turkish law accepts this. Article 224(1) of the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu, HMK, Law No. 6100) provides that official documents prepared by foreign authorities have that character in Türkiye if approved by the competent authority of the issuing state or by the Turkish consulate, and Article 224(2) keeps in force the provisions of international conventions to which Türkiye is a party. Under Article 3 of the Apostille Convention, the only formality that may be required to certify the signature, the capacity of the signer and the seal is the apostille. Before 11 January 2024 the extra step was Turkish consular approval of the Canadian authority’s signature and seal, as Article 195 of the Notaries Act provides for notarial acts made abroad.
Keep in mind what an apostille does. Under Article 5 of the Convention it certifies the authenticity of the signature, the capacity in which the signer acted and, where appropriate, the identity of the seal. It says nothing about whether the content is suitable for the Turkish office that will receive it. A perfectly apostilled power can still be refused in Türkiye because it lacks the authority the transaction needs.
In Türkiye. The document is translated into Turkish by a sworn translator and the translation is certified by a Turkish notary. Translating documents is one of the notary’s statutory functions (Notaries Act Article 60(6)), and the notary adds an annotation identifying the sworn translator (Article 103). Before a court, a party relying on a foreign-language document must file its translation, and the court may ask for an official one (HMK Article 223). French-language documents from Quebec go through the same step.
Which Canadian authority issues the apostille
Canada has six apostille authorities. Choosing the wrong one is one of the most common delays.
- Alberta, British Columbia, Ontario, Quebec and Saskatchewan issue apostilles for documents issued in their own province.
- Global Affairs Canada (Authentication Services Section, Ottawa) issues apostilles for documents issued by the Government of Canada and for documents issued or notarized in Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Prince Edward Island and Yukon.
- Notarized documents. A document notarized in Alberta, Ontario or Saskatchewan goes to that province’s authority, regardless of where the original was issued. British Columbia and Quebec authenticate a notarized document only if the original was issued in that province.
Two examples. A Vancouver resident who has a notarized copy of an Ontario birth certificate made in British Columbia cannot get a British Columbia apostille on it; the practical answer is an apostille on the Ontario original from Ontario’s authority. A power of attorney certified by a Quebec notary or lawyer is apostilled in Quebec, which apostilles authentic acts such as notarial documents and private documents certified by a Quebec lawyer or notary, but not documents issued by a federal authority, a territory or another province.
Global Affairs Canada also sets formal requirements for the notarization itself: the notary must sign by hand in ink, apply a stamp or seal showing their full name and the province or territory of appointment, state the type of notarial act and date it. The apostille is a separate certificate (an “allonge”) that the authority securely attaches to the document, so the two should be kept together. Where a document contains content in a language other than English or French, Global Affairs Canada requires a certified translation, and Quebec asks a lawyer or notary to declare that they understand the content or have obtained a translation from an accredited translator. For that reason a power for Türkiye is usually signed in Canada in English or French and translated into Turkish in Türkiye.
What the power of attorney must say
A power that is valid in form can still be useless if it does not cover the act. Under Article 504 of the Turkish Code of Obligations (Türk Borçlar Kanunu, TBK, Law No. 6098), the scope of a mandate that is not expressly stated is determined by the nature of the business, and it includes the legal acts needed to carry it out. Article 504(3) then sets the limit: unless specially authorised, the agent may not bring a lawsuit, settle, go to arbitration, request bankruptcy, its postponement or a concordat, enter into bill-of-exchange obligations, make a gift, stand as surety, transfer an immovable or encumber it with a right.
Property at the land registry
Article 18(4) of the Land Registry Regulation (Tapu Sicili Tüzüğü) provides that where an application is made through an agent, the registry asks for a power drawn up under the Notaries Act and showing that the agent is authorised to carry out the transactions requested. The principal’s signature on the power is mandatory. If the agent has appointed a sub-agent under a power to delegate, the underlying power is also required, and the identity of the principal is compared with the owner shown in the register. Article 18(8) authorises the General Directorate of Land Registry and Cadastre to determine the documents that foreign nationals and foreign companies use in registry transactions.
In practice this means that the detailed formal requirements for powers signed abroad are set administratively and applied by each land registry office. We check a draft against the current requirements before it is signed. For a sale, the power names the property by its registry details (province, district, neighbourhood, block, parcel and unit), states the authority to sell and transfer title and says whether the agent may receive the price. For a purchase, it states the authority to buy and to register title in the principal’s name.
Court cases
A power for litigation covers, subject to the matters that need special authority, every act needed to pursue the case until the judgment becomes final, enforcement of the judgment and collection of costs (HMK Article 73(1)). Article 74 lists what the lawyer may not do without express authority: settle, challenge the judge, amend the whole claim, offer an oath or accept, return or refuse one, delegate to another lawyer, lift an attachment, request the client’s bankruptcy, make an arbitration agreement, propose or consent to a concordat or a restructuring of a capital company or cooperative by conciliation, use alternative dispute resolution, waive the claim or a legal remedy, release the other side or accept its claim, seek a retrial, sue the State for acts of judges, and bring or pursue actions about strictly personal rights unless the power names which of them it covers. A divorce, or the recognition of a Canadian divorce in Türkiye, is normally drafted with that express wording.
A lawyer must file the original power certified or drawn up by a notary, or a copy certified by the lawyer (HMK Article 76(1)); under Article 56 of the Attorneys’ Act (Law No. 1136) such lawyer-certified copies count as official copies for courts, offices and private persons, so one original can serve several files. A properly drawn-up power is a condition for the action to proceed (HMK Article 114(1)(f)). The same applies to enforcing a Canadian judgment in Türkiye.
Inheritance
Heirs abroad usually need a power for three steps: the certificate of inheritance, which a civil court of peace or a notary issues on application (Turkish Civil Code Article 598(1)); the registration of inherited land in the heirs’ names; and, if they decide to sell, the sale itself, which needs the special authority in TBK Article 504(3). A power that the deceased gave during their lifetime ends on death unless otherwise agreed or implied by the nature of the business (TBK Articles 43 and 513(1)), so each heir signs a power of their own. Where rejecting the estate is under consideration, the Civil Code allows three months, which for legal heirs runs from the date they learned of the death unless they prove they learned later that they were heirs (Article 606); that leaves little room for a delayed document. Our guide for Canadian heirs of property in Türkiye covers the full process.
Companies and banks
The transfer of a share in a Turkish limited company, and any transaction creating the obligation to transfer, must be in writing with the parties’ signatures certified by a notary (Turkish Commercial Code Article 595(1)). A Canadian company that holds shares in a Turkish joint stock company attends the general assembly through a representative who must present a power of attorney (Article 415(2)). Its registry documents, such as a certificate of status, are apostilled by the competent authority of the issuing province (Global Affairs Canada for provinces without their own authority) or, for a federally incorporated company, by Global Affairs Canada; notarized documents such as board resolutions follow the notarization rules set out above. Banks apply their own internal rules on powers of attorney, and some accept only specific wording, so ask the bank before the power is signed.
Turkish-Canadian dual citizens and Turkish records
Turkish citizens who also hold Canadian citizenship can use the consulate route. In Turkish records they are identified by their Turkish identity number: the land registry asks a natural-person applicant for the Turkish identity card bearing that number and compares its details with the civil registry details in the registration documents (Land Registry Regulation Article 18(2)). Under Article 44(1) of the Turkish Citizenship Law (Law No. 5901), a person who acquires a foreign citizenship, presents the documents and is established as the same person in the records has the multiple citizenship annotated in the civil registry.
Former Turkish citizens by birth who gave up Turkish citizenship with permission, and their descendants to the third degree, continue to enjoy the rights of Turkish citizens subject to listed exceptions (Article 28(1)). They receive an identity number that is used wherever a Turkish identity number is required (Article 28(8)), and a change in their identity details must be shown by a document from the state of their nationality with a certified Turkish translation (Article 28(7)).
Comparing the routes
| Route | Who can use it | Where you sign | Extra steps in Türkiye | Typical use |
|---|---|---|---|---|
| Power drawn up at a Turkish consulate | Turkish and dual citizens; others where the mission accepts (interpreter required if no Turkish) | Embassy in Ottawa or Consulate General in Toronto, Montreal or Vancouver | None for authentication; scope checked before use | Land registry sales and purchases, court cases, inheritance |
| Power signed before a Canadian notary | Anyone | Notary in the province (Quebec: notary or lawyer) | Apostille in Canada, then sworn Turkish translation certified by a Turkish notary | Court cases, company matters, banks; land registry if the registry’s formal requirements are met |
| Canadian vital record (birth, marriage, death) | Not applicable | Issued by the provincial or territorial registry | Apostille from the issuing province or Global Affairs Canada, then translation | Inheritance, civil registry updates |
| Canadian court order | Not applicable | Issued by the Canadian court | Apostille from the province of issue or Global Affairs Canada, then translation | Recognition or enforcement proceedings |
| Canadian corporate document | Not applicable | Issued by the provincial or federal registry, or notarized | Apostille from the province or Global Affairs Canada, then translation | Shareholdings, general assemblies, share transfers |
| Revocation notice | The principal | Turkish consulate, or Canadian notary with apostille | Service on the agent; notice to registry, bank or court | Ending a power that is no longer needed |
Revoking a power of attorney from Canada
The principal may limit or revoke the authority at any time and cannot waive that right in advance (TBK Article 42). Either party may also end the mandate unilaterally at any time, although a party who does so at an inopportune moment must compensate the resulting loss (Article 512).
Revocation protects you only once it is known. The principal and their successors remain bound by acts of an agent who did not know the authority had ended, unless the third party knew (Article 45), and the principal is liable for what the agent did before learning of the termination as if the mandate were continuing (Article 514). If you told third parties about the authority, you must tell them it has been withdrawn, or you cannot rely on the revocation against third parties acting in good faith (Article 42). The agent must return the power, and a principal who fails to take the necessary steps to get it back must compensate the loss of good-faith third parties (Article 44).
In practice the revocation is put in writing and served in a way that can be proved. Turkish notaries serve notices (Notaries Act Article 60(7)), and a notice may be written by the party and brought to the notary for service (Article 106); because Article 193 applies these provisions to consuls, the revocation can also be prepared at a Turkish mission in Canada. It is then sent to the land registry, bank or court where the power has been used. In a pending case, the revocation of a lawyer takes effect for the court and the other side only once it is declared by petition or recorded in the minutes and, where necessary, the cost of service is paid in advance (HMK Article 81(1)).
Common reasons files are sent back
- Wrong apostille authority. A notarized copy made in British Columbia or Quebec of a document issued elsewhere, or a federal document sent to a province.
- Missing special authority. A general power used to sell property, sue or settle (TBK Article 504(3), HMK Article 74).
- Signature certification instead of the drawn-up form for a land registry transaction (Notaries Act Articles 89 and 90).
- Untranslated pages. The notary’s certificate or the apostille left out of the Turkish translation.
- Name mismatches. A married name, an anglicised spelling or missing Turkish characters that do not match the Turkish civil registry or the land register, which the registry compares (Land Registry Regulation Article 18(2) and (4)). State both forms of the name and the Turkish identity number where there is one.
- Notarial formalities. A missing seal, date or statement of the type of notarial act, which Global Affairs Canada requires.
- A detached apostille, or a power that expired or was revoked before use.
How Lex Lata works with clients in Canada
Lex Lata acts for clients in Canada on property, litigation, inheritance and company matters in Türkiye, working remotely and in English. We prepare the Turkish text for a consular power or the English text for a Canadian notary, check which apostille authority applies, arrange the certified translation in Türkiye and confirm the wording against the transaction before anything is signed. You can contact us with the transaction you have in mind. For an overview of the Canada series see our guide for people in Canada with a matter in Türkiye, and for how courts and procedure work in Istanbul, our guide for foreign clients in Istanbul.
