Certified Translator Definition

[himajin]

Hi, I need to get a translation of my wife's family register in Japan, but there seems to be a contradiction on the IRCC website.

TL;DR: In one place, it says the translator must be certified in Canada. In another, it says they can also be certified abroad. We want to know which one is correct.

On the below-linked site, it says:
You must submit the following for any document that is not in English or French, unless otherwise stated on your document checklist:

• the English or French translation; and
• an affidavit from the person who completed the translation (if they’re not a certified translator); and
• a certified copy of the original document.

If the translation is not done by a certified translator (a member in good standing of a provincial or territorial association of translators and interpreters in Canada), you must submit an affidavit swearing to the accuracy of the translation and the language proficiency of the translator.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#documents
However, the same website has a link to a page with definitions, where it says:
A certified translator is a member in good standing of a professional translation association in Canada or abroad.
https://www.canada.ca/en/services/immigration-citizenship/helpcentre/glossary.html#certified_translator

Has anyone submitted a foreign-language document that was translated by a person who was recognized by a non-Canadian translation organization?

 

[armoured]

Hi, I need to get a translation of my wife's family register in Japan, but there seems to be a contradiction on the IRCC website.

TL;DR: In one place, it says the translator must be certified in Canada. In another, it says they can also be certified abroad. We want to know which one is correct.
...
Has anyone submitted a foreign-language document that was translated by a person who was recognized by a non-Canadian translation organization?

Ignore those insturctions if abroad. Basically if a translator is 'certified' by whatever organisation does that in your country, that will work. If in doubt, find something that will be accepted 'by embassies.'

I do not know Japan but in much of world, you can go to a translation bureau or notary (often they work together) and ask for translation plus certified copy as you will need that to. Or notary and say certified copy plus translation 'for an embassy.'

In worst case you could call Canadian embassy consular service and ask what they require for Japanese docs, it would basically be the same.

Good luck.

 

[Huntingwhale]

I translated our documents from Polish -> English from a Polish certified translation company. They knew to put that affidavit on the translation. I believe all certified translators around the world have a universal agreement in place to make sure their is some kind of affidavit that is recognized worldwide. Ours was not word for word the same as the instructions, but it was based on the rules of the country, so it worked out fine. Got our COPR before Christmas with no translation issues.

 

[armoured]

I translated our documents from Polish -> English from a Polish certified translation company. They knew to put that affidavit on the translation. I believe all certified translators around the world have a universal agreement in place to make sure their is some kind of affidavit that is recognized worldwide. Ours was not word for word the same as the instructions, but it was based on the rules of the country, so it worked out fine. Got our COPR before Christmas with no translation issues.

In Europe and esp countries that have civil law systems closely derived from european civil law it's generally pretty consistent and similar. Extends to countries like central asia and I think Mongolia as well, for example, because derived from USSR. And in this repsect English-derived common law isn't substantially different. Certified copy plus certified translation, notaries and translators know how to make this work.

But of course there are places all over with local peculiarities, I don't know about Japan. (I understand some countries in Latin America have specific issues with certified translations and copies of some government documents).

Repeating though: usually what would be accepted 'at foreign embassies' is fine.

One other generality: some other countries might require apostilles (certified by govt eg foreign affairs ministry), Canada doesn't and so for the most part not needed and a waste of time and money.

 

[MJSPARV]

My sister has worked as a certified translator in two countries and she's done a lot if translation of immigration related stuff and she says that basically your translator needs to be certified in your country/able to do embassy documents as others have said. You could contact the Canadian embassy in Japan and ask if there are any special requirements for translation in Japan. They'll know because they deal with it routinely

 

[himajin]

Thanks to everyone for the answers. I have also confirmed it with my member of parliament's immigration consultant. She said a certified translator does NOT have to be certified by a Canadian translators' association, so the IRCC website is incorrect as usual.

 

[armoured]

Thanks to everyone for the answers. I have also confirmed it with my member of parliament's immigration consultant. She said a certified translator does NOT have to be certified by a Canadian translators' association, so the IRCC website is incorrect as usual.

I don't think your characterisation is accurate. The site has problems but if you click the link for certified translator it reads:
"A certified translator is a member in good standing of a professional translation association in Canada or abroad."
You quoted a part above out of context, as it also says trabslators not certified in Canada must provide the affidavit (about it being a true and accurate translation). Which does apply to foreign certified translators too.

At any rate it should be much clearer and I'm glad it worked out for you. They really could explain it better even if it's not outright wrong.

 

[himajin]

Armoured, thanks for the additional information. Can I ask where it says that translators not certified in Canada must provide an affidavit? This is the whole point of my question, actually, because it will cost me an extra $270 if I need to get one.
I have a translator in Japan who was previously accepted by the Canadian embassy in Tokyo without an affidavit to provide a translation of our family register when my kids applied for citizenship, and we want to use him again.
My reason for thinking there is a contradiction on the website and that we can use our foreign-certified translator is that :
1. In one place, the website seems to clearly say that an affidavit is not necessary if the person is a certified translator.
("You must submit the following for any document that is not in English or French, unless otherwise stated on your document checklist: the English or French translation; and an affidavit from the person who completed the translation (if they’re not a certified translator);")
Then, it says that a certified translator is "is a member in good standing of a professional translation association in Canada or abroad. " To me, that means that a person who is certified either in Canada abroad does NOT need an affidavit.
2. The person in the MP's office said that if a translation by the person without an affidavit was accepted by the embassy, the IRCC will accept it too.
3. I believe that the point of what they're saying is that if you use a translator who is not recognized by the Canadian government or a foreign translation association, the person has to get an affidavit. This happened to me when I used a translator friend who was not certified by a professional organization - we had to go to the Canadian embassy and she had to swear an affidavit that it was accurate.
4. As I pointed out in my original post, on the same page, the IRCC says, "If the translation is not done by a certified translator (a member in good standing of a provincial or territorial association of translators and interpreters in Canada), you must submit an affidavit swearing to the accuracy of the translation and the language proficiency of the translator." To me, rather than being "unclear" this directly contradicts the section I quoted in 1. about not needing an affidavit if the translator is certified.

If you could be kind enough to tell me your opinion about this, I'd appreciate it because you seem very knowledgeable and this immigration process is already extremely expensive, so it would be a problem for me if I have to spend even more money for the affidavit. I hope it doesn't seem like I'm arguing, I just don't want to make a seriously and costly mistake!

 

[himajin]

This also indicates to me that an affidavit is not necessary:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/translation.html#s2

 

[MJSPARV]

Armoured, thanks for the additional information. Can I ask where it says that translators not certified in Canada must provide an affidavit? This is the whole point of my question, actually, because it will cost me an extra $270 if I need to get one.
I have a translator in Japan who was previously accepted by the Canadian embassy in Tokyo without an affidavit to provide a translation of our family register when my kids applied for citizenship, and we want to use him again.
My reason for thinking there is a contradiction on the website and that we can use our foreign-certified translator is that :
1. In one place, the website seems to clearly say that an affidavit is not necessary if the person is a certified translator.
("You must submit the following for any document that is not in English or French, unless otherwise stated on your document checklist: the English or French translation; and an affidavit from the person who completed the translation (if they’re not a certified translator);")
Then, it says that a certified translator is "is a member in good standing of a professional translation association in Canada or abroad. " To me, that means that a person who is certified either in Canada abroad does NOT need an affidavit.
2. The person in the MP's office said that if a translation by the person without an affidavit was accepted by the embassy, the IRCC will accept it too.
3. I believe that the point of what they're saying is that if you use a translator who is not recognized by the Canadian government or a foreign translation association, the person has to get an affidavit. This happened to me when I used a translator friend who was not certified by a professional organization - we had to go to the Canadian embassy and she had to swear an affidavit that it was accurate.
4. As I pointed out in my original post, on the same page, the IRCC says, "If the translation is not done by a certified translator (a member in good standing of a provincial or territorial association of translators and interpreters in Canada), you must submit an affidavit swearing to the accuracy of the translation and the language proficiency of the translator." To me, rather than being "unclear" this directly contradicts the section I quoted in 1. about not needing an affidavit if the translator is certified.

If you could be kind enough to tell me your opinion about this, I'd appreciate it because you seem very knowledgeable and this immigration process is already extremely expensive, so it would be a problem for me if I have to spend even more money for the affidavit. I hope it doesn't seem like I'm arguing, I just don't want to make a seriously and costly mistake!

Personally I'd go with what the embassy told you, that the certified translator does NOT need an affidavit. They deal with translated documents all the time. I agree with the point that what you quoted in #4 COULD be interpreted to mean a foreign translator needs an affidavit but I'd seriously just go with what the embassy says and what the explicit instructions say in #1. You could also ask the translator if he or she has needed to do an affidavit before for Canadian documents. Presumably if this person has translated documents for Canadians before and an affidavit was needed s/he would know, either because of doing it when doing the translation or because an unhappy customer came back and said "hey, your translation wasn't accepted without an affidavit."

 

[himajin]

Thanks, MJSPARV. All your advice makes sense, but unfortunately, the embassy only deals with citizenship certificates, so they can't advise me on this matter, and the translator I want to use doesn't seem to have done translations for family class sponsorships. And it seems to be impossible to contact immigration directly these days, which I'm finding incredibly frustrating.

 

[armoured]

Armoured, thanks for the additional information. Can I ask where it says that translators not certified in Canada must provide an affidavit? This is the whole point of my question, actually, because it will cost me an extra $270 if I need to get one.
I have a translator in Japan who was previously accepted by the Canadian embassy in Tokyo without an affidavit to provide a translation of our family register when my kids applied for citizenship, and we want to use him again.

Please refer to my previous advice, chill, and go to a local translator and/or notary (who will work together) and ask them to do the package that embassies require. This will almost certainly work.

Detail: An 'affidavit' is simply a written statement saying something like "I swear this stuff here that I'm saying." There are more elaborate definitions involving an oath in front of an officer of some kind etc. They don't matter for this context. (If you want to argue the point, hire a lawyer and argue with them - I'm only interested in helping you get your translation accepted.) What matters is that the translator affixes some kind of statement and/or stamp saying it's a true translation (or whatever - IRCC is NOT going to argue the point about precise language) - that's what I'm referring to as the affidavit or statement.

And the main point is: a certified translator in a foreign country will, as a matter of course (whatever is required locally) affix some statement that's similar.

Whatever framework you need: go to a reputable translator or a notary if you don't know how to find out whether the translator is certified; ask for a certified translation and a certified copy of the original (however they affix a stamp or statement and/or sign). That's it.

I got the text I cited from your link.

My reason for thinking there is a contradiction on the website and that we can use our foreign-certified translator is that :
1. In one place, the website seems to clearly say that an affidavit is not necessary if the person is a certified translator.
("You must submit the following for any document that is not in English or French, unless otherwise stated on your document checklist: the English or French translation; and an affidavit from the person who completed the translation (if they’re not a certified translator);")

I know the site is not well structured and seems to contradict itself in places, because it switches context discussing translations in Canada and abroad. I really don't care much about the details, I was pointing out that you cited partly out of context. I apologise, doesn't matter. I'm sorry I unintentionally reopened the issue.

If the Canadian embassy will accept similar documents for similar purposes translated this way, so will IRCC.

 

[himajin]

Thanks for the reassurances, Armoured. I'm now more confident that it's OK for me to use the person I found in Tokyo.

One thing I'd like to point out is that it seems like the contradictions on the IRCC website are potentially causing people to unnecessarily pay hundreds of dollars in notary fees that they don't need to be paying if their translator is already certified by a recognized international organization.

Also, just in case others are using this thread as a reference, according to the IRCC, an affidavit seems to be more than just a statement by the translator. When the IRCC refers to the term, this is their definition:
Affidavit
An affidavit for a translation is a document that states that the translation is an accurate version of the original text. The translator swears that their translation is an accurate representation of the contents of the original document.
The translator does this in front of a commissioner authorized to administer oaths in the country where they live. The commissioner or notary public must be proficient in English or French in order to administer the oath.
All stamps and seals that are not in English or French must also be translated.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/translation.html#s2

 

[armoured]

Thanks for the reassurances, Armoured. I'm now more confident that it's OK for me to use the person I found in Tokyo.

One thing I'd like to point out is that it seems like the contradictions on the IRCC website are potentially causing people to unnecessarily pay hundreds of dollars in notary fees that they don't need to be paying if their translator is already certified by a recognized international organization.

They DO need the notary to certify the document submitted (to which the translation is attached) is true copy of original.

The notary and translator can work the rest out - i.e. NOT worry about affidavit as a separate thing.

This works.

I don't know about their manuals.

 

[himajin]

I think I see where the confusion was now. In Japan, copies of the family register are authorized as true copies by the local authority, so a notary public is not necessary for them. I thought you were saying a notary was required for the translation itself. Thanks for clearing it up.