COMMISSIONER FOR OATHS, NOTARY PUBLIC

A Notary Public has the power to administer oaths, and take and receive affidavits, declarations and affirmations, just as a Commissioner for Oaths can. However, the Notary Public may do several things that a Commissioner cannot. A Notary Public may deal with documents that will be used outside of Alberta (for example, an affidavit to be used in a lawsuit being conducted in the United States). A Notary also has the power to issue certificates under the Guarantees Acknowledgment Act, another Alberta statute.

Powers and rights of a notary public:
A notary public may, during pleasure,
   (a) administer oaths and take affidavits, affirmations and declarations attested by the notary public’s signature and seal,
   (b) draw, pass, keep and issue deeds, contracts, charter parties and other mercantile transactions in Alberta,
   (c) attest all commercial instruments that are brought before the notary public for public protestation,
   (d) exercise all the other powers that customarily pertain to the office of notary public, and
   (e) demand, receive, and have all the rights, profits and emoluments rightfully appertaining and belonging to the calling of notary public.

The appointment of a notary public may be made so that the powers of the notary public are limited to the following:
   (a) administering oaths and taking affidavits, affirmations and declarations attested by the notary public’s signature and seal;
   (b) attesting all commercial instruments that are brought before the notary public for public protestation;
   (c) issuing certificates under the Guarantees Acknowledgment Act;
   (d) certifying copies of documents as being true copies.

An oath is a solemn declaration that a statement is true. An oath must be taken before a Commissioner for Oaths or a Notary Public for it to be valid. Oaths are often used to confirm a written statement, known as an affidavit, for use in court, estate, or land title transactions.

Click here to view an example of a Certificate of Notary Public form for the Province of Alberta, pursuant to the Guarantees Acknowledgement Act. The Notary Public certifies that the guarantor has examined the guarantee, understands the contents and has acknowledged executing the same.