Commissioners for Oaths and Notaries Public (Alberta)

The Minister of Justice and Solicitor General administers both programs for members of the public who wish to apply. It sets the criteria for applications and takes care of renewals, when necessary. The Ministry has also established a Code of Conduct for both Notaries and Commissioners.

The Code sets out that Notaries and Commissioners must act with honesty, integrity and dignity and treat all people with courtesy and respect, along with other requirements. Alberta’s Notaries and Commissioners Act sets out penalties if an appointed person contravenes the Act.

Last Reviewed: December 2019

An oath is a solemn statement accompanied by swearing to a supreme being or something sacred to the person taking the oath. The person making the oath considers it to be binding on their conscience.

Oaths are often used to confirm the truth of a written statement (called an “affidavit”) to be used in court, estate or land title matters. To be valid, an oath must be taken before a Commissioner for Oaths or a Notary Public.

A person can choose to take an oath or affirmation.

Last Reviewed: December 2019

An affirmation is a non-religious solemn statement that has the same effect as an oath. The person making the affirmation considers it to be binding on their conscience.

Affirmations are often used to confirm the truth of a written statement (called an “affidavit”) to be used in court, estate or land title matters. To be valid, an affirmation must be taken before a Commissioner for Oaths or a Notary Public.

A person can choose to take an oath or affirmation.

Last Reviewed: December 2019

You can search for Commissioners for Oaths and Notaries Public on the internet (Google!). You can also look in the Yellow Pages.

All law offices will have Commissioners or Notaries (because all practicing lawyers are Commissioners or Notaries and usually some of their staff are too). Courthouse clerks are usually also Commissioners and can help commission court documents.

The following are also Commissioners because of their office:

• judges
• lawyers and students-at-law
• political representatives (Members of the Legislative Assembly of Alberta, Members of Parliament for Canada, and members of the Senate of Canada who resided in Alberta when appointed as senator)
• Métis settlement councillors
• municipal councillors
• school board trustees
• full-time commissioned officers of the Canadian Forces (in Canada or outside Canada)
• police officers

The following are also Notaries because of their office:

• judges
• lawyers and students-at-law
• political representatives (Members of the Legislative Assembly of Alberta, Members of Parliament for Canada, and members of the Senate of Canada who resided in Alberta when appointed as senator)

Starting January 27, 2020, the Edmonton Community Legal Clinic (ECLC) is offering a free Commissioner of Oaths clinic on the last Monday of every month from 5:30pm to 7:30pm. For more information, contact ECLC.

Last Reviewed: December 2019

Most times, yes. However, there is no set fee for these services. You should ask about fees when you make an appointment.

Last Reviewed: December 2019

Usually if you are signing documents for use in another province or territory in Canada, the document should be sworn or affirmed before a Notary Public.

If you are signing documents for use outside of Canada, the document should be sworn or affirmed before a Notary Public. The place where the document is going may also require a certificate of authentication. This certificate confirms the Notary Public’s status, signature and seal. To get a certificate, contact the Deputy Provincial Secretary’s Office. Getting a certificate can take time, depending on if you submit your request in person or by mail, so make sure you don’t leave it until the last minute!

Last Reviewed: December 2019

A Commissioner for Oaths administers oaths, and takes and receives affidavits, declarations and affirmations that will be used in Alberta. A Commissioner’s role is defined in Alberta’s Notaries and Commissioners Act.

Commissioners must write the following on all documents they commission:

• their name and signature;
• the expiry date of their appointment, or their office or status; and
• the words “A Commissioner for Oaths in and for Alberta”.

Last Reviewed: December 2019

You must:

• be at least 18 years of age; and
• reside in Alberta (or in the part of Lloydminster that is located in Saskatchewan).

Some people are automatically Commissioners because of the office they hold:

• judges
• lawyers and students-at-law
• political representatives (Members of the Legislative Assembly of Alberta, Members of Parliament for Canada, and members of the Senate of Canada who resided in Alberta when appointed as senator)
• Métis settlement councillors
• municipal councillors
• school board trustees
• full-time commissioned officers of the Canadian Forces (in Canada or outside Canada)
• police officers

These individuals are only Commissioners so long as they keep their office. As soon as they stop holding that office, they stop being a Commissioner (unless they apply as a general member of the public).

Last Reviewed: December 2019

To apply, you must:

1. Complete an application for appointment/renewal as a Commissioner for Oaths. To get a copy of the application, email your name and mailing address to the Official Documents & Appointments office at official.documents@gov.ab.ca. This office will then mail an application to you.
2. Study the Information and Instruction Booklet and see a lawyer to be examined on the duties and powers of a Commissioner for Oaths appointment.
3. Submit the application fee by cheque or money order payable to the Government of Alberta.

NOTE: You do not have to pay the application fee if you are employed with the Government of Alberta or Canada or an agency of either one, the Métis Settlements General Council or a Métis settlement, or a municipality.

Applications normally take 2 to 3 weeks for processing. If you are approved, the government will send you a Certificate of Appointment by mail.

For more information about the application process, please contact:

Official Documents & Appointments
111, 9833 – 109 Street
Edmonton, AB  T5K 2E8
Tel: 780.427.5981
E-mail: official.documents@gov.ab.ca

Last Reviewed: December 2019

If you are appointed by the Minister to be a Commissioner, your appointment expires on the 3rd anniversary of your birthday after the date of your appointment. Review your Certificate of Appointment for the expiry date.

If you are a Commissioner because of the office you hold, you can act as a Commissioner so long as you hold that office. When you stop holding that office, you stop being a Commissioner (unless you otherwise apply to be a Commissioner).

The Minister can also revoke your appointment at any time because of your conduct.

Last Reviewed: December 2019

The government will send you a notice 8 weeks before your appointment expires. The notice will include an application form so you can apply for re-appointment if you want to.

You cannot act after your appointment expiry date unless you have been approved for renewal. If you do act, you can be penalized.

Last Reviewed: December 2019

A Notary Public can:

• administer oaths, and take affidavits, declarations and affirmations;
• attest oaths, affidavits, affirmations or declarations;
• certify and attest true copies of a document (called a “notarized copy”); and
• witness or certify and attest the execution of a document.

A Notary Public can perform these functions for documents to be used in Alberta, elsewhere in Canada and internationally.

A Notary Public who is a judge or lawyer may also witness, certify or attest deeds, contracts and commercial instruments, such as a promissory note.

A Notary Public’s role is defined in Alberta’s Notaries and Commissioners Act.

Notaries must include the following on all documents they notarize:

• the Notary’s seal (which must show their name, and the words “Notary Public” and “Province of Alberta”);
• their name and signature; and
• the expiry date of their appointment or their office or status.

Last Reviewed: December 2019

You must:

• be at least 18 years of age;
• be a Canadian citizen or permanent resident; and
• reside in Alberta (or in the part of Lloydminster that is located in Saskatchewan).

Some people are automatically Notaries because of the office they hold:

• judges
• lawyers and students-at-law
• political representatives (Members of the Legislative Assembly of Alberta, Members of Parliament for Canada, and members of the Senate of Canada who resided in Alberta when appointed as senator)

These individuals are only Notaries so long as they keep their office. As soon as they stop holding that office, they stop being a Notary Public (unless they apply as a general member of the public).

Last Reviewed: December 2019

Before applying, review the Notary Public Appointment Application Process and Review Criteria document and the Information and Instructions for Notaries Public booklet, both produced by the Government of Alberta.

To apply, you must:

1. Complete the application form for a Notary Public. To get a copy of the application, email your name and mailing address to the Official Documents & Appointments office at official.documents@gov.ab.ca. This office will then mail an application to you.
2. Submit a Criminal Record Check (must be from a recognized police agency).
3. Provide a formal Letter of Support.
4. Provide two separate samples of documents to be notarized with an explanation of why they require notarization.
5. Provide an explanation why the services of a lawyer cannot be used to notarize documents.
6. Submit the application fee by cheque or money order payable to the Government of Alberta.

NOTE: You do not have to pay the application fee if you are employed with the Government of Alberta or Canada or an agency of either one, or if you are a police officer.

Applications are reviewed by the Notaries Public Review Committee, which meets 3 to 4 times per year. After the review, you will receive a letter advising of the results of the review.

For further information about the application process, contact:

Official Documents & Appointments
111, 9833 – 109 Street
Edmonton, AB  T5K 2E8
Tel: 780.427.5069
E-mail: official.documents@gov.ab.ca

Last Reviewed: December 2019

If you are appointed by the Minister to be a Notary, your appointment expires two years after December 31st of the year in which the appointment was made. Review your Certificate of Appointment for the expiry date.

If you are a Notary because of the office you hold, you can act as a Notary so long as you hold that office. When you stop holding that office, you stop being a Notary (unless you otherwise apply to be a Notary).

The Minister can also revoke your appointment at any time because of your conduct.

Last Reviewed: December 2019

The government will send you a notice a few months before your appointment expires. The notice will include an application form and review criteria so you can apply for re-appointment if you want to.

You cannot act after your appointment expiry date unless you have been approved for renewal. If you do act, you can be penalized.

Last Reviewed: December 2019