Ontario's rule for foreign-language evidence is one sentence, unchanged since the 1990 revision of the Courts of Justice Act: a document filed in court must be in English "or shall be accompanied by a translation of the document into the English language certified by affidavit of the translator."
Not by a stamp or a letter on letterhead. By affidavit: the translator swears or affirms the translation's accuracy before a commissioner for taking affidavits or a notary.
Skip it and an accurate translation of a Polish loan agreement can still draw an objection. Below: each forum's rule, a sample affidavit, who pays, and the mistakes that put translated evidence at risk.
Do Canadian courts require a certified translation?
Yes. A document in a language other than English or French is usable only with a translation the court can rely on, which in most courts means a complete translation backed by the translator's affidavit.
French is a different case. It is an official language of the federal courts (Official Languages Act, s. 14), of New Brunswick's courts (Charter, s. 19) and of Quebec's courts (Charter of the French Language, s. 7). Ontario lets parties file pleadings and other documents in French, and "on a party's request, the court shall provide a translation" (Courts of Justice Act, s. 126). A Spanish, Tagalog or Arabic document needs a translation everywhere.
What does each court and tribunal require?
Every forum wants a full translation plus the translator's statement; only the form of the statement changes.
| Court or tribunal | Rule | What must accompany the translation |
|---|---|---|
| All Ontario courts, including family courts | Courts of Justice Act, s. 125(2)(b) | Translation "certified by affidavit of the translator" |
| Federal Court and Federal Court of Appeal | Federal Courts Rules, r. 68(1) | "An affidavit attesting to the accuracy of the translation" |
| BC Supreme Court | Supreme Court Civil Rules, rr. 22-3(2), 19-3 | Court documents "must be in the English language"; registering a reciprocal judgment needs "a certified translation" |
| Alberta Court of King's Bench | Alberta Rules of Court, r. 13.23(4) | For an affidavit in another language, a translator's certificate that it "is accurate and complete" |
| Quebec courts | Code of Civil Procedure, art. 508 | French or English accepted; a foreign decision needs "a translation certified in Québec" |
| Immigration and Refugee Board | RPD r. 32, RAD r. 28, ID r. 25, IAD rr. 33-34 | Declaration or statement signed by the translator: name, language (and dialect, except at the ID), accuracy |
| Canadian Human Rights Tribunal | Rules of Procedure, 2021, r. 15 | "An affidavit of the translator attesting to the accuracy of the translation" |
| Tax Court of Canada | General Procedure rules, s. 4(2) | No specific rule; the Court settles the practice where the rules are silent |
Ontario
Section 125 covers "documents filed in courts", so it applies in the Superior Court of Justice, the Ontario Court of Justice, Small Claims Court and family court alike. If a deponent "does not understand the language used in the affidavit", the commissioner certifies in the jurat that a named, sworn interpreter interpreted it (Rules of Civil Procedure, rule 4.06(8)).
Federal Court
Rule 68(1) covers "all documents required under these Rules to be filed", including exhibits in immigration judicial reviews. Pleadings, memoranda of fact and law and written representations must themselves be in English or French (rule 68(2)). A deponent who does not understand the affidavit's language needs "a competent and independent interpreter" sworn in Form 80B and a jurat in Form 80C (rule 80(2.1)).
British Columbia and Alberta
BC's Civil Rules require documents prepared for use in court to be in English, and an interpreter's endorsement in Form 109 when a deponent does not understand English (rule 22-2(7)). They are silent on proving the translation of an ordinary exhibit; since a translation is itself evidence, the translator's affidavit is the conventional route.
Alberta's rule 13.23(4) covers affidavits sworn in another language and asks for a competent translator's certificate that the translation "is accurate and complete".
Quebec
Bill 96 (2022) rewrote section 9 of the Charter of the French Language so that "a French translation certified by a certified translator shall be attached to any pleading drawn up in English that emanates from a legal person." On 12 August 2022 the Superior Court of Québec suspended section 9 and the matching filing bar in section 208.6 until a final judgment, and LegisQuébec's August 2026 update still shows both as suspended.
Article 508 of the Code of Civil Procedure is in force. Documents supporting the recognition of a foreign decision that are not in French or English "must be accompanied by a translation certified in Québec", in French if the applicant is a legal person such as a company. Official Translations is not a member of OTTIAQ, Quebec's professional order of translators, and its translations are not certified in Québec, so they do not meet that requirement.
The Immigration and Refugee Board
A document in another language needs "an English or French translation and a declaration signed by the translator", giving the translator's name, "the language and dialect, if any, translated" and a statement that the translation is accurate (RPD Rules, rule 32). No notary is needed, but deadlines are tight: documents must reach the Refugee Protection Division 10 days before the hearing, and late ones need the member's permission (rules 34 and 36). See refugee claims and IRB hearings.
What does "certified by affidavit of the translator" mean?
It means sworn evidence of accuracy. The translator swears or affirms before a commissioner or notary, who signs the jurat and marks the original and the translation as exhibits (Ontario rule 4.06(3); Federal Courts rule 80(3)). A Certificate of Accuracy, however formal, is not an affidavit; our guide to certified, sworn and notarized translations explains the difference.
The affidavit does not have to be sworn in the province. Section 45 of Ontario's Evidence Act treats an affidavit sworn outside Ontario before a notary public, a judge or a Canadian consular officer as "valid and effectual" as one sworn before an Ontario commissioner. Ontario also allows commissioning by live video under O. Reg. 431/20, provided the jurat says so and records where both people were.
Sample translator's affidavit
A sample, not a court form: counsel should move it onto the court's affidavit form (Ontario Form 4D, Federal Courts Form 80A) with the title of proceeding.
Does the translator need to be a certified translator?
Not for most courts. Outside Quebec, none of the rules in the table above requires membership in ATIO, OTTIAQ, STIBC or another provincial association; they ask for the translator's affidavit, certificate or, at the IRB, signed declaration.
Quebec is the exception. Article 508 applies now, and the suspended section 9 would require "a certified translator" if it comes into force. Where either applies, use a Quebec certified translator; Official Translations does not meet those requirements. Elsewhere the judge still weighs the translation, so independence and the ability to explain word choices matter.
Who pays for translation and interpretation?
The party relying on a document pays to translate it; interpretation of testimony has its own rules:
- The Charter. Section 14 gives a party or witness who does not understand the language of the proceedings "the right to the assistance of an interpreter".
- Ontario civil cases. The party calling a witness, or the party being examined, provides the interpreter, unless the Ministry of the Attorney General provides one for English-French interpretation (rules 34.09 and 53.01).
- Costs. Ontario's Tariff A allows "a reasonable amount" for translating a filed document where the presiding judge or officer orders it (item 29.1).
- The IRB. The Refugee Protection Division "will provide an interpreter at your hearing at no cost to you", but translating documents remains the claimant's job.
Why translated evidence gets challenged
Most attacks on a translation target the package, not the vocabulary:
- No affidavit where Ontario's section 125 or Federal Courts rule 68 asks for one.
- Partial translation. "Relevant excerpts" invite a demand for the rest, and an untranslated stamp can change the meaning.
- A translator with a stake. No rule quoted here bars a party or relative from translating, but a client's nephew is an easy target in cross-examination.
- Loose exhibits. A translation stapled behind an affidavit but never marked by the commissioner is not an exhibit.
- Late filing. Documents that miss the IRB's 10-day deadline need the member's permission.
- Machine output and drifting names. Unedited engine output, or one person spelled three ways across three documents.
Checklist: filing translated evidence in a Canadian court or tribunal
Questions people ask
Do Ontario courts accept a translation without an affidavit?
Section 125(2)(b) of the Courts of Justice Act requires a translation "certified by affidavit of the translator" for any document filed in an Ontario court that is not in English or French. A Certificate of Accuracy alone does not match that wording, and the other side can object. Add the translator's sworn affidavit before filing.
Does the translator have to be certified by ATIO or another association?
Not for most courts and tribunals. The Ontario, federal, BC, Alberta and IRB rules ask for the translator's affidavit, certificate or declaration, not association membership. Quebec is different: recognizing a foreign decision requires "a translation certified in Québec".
Can I translate my own documents for court?
No court rule quoted in this guide expressly forbids it, but it is a poor idea. Your translation becomes evidence you must swear to, and opposing counsel can test both your fluency and your interest in the outcome.
Can the translator's affidavit be sworn outside Canada?
Yes, for Ontario courts. Section 45 of the Evidence Act treats an affidavit sworn outside Ontario before a notary public, judge or Canadian consular officer as valid as one sworn before an Ontario commissioner. Check the equivalent rule if you are filing in another province.
What does the IRB require for translated documents?
Each division requires an English or French translation with a declaration or statement signed by the translator, giving the translator's name, the language (and dialect, except at the Immigration Division) and a statement of accuracy. No notary is needed. At the Refugee Protection Division, documents must arrive at least 10 days before the hearing.
Is Quebec's Bill 96 rule on translating English pleadings in force?
No. Section 9 of the Charter of the French Language would require companies to attach a French translation "certified by a certified translator" to English pleadings, but the Superior Court of Québec suspended it on 12 August 2022 until a final judgment. LegisQuébec still showed it as suspended in its August 2026 update.
How much does a court translation cost, and how long does it take?
Official Translations charges CA$39.95 per page of up to 300 words for a complete certified translation with a signed Certificate of Accuracy, plus CA$24.95 per document for the translator's sworn affidavit. Most one-page documents are delivered as a signed PDF within 24 hours, and longer records such as judgments take one to three business days.
