Ontario's rule on foreign-language evidence is one sentence long, and it has not been amended since the 1990 revision of the statutes: documents filed in court "shall be in the English language or shall be accompanied by a translation of the document into the English language certified by affidavit of the translator." Until that affidavit exists, a supply agreement in Italian is an exhibit the judge cannot read.
Quebec has moved in a different direction. Since June 1, 2023, a standard-form contract offered in Quebec must be handed over in French first, and the adhering party who asks a court to annul a contract for breach of that rule does not have to prove any harm.
This guide to legal contract translation in Canada covers court rules by province, Quebec's rules as of October 2026, a sample affidavit and the mistakes that get translations challenged.
When does a contract need a certified translation in Canada?
When someone with legal authority has to rely on its exact words: a court, a land registry, IRCC or a regulator. Private parties may contract in any language they share, except where Quebec's Charter of the French Language decides the language.
| Where the contract goes | Rule | What is required |
|---|---|---|
| Ontario courts | Courts of Justice Act, s. 125(2)(b) | English translation "certified by affidavit of the translator" |
| Federal Court | Federal Courts Rules, r. 68(1) | English or French translation and "an affidavit attesting to the accuracy of the translation" |
| Alberta Court of King's Bench | Alberta Rules of Court, r. 13.23(4) | An affidavit not in English is filed with the translator's certificate that the translation is "accurate and complete" |
| BC Supreme Court | Supreme Court Civil Rules, r. 22-3(2) and r. 19-3(3) | Court documents in English; a foreign judgment registered for enforcement needs a certified translation |
| Quebec courts | Code of Civil Procedure, arts. 508 and 652 | French or English accepted; foreign judgments and arbitral awards in other languages need "a translation certified in Québec" |
| Ontario land registration | Land Titles Act, s. 84 | English translation plus the translator's affidavit |
| IRCC (job offers, employment contracts) | IRCC translation instructions | Certified translator or, if the translator is not certified, the translator's sworn affidavit |
Where a court's rules are silent on exhibits in other languages, a translation sworn by the translator is the safer default, because it is evidence the other side can test. See certified translations for Canadian courts and tribunals, and for immigration files, employment letters and pay stubs.
Does a court translation of a contract need an affidavit?
In Ontario's courts and the Federal Court, yes. A translator's signed certificate is not an affidavit. The affidavit is a sworn statement in which the translator confirms they know both languages and swears the translation is accurate, signed before a commissioner for taking affidavits or a notary public. Our guide to certified translation vs sworn affidavit explains the difference.
Ontario's Rules of Civil Procedure shape how it works:
- Exhibits are marked. Under rule 4.06(3), the person taking the affidavit marks each exhibit, so the original contract and its translation become Exhibits A and B.
- The translator can be cross-examined. Rule 39.02 lets a party cross-examine the deponent of any affidavit an adverse party serves on a motion or application.
- The cost can come back. Tariff A allows a reasonable amount for translating a filed document into English or French, "where ordered by the presiding judge or officer".
Who can translate a contract for court in Canada?
In Ontario and the Federal Court, the rules do not name a profession: the translator must be competent in both languages and prepared to swear to the translation and defend it. A translation by a party, an employee or a lawyer's assistant invites an accuracy challenge.
Quebec is the exception to know about. Its courts work in French and English, so contracts in either language need no translation there. For other languages, articles 508 and 652 of the Code of Civil Procedure require "a translation certified in Québec" to recognize a foreign judgment or foreign arbitral award, in French if the applicant is a legal person. OTTIAQ, the Quebec order of certified translators, refers anyone needing a certified translation, or a translation made abroad verified and certified, to its traducteurs agréés. Official Translations is not a member of OTTIAQ or any other Canadian provincial association, so use a Quebec certified translator for that step. For other provinces, see enforcing a foreign judgment in Canada.
A broader Bill 96 rule is on hold. Section 9 of the Charter would require English pleadings filed by a legal person to carry a French translation by a certified translator, at the company's expense, and section 208.6 would bar filing without it. A decision of the Superior Court of Québec suspended both before they were due to take effect on September 1, 2022, and the official consolidation updated to August 12, 2026 still shows them suspended.
Which contracts must be in French in Quebec under Bill 96?
Bill 96 (S.Q. 2022, c. 14) rewrote the contract rules of the Charter of the French Language:
- Contracts of adhesion (s. 55, in force June 1, 2023). A contract whose essential terms were imposed by one party and not negotiable (Civil Code art. 1379) must be drawn up in French, with its related documents. The parties may be bound by another language version only if the French version was given to the adhering party first and both then expressly wish it, and nobody may charge for the French version. Employment contracts, certain public-sector contracts and contracts "used in relations with persons outside Québec" are excluded.
- Other standard-form contracts (s. 55, fifth paragraph). Contracts with standard clauses, and the excluded adhesion contracts other than employment, must be in French unless the parties expressly wish another language.
- Residential real estate (s. 55.1, in force June 1, 2022). Contracts to sell or exchange a mainly residential building of fewer than five dwellings or a residential co-ownership share, the promise to purchase and, for new homes, the preliminary contract and memorandum, must be in French unless the parties expressly choose another language.
- Employment (s. 41, since June 1, 2022). A written employment contract must be in French; the parties may choose another language, for a standard-form contract only after examining the French version.
- Invoices and receipts (s. 57). French, with another language only if the French version is available on terms at least as favourable.
The sanction is real: under section 204.21, an adhering party who invokes nullity for breach of section 55 "is not required to prove that the contravention causes him injury."
None of these provisions requires a certified translator. A French version is a contract text, so legal review matters more than a seal: have Quebec counsel approve it, and keep both versions identical, because article 1432 of the Civil Code resolves doubt "in favour of the adhering party or the consumer."
How are civil-law and common-law terms translated?
Canada runs two private-law systems. Section 8.1 of the federal Interpretation Act calls the common law and the civil law "equally authoritative", and section 8.2 reads federal laws with civil-law terms in Quebec and common-law terms elsewhere. A careful translator follows the law that governs the contract.
| Quebec civil law (Civil Code) | Common-law provinces | Translation note |
|---|---|---|
| hypothec (art. 2660) | mortgage | A Quebec security on movable or immovable property |
| immovable (art. 900) | real property, land | Covers land and permanent constructions |
| contract of adhesion (art. 1379) | standard-form contract | Triggers the French-first rule |
| prescription (art. 2925) | limitation period | Different rules, so keep the source term |
Foreign deeds add a third layer: a Spanish escritura pública is a deed executed before a notary, far more than a witnessed signature, so the original term stays in italics beside the English rendering. Modal verbs carry the deal, and a translation that turns "shall" into "may" changes the contract.
What must a court-ready contract translation include?
- Every page, including recitals, schedules, amendments and signature blocks, nothing summarized.
- Defined terms rendered identically throughout, with the original clause and page numbering.
- Seals, stamps, initials and handwriting described in square brackets.
- Numbers, dates, currencies and amounts in words reproduced exactly, nothing converted.
- Governing law, jurisdiction and language clauses word for word.
- Notarial certificates and registration stamps in full.
Common mistakes that get contract translations challenged
A certificate where an affidavit is required. In Ontario's courts, a signed statement of accuracy is not a translation "certified by affidavit of the translator".
Translating only the disputed clause. Opposing counsel will argue that the untranslated parts change its meaning.
Domesticated legal concepts. Turning a Quebec hypothec into a mortgage, or a civil-law penalty clause into "liquidated damages", makes a legal argument the original never made.
English-only standard forms in Quebec. Since June 1, 2023, an adhesion contract presented in English without the French version first can be annulled at the adhering party's request.
Machine translation. Free tools drop negations and turn obligations into options.
Checklist: before you order a contract translation
Questions people ask
Does a contract in another language need a certified translation for an Ontario court?
Yes. Section 125(2)(b) of the Courts of Justice Act requires documents filed in court to be in English or accompanied by an English translation certified by affidavit of the translator. A translator's certificate alone does not meet that wording.
Can I translate a contract myself for court?
Ontario's rule does not name who may translate, but the translator swears to the translation and can be cross-examined on the affidavit. A translation by a party or its employee invites an accuracy challenge, so an independent professional is the safer choice.
Do contracts have to be in French in Quebec?
Many do. Since June 1, 2023, contracts of adhesion must be given in French first, and the parties may then choose another language only by express wish. Written employment contracts and contracts for the sale of most homes must also be in French unless the parties expressly choose another language.
Is Quebec's rule on certified French translations of company court filings in force?
No. Section 9 of the Charter of the French Language, which would require a certified French translation of any English pleading filed by a legal person, was suspended by a decision of the Superior Court of Québec before it was due to take effect on September 1, 2022. The official consolidation updated to August 12, 2026 still shows it suspended.
Which version controls in a bilingual contract?
The one the language clause names. If both versions are equally authoritative, any difference becomes a dispute about intent, and in Quebec a doubtful adhesion contract is interpreted in favour of the adhering party. Have both versions checked before anyone signs.
Does a contract translation need to be notarized or apostilled?
For a Canadian court, the translator's affidavit is sworn before a commissioner for taking affidavits or a notary public, which is the notarization that matters. An apostille is only for documents going abroad; the Apostille Convention has applied in Canada since January 11, 2024.
How much does a contract translation cost, and how long does it take?
Official Translations charges CA$39.95 per page of up to 300 words, with a signed Certificate of Accuracy, and the translator's sworn affidavit is CA$24.95 per document. One-page documents are usually delivered within 24 hours, and longer contracts take one to three business days.
