Notary Public Alberta: Everything You Need to Know

If you need to have legal documents notarized in Alberta, you will need to find a Notary Public. A Notary Public is a legal professional who is authorized to witness and certify the signing of legal documents. In Alberta, Notaries Public are appointed by the Ministry of Justice and Solicitor General. They are authorized to perform a variety of legal services, including administering oaths, taking affidavits, and certifying true copies of documents.

To become a Notary Public in Alberta, you must meet certain qualifications and complete an application process. The Notaries Public Review Committee reviews all applications and assesses candidates based on specific criteria. Once appointed, Notaries Public are required to adhere to a strict code of conduct and follow specific instructions when performing their duties.

If you are looking for a Notary Public in Alberta, there are many resources available to you. The Ministry of Justice and Solicitor General provides a list of Notaries Public on their website, and there are also many private legal firms that offer notary services. Whether you need to have a will witnessed, a power of attorney certified, or a legal document notarized, a Notary Public in Alberta can help ensure that your documents are legally binding and enforceable.

Key Takeaways

Becoming a Notary Public in Alberta

If you are interested in becoming a notary public in Alberta, there are certain eligibility criteria that you must meet, an application process that you must follow, and required documents that you must submit. Here is an overview of how to become a notary public in Alberta.

Eligibility Criteria

To be eligible to become a notary public in Alberta, you must meet the following criteria:

Application Process

Once you have confirmed that you meet the eligibility criteria, you can begin the application process. Here are the steps you need to follow:

  1. Obtain an application form from the Ministry of Justice website.
  2. Complete the application form in full and sign it.
  3. Obtain a criminal record check from your local police department. You will need to submit the original criminal record check with your application.
  4. Pay the application fee, which is currently $50.
  5. Submit your completed application form, original criminal record check, and application fee to the Ministry of Justice.

Required Documents

When you submit your application to become a notary public in Alberta, you will need to include the following documents:

It is important to note that the Ministry of Justice may also request additional information or documents from you as part of the application process.

Overall, becoming a notary public in Alberta requires you to meet certain eligibility criteria, complete an application process, and submit required documents. If you have any questions about the process or requirements, you can contact the Ministry of Justice for more information.

Duties and Responsibilities

As a notary public in Alberta, you have important duties and responsibilities that are essential to the proper functioning of legal and official affairs. Here are some of the key duties and responsibilities that you will be expected to perform:

Administering Oaths

One of the most important duties of a notary public is to administer oaths. When you administer an oath, you are essentially asking someone to swear that they are telling the truth. This is an important responsibility, as oaths are often required in legal proceedings and other official situations. To administer an oath, you will need to have the person place their hand on a religious text or other appropriate object and then recite the oath.

Affirmations and Declarations

In addition to administering oaths, a notary public in Alberta is also authorized to take and receive affirmations and declarations. An affirmation is similar to an oath, but it does not involve any religious text or belief. Instead, the person simply affirms that they are telling the truth. A declaration, on the other hand, is a written statement that is signed and sworn to be true.

Handling Official Documents

Another important responsibility of a notary public is to handle official documents. This includes certifying and attesting true copies of documents and witnessing or certifying and attesting the execution of documents. You may also need to affix your seal and signature to certain documents to verify their authenticity.

As you can see, being a notary public in Alberta is a serious responsibility that requires a high level of knowledge and expertise. By performing your duties and responsibilities with care and attention to detail, you can help ensure that legal and official affairs are conducted smoothly and efficiently.

Regulatory Framework

As a notary public in Alberta, you are governed by a regulatory framework that includes the Notaries and Commissioners Act, codes of conduct, and the Notaries Public Review Committee.

Notaries and Commissioners Act

The Notaries and Commissioners Act is the primary legislation governing notaries public in Alberta. It outlines the procedure for the appointment of notaries public and commissioners for oaths, as well as their roles and responsibilities. The Ministry of Justice appoints notaries public and commissioners for oaths and administers the act and regulations. The act also sets out the expiry of appointments, which is two years after December 31 of the year in which the appointment was made [^1].

Codes of Conduct

Notaries public in Alberta are expected to adhere to a strict code of conduct. The code of conduct sets out the ethical and professional standards that notaries public must follow when performing their duties. The code of conduct is set out in the Notaries Public Regulation, which is a schedule to the Notaries and Commissioners Act. Notaries public must also follow any other relevant codes of conduct, such as those set out by their professional associations [^2].

Notaries Public Review Committee

The Notaries Public Review Committee is responsible for investigating complaints against notaries public in Alberta. The committee is made up of three members appointed by the Minister of Justice. The committee has the power to investigate complaints, hold hearings, and make recommendations to the Minister of Justice. The committee also has the power to discipline notaries public who have breached the code of conduct or acted unprofessionally [^3].

As a notary public in Alberta, it is important to understand the regulatory framework that governs your profession. By following the Notaries and Commissioners Act, codes of conduct, and the decisions of the Notaries Public Review Committee, you can ensure that you are providing professional and ethical services to your clients.

Commissioner for Oaths

Role and Function

A Commissioner for Oaths in Alberta is authorized to administer oaths and take affidavits, affirmations, and declarations in and for Alberta. This person is empowered by virtue of their office or status to administer oaths and take and receive affidavits, affirmations, and declarations in Alberta for use in Alberta.

A Commissioner for Oaths can only administer oaths or take affidavits related to matters that are within the jurisdiction of Alberta. They cannot perform these functions for matters that are outside of Alberta.

Appointment Process

A Commissioner for Oaths in Alberta can be appointed in different ways. A person may be a Commissioner for Oaths by virtue of office (ex officio), as set out in the Notaries and Commissioners Act. For example, a judge, a lawyer, and a student-at-law are Commissioners for Oaths by virtue of their office.

In addition, a Commissioner for Oaths may also be appointed by the Minister of Justice and Solicitor General. The appointment process involves submitting an application form and paying a fee. Once appointed, a Commissioner for Oaths is authorized to administer oaths and take affidavits for a period of three years.

To become a Commissioner for Oaths, you must be a resident of Alberta and at least 18 years old. You must also not have any criminal convictions or outstanding charges.

Overall, the role of a Commissioner for Oaths in Alberta is to administer oaths and take affidavits in a reliable and impartial manner. If you need the services of a Commissioner for Oaths, you can find one at a registry office or through a lawyer.

Legal Professionals and Public Officials

As a notary public in Alberta, you are part of a group of legal professionals and public officials who play an important role in ensuring the integrity of legal documents and transactions. In this section, we will discuss the role of lawyers, judges, and parliamentary members as notaries.

Lawyers as Notaries

Many lawyers in Alberta are also notaries public. As a lawyer, you have the legal knowledge and expertise to provide notary services to your clients. When you act as a notary, you are not acting as a lawyer and your notary services are separate from your legal practice.

As a notary, you can provide a range of services to your clients, including administering oaths, taking affidavits, and certifying documents. You must follow the same rules and regulations as other notaries in Alberta, and you must ensure that you are notarizing documents in compliance with the law.

Judges and Parliamentary Members

Judges and parliamentary members in Alberta can also act as notaries public. As a judge or parliamentary member, you have a unique perspective and understanding of the law that can be valuable when providing notary services.

When you act as a notary, you must ensure that you are notarizing documents in compliance with the law and that you are not using your position as a judge or parliamentary member to influence the outcome of a matter.

Whether you are a lawyer, judge, or parliamentary member, acting as a notary public is an important responsibility. By providing notary services to your clients, you are helping to ensure the integrity of legal documents and transactions in Alberta.

Online Services and Resources

As a resident of Alberta, you can access a variety of online services and resources for notary public services. Some of the most useful resources include MyAlberta eServices and the Contact and Support page.

MyAlberta eServices

MyAlberta eServices is a secure online portal that allows you to access a range of government services and transactions, including renewing your notary public license. This service provides a convenient way to pay for notary public renewals online, saving you time and hassle.

To use MyAlberta eServices, you will need to create an account and log in. Once you have logged in, you can easily navigate to the notary public renewal service and follow the step-by-step instructions to complete your renewal. You can also use this service to update your contact information, view your transaction history, and more.

Contact and Support

If you have any questions or concerns about notary public services in Alberta, you can contact the government’s Contact Centre for assistance. The Contact Centre is staffed by knowledgeable representatives who can help you with a wide range of issues related to notary public services, including answering questions about the application process, providing information about the rules and regulations governing notary publics, and more.

In addition to the Contact Centre, you can also visit one of the many government offices located throughout Alberta to access notary public services in person. These offices are staffed by experienced professionals who can help you with all aspects of notary public services, from administering oaths and taking affidavits to certifying and attesting true copies of documents.

Overall, the online services and resources available for notary public services in Alberta make it easy and convenient to access the services you need. Whether you prefer to renew your license online or visit a government office in person, there are plenty of options available to help you get the assistance you need.

Protecting Personal Information

As a notary public in Alberta, you are responsible for protecting personal information in accordance with the Freedom of Information and Protection of Privacy (FOIP) Act. This means that when you collect personal information, you must take steps to ensure that it is kept safe and secure.

Freedom of Information and Protection of Privacy

The FOIP Act is a provincial law that governs the collection, use, and disclosure of personal information by public bodies in Alberta. As a notary public, you are considered a public body for the purposes of the FOIP Act. This means that you must comply with the requirements of the FOIP Act when you collect, use, or disclose personal information.

Under the FOIP Act, personal information is defined as “recorded information about an identifiable individual.” This can include information such as a person’s name, address, phone number, email address, or social insurance number. When you collect personal information, you must take steps to ensure that it is accurate, complete, and up-to-date.

To protect personal information, you should take steps such as:

By following these steps, you can help ensure that personal information is kept safe and secure.

Service Accessibility

If you’re looking to access notary public services in Alberta, you’ll be pleased to know that there are many locations across the province where you can do so. Here’s what you need to know about the accessibility of notary public services in Alberta.

Office Locations

Notary public services are available at various locations across Alberta. You can find a notary public at government offices, law firms, and other locations throughout the province. If you’re looking for a notary public in Edmonton, for example, you can visit the Edmonton Notary Services office at 9422 111 Avenue NW, Edmonton, AB T5G 0A4, which offers appointments for notary public services.

Service Hours

Notary public services are typically available during regular business hours, which are usually Monday to Friday, 9:00 am to 5:00 pm. However, some government offices may have different hours of operation, and some may be closed on weekends and holidays. It’s always a good idea to check the hours of operation of the office you plan to visit before you go.

Related Posts

Legislation and Publications

As a notary public in Alberta, it is important to stay up-to-date with the latest legislation and publications related to your profession. Here are some resources that you can use to stay informed:

Alberta King’s Printer

The Alberta King’s Printer is the official publisher of the Government of Alberta. They publish all of the laws and regulations that apply to notaries public in Alberta. You can access these publications online for free at the Alberta King’s Printer website.

Some of the key publications that you may find useful include the Notaries and Commissioners Act, which sets out the procedures for the appointment of a notary public and a commissioner for oaths, as well as their roles and responsibilities. You may also want to review the Notaries Public Regulation, which provides more detailed information on the requirements for becoming a notary public in Alberta.

Fact Sheets and Regulations

In addition to the laws and regulations published by the Alberta King’s Printer, there are also a number of fact sheets and regulations that can help you better understand your role as a notary public. These resources are often published by the Ministry of Justice and Solicitor General.

One useful fact sheet is the “Information and Instructions for Notaries Public,” which provides an overview of the types of services that notaries public can provide, such as administering oaths and taking affidavits. Another helpful resource is the “Code of Conduct for Notaries Public,” which outlines the ethical standards that notaries public are expected to adhere to.

Finally, it is important to be aware of any changes to the regulations that govern notaries public in Alberta. The Ministry of Justice and Solicitor General regularly updates these regulations, so it is a good idea to check their website periodically to ensure that you are complying with the latest requirements.

By staying up-to-date with the latest legislation and publications related to your profession, you can ensure that you are providing the best possible service to your clients.

Frequently Asked Questions

What are the qualifications required to become a Notary Public in Alberta?

To become a Notary Public in Alberta, you must meet certain qualifications, including being a Canadian citizen or permanent resident, at least 18 years old, and a resident of Alberta. Additionally, you must have a clean criminal record and be of good character. You must also complete an application process and pass an examination.

Can any document be notarized by a Notary Public in Alberta, and what are the limitations?

Not all documents can be notarized by a Notary Public in Alberta. A Notary Public must be satisfied that the person signing the document understands the nature and effect of the document.

Certain documents, such as wills and real estate transactions, require additional legal expertise and cannot be notarized by a Notary Public. However, a Notary Public can certify the Affidavit of Execution for a witness to a Last Will and Testament, and certain Affidavits in relation to a real estate transaction.

What is the typical process to have a document notarized in Alberta?

To have a document notarized in Alberta, you must first find a Notary Public. You will need to bring the document to the Notary Public and provide identification. The Notary Public will verify your identity and witness your signature. They will then affix their seal and signature to the document, certifying that they have witnessed the signing of the document.

Are there any free notarization services available in Alberta, and if so, where can they be found?

There are some free notarization services available in Alberta, such as those provided by some law firms and non-profit organizations. However, these services are often limited in scope and availability. It is recommended that you contact individual organizations to inquire about their services and availability.

What are the legal differences between a Notary Public and a Commissioner of Oaths in Alberta?

Although both Notaries Public and Commissioners of Oaths can administer oaths and affirmations, Notaries Public have additional powers. Notaries Public can also witness and certify the execution of documents, attest to the authenticity of documents, and certify true copies of documents. Commissioners of Oaths are limited to administering oaths and affirmations.

What are the current fees for notarization and commissioning oaths in Alberta?

The current fees for notarization and commissioning oaths in Alberta are not set by the government and can vary between service providers. It is recommended that you contact individual Notaries Public and Commissioners of Oaths to inquire about their fees.