IRCC's translation instructions contain a sentence written for practitioners. For every applicant, in or outside Canada, translations "must not be done by" the applicant, the applicant's family, or "the applicant's representatives or consultants."
It does not matter that you are fluent, licensed or the only Tigrinya speaker in the office. The rule is about independence, not ability, and it reaches further than many firms assume: "Any family member of the applicant who may be a lawyer, notary or translator is also not permitted to translate documents."
For practitioners, translation is less a language problem than a forum problem. The same birth certificate can need a sworn affidavit for IRCC, a signed declaration for the Refugee Protection Division and an exhibit-marked affidavit for the Federal Court. Below: each forum's rule in its own words, the deadlines, a sample IRB declaration and a checklist for instructing translators.
Can an immigration lawyer or consultant translate a client's documents?
No, not for IRCC. The operational instructions bar the applicant, the applicant's family and "the applicant's representatives or consultants" from translating. The family list is broad: parents, guardians, siblings, spouses, common-law and conjugal partners, grandparents, children, aunts, uncles, nieces, nephews and first cousins.
Affidavits have a parallel rule. IRCC says affidavits "must not be done by the applicants themselves, nor by members of the applicant's family", including family members who are lawyers, notaries or translators.
The professional rules point the same way. The Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees requires a licensee to "obtain assistance, when necessary, including by retaining the services of an interpreter or translator" (s. 22(1)(e)). Section 31(2) adds that disbursements charged to a client "must not exceed the actual amount of the disbursement", so translation fees pass through at cost.
The IRB and court rules below do not say who may translate, but in an adversarial hearing a translation by counsel's staff or the client's relative is an easy target.
What does each forum require?
| Forum | Who may translate | How accuracy is proved | Rule |
|---|---|---|---|
| IRCC (all applications) | A certified translator, or any other translator with an affidavit; never the applicant, family or representative | Affidavit "swearing to the accuracy of the translation and the language proficiency of the translator" | IRCC operational instructions, Translation of supporting documents |
| IRB: RPD, RAD, ID | Not restricted by the rules | Declaration signed by the translator: name, language (RPD and RAD: "language and dialect, if any"), statement of accuracy | RPD r. 32, RAD r. 28, ID r. 25 |
| IRB: Immigration Appeal Division | Not restricted by the rules | Written statement signed by the translator with the same elements | IAD Rules, 2022, rr. 33-34 |
| Federal Court (leave and judicial review) | Not restricted by the rules | "An affidavit attesting to the accuracy of the translation" | Federal Courts Rules, r. 68 |
| Ontario courts | Not restricted by the statute | Translation "certified by affidavit of the translator" | Courts of Justice Act, s. 125(2)(b) |
| Quebec courts, recognizing a foreign decision | A translation "certified in Québec" | Certification in Québec | Code of Civil Procedure, art. 508 |
IRCC: certified translator or affidavit
IRCC's starting point is that "documents that are not in English or French must be translated by a certified translator", meaning a member in good standing of a provincial or territorial organization in Canada, or a translator accredited in the country where the translation is done. A translator still "in the process of receiving" certification does not count. Program instructions can be narrower: the spousal sponsorship guide and some permanent residence checklists waive the affidavit only for members of Canadian provincial or territorial associations.
"In situations where the translation cannot be provided by a certified translator, it must be accompanied by an affidavit." Inside Canada the oath is taken by a notary public, a commissioner of oaths or a commissioner of taking affidavits; outside Canada, by a notary public or equivalent. One detail is often missed: "The commissioner or notary public must be proficient in English or French in order to administer the oath." Our IRCC translation requirements guide covers the applicant side.
Official Translations works on the affidavit route. It is not a member of ATIO, OTTIAQ, STIBC or any other Canadian association and does not use the title "certified translator"; each IRCC translation comes with a signed Certificate of Accuracy and, when ordered, the translator's affidavit sworn before a notary.
IRB: a declaration, not an affidavit
No notary is needed at the IRB. The divisions need the declaration, filed with the copies of the documents, and time. Name the dialect: "Kurdish" is a language, "Kurdish (Sorani)" tells the member exactly what was translated. See refugee claims and IRB hearings for the claimant's view.
Federal Court: translations and your client's affidavit
On leave and judicial review applications, rule 68 applies to exhibits like any other filed document: translation plus "an affidavit attesting to the accuracy of the translation." The client's own affidavit raises a second issue. If the client does not understand the language of the affidavit, rule 80(2.1) requires an oral translation by "a competent and independent interpreter" sworn in Form 80B, with the jurat in Form 80C. A bilingual assistant in your office is not obviously "independent".
Ontario's equivalent is rule 4.06(8) of the Rules of Civil Procedure: the jurat must name the interpreter, who swears to interpret the affidavit correctly. For the court-by-court rules and a sample translator's affidavit, see certified translations for Canadian courts and tribunals.
What should the IRB translator's declaration say?
It should contain the three elements in rule 32(3) of the Refugee Protection Division Rules: the translator's name, "the language and dialect, if any, translated" and "a statement that the translation is accurate", signed by the translator. Identifying details tie it to the right file.
Which deadlines drive translation orders?
These deadlines decide whether a translated document is used at all:
| Forum | Deadline | Source |
|---|---|---|
| Refugee Protection Division | Documents received 10 days before the hearing, or 5 days if responding to another document | RPD Rules, r. 34(3) |
| Immigration Division | At least 5 days before the hearing; as soon as possible for 48-hour and seven-day detention reviews | ID Rules, r. 26 |
| Immigration Appeal Division | Within 60 days after receiving the appeal record; responses 30 days before the hearing | IAD Rules, 2022, rr. 26-27 |
| Refugee Appeal Division | Appeal filed within 15 days and perfected within 30 days after receiving the RPD's written reasons | IRPR, s. 159.91 |
| Federal Court, immigration matters | Leave application filed within 15 days (60 if the matter arose outside Canada) and perfected within 30 days | IRPA, s. 72(2)(b); Federal Courts Citizenship, Immigration and Refugee Protection Rules, r. 10 |
A late RPD document can be used only with the member's permission, and rule 36 makes the member consider "whether the party, with reasonable effort, could have provided the document" on time. A translation ordered the week before the hearing is a weak answer to that question.
How do you keep a multi-document file consistent?
Lock the names before anyone translates. Send the passport spelling of every person named, prior surnames and dates of birth, and ask for those spellings on every document. A mother's surname spelled two ways across two certificates is a credibility question waiting to happen.
Then standardize the rest:
- One translator, or one term sheet, per file. Court names, police ranks and degree titles should read the same in every document.
- Translate what you file, in the form you file it. IRCC says that when a certified copy is submitted, "the translator must stamp both the certified copy and the translation."
- Reuse what you can. IRCC treats a translation as valid "indefinitely unless the original document has changed or has expired", so last year's birth certificate translation can go into this year's application.
- Plan for scrutiny. Officers "retain the right to request a retranslation by a different certified translator at any time."
Mistakes that get files returned or evidence challenged
- A representative or relative translated. IRCC does not permit it, however accurate the translation.
- A Certificate of Accuracy where IRCC needed an affidavit. Without a certified translator's seal, IRCC wants the sworn affidavit; applications missing required translations are "returned as incomplete."
- The original translated, the certified copy filed. The translation must match the document IRCC receives.
- No dialect on an IRB declaration. The RPD, RAD and IAD rules ask for it where there is one.
- Client affidavits interpreted by staff. The Federal Court's rule 80(2.1) asks for an independent interpreter and a special jurat.
- Quebec recognition files with an ordinary certified translation. Article 508 requires "a translation certified in Québec"; Official Translations' translations do not meet that rule.
Checklist: instructing a translator on a client file
Questions people ask
Can an RCIC or lawyer translate documents for their own client?
Not for IRCC. Its instructions say translations must not be done by "the applicant's representatives or consultants", as well as by the applicant and family members. The firm can arrange an independent translation, and the CICC Code expects licensees to retain a translator when one is needed.
Can a client's relative who is a certified translator do the translation?
No. IRCC states that any family member of the applicant "who may be a lawyer, notary or translator is also not permitted to translate documents." The bar covers a wide circle of relatives, up to first cousins.
Do translations for the IRB need to be notarized?
No. Each IRB division asks for a translation with a declaration or written statement signed by the translator, giving the translator's name, the language (and dialect, at the RPD, RAD and IAD) and a statement that the translation is accurate. At the RPD, documents must arrive 10 days before the hearing.
Who may administer the translator's oath for an IRCC affidavit?
In Canada, a notary public, a commissioner of oaths or a commissioner of taking affidavits; outside Canada, a notary public or equivalent. The person administering the oath must be proficient in English or French, and a notary or commissioner with no connection to the file avoids any question about independence.
Can we pass translation costs on to the client?
Yes, as a disbursement. For immigration consultants, section 31(2) of the CICC Code says disbursements charged to a client "must not exceed the actual amount of the disbursement." Show translation fees as a separate line at cost.
How long is a translation valid for IRCC?
IRCC's instructions say a translation "should be valid indefinitely unless the original document has changed or has expired." A translation of an unchanged birth certificate can therefore be reused, while a new police certificate needs its own translation.
What happens if IRCC or a court refuses one of the translations?
IRCC can return an application as incomplete and can ask for a retranslation by a different certified translator at any time. If the Canadian body a translation was prepared for refuses it for accuracy, completeness or certification, Official Translations corrects and reissues it free, normally within 24 hours of receiving the refusal, and refunds the translation fee if a correction cannot resolve a refusal caused by the translation. The guarantee does not cover IRCC affidavit requirements when the affidavit was not ordered.
How fast can translations be turned around for a filing deadline?
Most one-page documents are delivered as a signed PDF within 24 hours, and longer documents take one to three business days. Rush service is available on request. Certified translation is CA$39.95 per page of up to 300 words, and the sworn affidavit is CA$24.95 per document.
