___________________________________________________________

INFORMATION
AND
INSTRUCTIONS

For
Notaries Public

___________________________________________________________
This guide is prepared to assist
Notaries Public. It is not legal advice.
If you are in need of legal advice,
please consult a lawyer. If anything
in this booklet is inconsistent with
the Notaries and Commissioners Act
or the Notaries Public Regulation,
the act and regulation govern.
Contents
Definitions ...............................................................................1
The Role and Responsibilities of Notaries Public ....................3
What Notaries Public Can Do ..............................................3
Affidavits and Statutory Declarations .................................4
A Notary Public May be Called to Give Evidence ................5
Criminal Liability of a Notary Public ....................................5
A Spouse’s Oath, Affirmation or Declaration ......................5
Documents that are Legally Ineffective or Obviously
Irregular ..............................................................................6
Taking Affidavits or Statutory Declarations ............................6
How to Administer an Oath to a Person Making an Affidavit
............................................................................................6
How to Administer an Affirmation to a Person Making an
Affidavit ...............................................................................7
How to Administer a Solemn Declaration to a Person
Completing a Statutory Declaration ...................................8
Alterations...........................................................................9
The Jurat............................................................................10
Seal, Name and Appointment Expiry Date or Office.........11
Exhibits ..............................................................................12
When a Person is Visually Impaired or Unable to Read ...12
When a Person Does not speak English ............................12
When a Person is Hearing Impaired .................................14
Notary Public Title.............................................................15
Documents for Use Outside Alberta .................................15
Authentication/Legalization..............................................15
Additional Information for Appointed Notaries Public.........17
Re-appointment of a Notary Public ..................................17
Change of Employment or Address ..................................17
Inquiries about the Appointment of Notaries Public........17
Statute and Regulation .........................................................17
Code of Conduct for Notaries Public.....................................18
SAMPLE – Affidavit ................................................................20
SAMPLE – Statutory Declaration ...........................................21
Definitions

Affidavit

A written statement formally confirmed by swearing an oath or

affirming before a competent authority, such as a Notary Public.
Affidavits are often used as evidence in court. Affidavits can only be
used when a statute or regulation authorizes the use of an affidavit.

Affirmation

A solemn statement that is not religious that has the same effect as an
oath. An affirmation can be used instead of an oath.

Attest

To affirm the truth of a statement or bear witness to something.

Deponent

A person who gives evidence in writing. The person who makes an

affidavit is the deponent.

Exhibit

Evidence in the form of records or other documents that are meant to

support a person’s affidavit. Exhibits are frequently found annexed, or
attached to, affidavits.

Jurat

Describes when, where, and before whom an affidavit was sworn or

affirmed. The jurat appears at the end of the document and must be
completed by the Notary Public.

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Oath

A solemn statement accompanied by swearing to a Supreme Being or

something sacred to the person taking the oath.

Statutory Declaration

A formal declaration made in a prescribed form that has legal force

similar to an oath or affirmation. Statutory declarations are used when
no law authorizes the use of an affidavit.

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The Role and Responsibilities of Notaries Public

Notaries Public perform important functions in our society. They are

expected to comply with the highest standards of behaviour as set out
in the Notaries and Commissioners Act and the Notaries Public
Regulation. The regulation includes a Code of Conduct that is
reproduced in this booklet.

What Notaries Public Can Do

Notaries public in the Province of Alberta:

• Administer oaths and take affidavits, affirmations or

declarations
• Attest oaths, affidavits, affirmations or declarations
• Certify and attest true copies of documents
• Witness or certify and attest the execution of documents

A person may be a Notary Public by virtue of office (ex officio), as set

out in the Notaries and Commissioners Act.

A Notary Public may also be appointed. A person may apply to be

appointed as a Notary Public if they:

• Are at least 18 years old,

• A Canadian citizen or permanent resident, and
• Reside in Alberta or in the part of the City of Lloydminster that
is located in Saskatchewan.

The work of Notaries Public must be authorized by the Notaries and

Commissioners Act. Section 7 of that Act provides that anyone who acts
as a Notary Public without authorization can be liable for a fine of up to
$5,000.

Lay Notaries Public are not authorized to do types of work usually done
by lawyers, such as conveyancing. The Legal Profession Act prohibits
anyone who is not a lawyer or member of the Law Society of Alberta

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from practising law or from representing themself as a lawyer. Anyone
who performs the work of a lawyer when they are not authorized to do
so contravenes these provisions and may be prosecuted.

Only judges and lawyers have the authority to:

• Witness or certify and attest deeds, contracts and commercial

instruments
• Issue a certificate under the Guarantees Acknowledgment Act

Affidavits and Statutory Declarations

Affidavits are written statements that are formally confirmed by oath

or affirmation. The deponent (person making the affidavit) must swear
the oath or affirm before a person with the power to administer
affidavits, such as a Notary Public. An affidavit must be authorized by
legislation (a statute or a regulation) which allows or requires the proof
of certain facts by way of an affidavit.

Statutory declarations are another type of statement of facts, similar

to affidavits. They are used when no statute or regulation authorizes
the use of an affidavit. Statutory declarations are made pursuant to the
Canada Evidence Act or the Alberta Evidence Act. A person making a
statutory declaration must solemnly declare that those statements are
true before a person with the power to administer statutory
declarations.

Affidavits and statutory declarations are used to establish legal rights. If

they are not properly made, problems can arise in establishing these
rights. For an affidavit or statutory declaration to be legally valid the
oath, affirmation or solemn declaration must be administered properly.
If you are unsure about the format of an affidavit or statutory
declaration, what it can be used for, or how to complete it, please
consult a lawyer.

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The importance of affidavits and statutory declarations is reflected in
the Criminal Code. A person who makes a false affidavit or statutory
declaration can face a maximum penalty of 14 years imprisonment.

A Notary Public May be Called to Give Evidence

A Notary Public may be called into court to establish that an oath,

affirmation or solemn declaration was administered properly. To be
prepared for this possibility, the Notary Public must follow proper
procedure every time.

Notaries should establish a consistent procedure from which they do

not deviate. This will assist you should you be called upon to testify, as
you can indicate what procedure you consistently use even if you
cannot recall that particular occasion.

Criminal Liability of a Notary Public

The Criminal Code places a high degree of responsibility on persons

who administer oaths, affirmations and declarations. Section 138 of the
Criminal Code provides that anyone who signs an affidavit or statutory
declaration representing that it was sworn or declared before them
when it in fact was not is guilty of an offence and is liable to
imprisonment for two years.

A Spouse’s Oath, Affirmation or Declaration

Notaries Public should not take their spouse’s oath, affirmation or

declaration. Sections of the Canada Evidence Act and the Alberta
Evidence Act protect spouses from giving evidence against one another.
If a Notary Public takes their spouse’s oath, affirmation or declaration,
this can lead to problems in the proof of affidavits in court. It can also
create problems in the prosecution of Criminal Code offences involving
perjury and the swearing of false affidavits.

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Documents that are Legally Ineffective or Obviously Irregular

Before notarizing any document, a Notary Public must carefully review

it to make sure that it is not legally ineffective or obviously irregular.
Notarizing these documents could lead a person to believe that they
have legal force when they in fact do not.

If you are a lay Notary Public and you have any concern that a
document might be legally ineffective and/or obviously irregular, you
should not notarize that document and the requesting party should be
referred to a lawyer.

The Minister of Justice and Solicitor General may take disciplinary

action against a Notary Public who notarizes legally ineffective or
obviously irregular documents, up to and including revocation of their
appointment.

Taking Affidavits or Statutory Declarations

How to Administer an Oath to a Person Making an Affidavit

An oath is a solemn statement accompanied by swearing to a Supreme

Being or something sacred to the person taking the oath. The oath
should be administered in the following way:

1. Ensure that the words in the introduction to the affidavit read

“make oath and say.”

2. Ask the person appearing before you whether he or she is the

individual named in the affidavit as the person making the
affidavit. If you know the person, it is not necessary to confirm
their identity.

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 3. Ask the person to sign the affidavit. If the affidavit has already
been signed, ask the person if the signature on the affidavit is
theirs.

4. Hand the person a Bible or any other religious text they

consider binding on their conscience. Alternatively, you may
ask the person if they would like to swear with uplifted hand.

5. Say to the person:

"Do you swear that the contents of this your affidavit are true
and this oath is binding on your conscience. So help you God."

6. The person responds by saying “I do" while holding the Bible

or the appropriate text in his or her uplifted hand or while
holding his or her hand uplifted.

7. You must then complete the jurat (see instructions below).

A person can be sworn in a different way that is sanctioned by their

own religion. What is important is that they consider the oath to be
binding on their conscience.

How to Administer an Affirmation to a Person Making an

Affidavit

An affirmation is a solemn statement that is not religious. A person may

give an affirmation instead of an oath.

The affirmation should be administered in the following way:

1. Before administering the affirmation, you must amend the

words "make oath and say" in the introduction to the affidavit
to read "solemnly affirm".

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 2. Ask the person appearing before you whether she or he is the
individual named in the affidavit as the person making the
affidavit. If you know the person, it is not necessary to confirm
their identity.

3. Ask the person to sign the affidavit. If the affidavit has already
been signed, ask the person if the signature on the affidavit is
theirs.

4. Ask the person:

“Do you promise that the contents of this your affidavit

contain the truth, the whole truth and nothing but the truth
and solemnly affirm that this promise is binding on your
conscience?”

5. The person responds by saying "I do".

6. You must then complete the jurat (see instructions below).

How to Administer a Solemn Declaration to a Person

Completing a Statutory Declaration

A solemn declaration is a promise to tell the truth that is used for

statutory declarations. The Canada Evidence Act and the Alberta
Evidence Act prescribe this form for statutory declarations:

I, __________, solemnly declare that (state the fact or facts declared

to), and I make this solemn declaration conscientiously believing it to
be the truth, the whole truth and nothing but the truth and knowing
that it is of the same force and effect as if made under oath or
affirmation.

Declared before me at ______ this ____ day of _____, 20___.

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The solemn declaration should be administered in the following way:

1. Ask the person appearing before you whether he or she is the

individual named in the statutory declaration as the person making the
statutory declaration. If you know the person, it is not necessary to
confirm their identity.

2. Ask the person to sign the statutory declaration. If the

statutory declaration has already been signed, ask the person if the
signature on the statutory declaration is theirs.

3. Ask the person:

“Do you make this solemn declaration conscientiously believing it to be

the truth, the whole truth and nothing but the truth and knowing that it
is of the same force and effect as if made under oath or affirmation?"

4. The person responds by saying "I do".

5. You must then complete the jurat (see instructions below).

Alterations

If there are changes on an affidavit or statutory declaration, including

the jurat, you must authenticate them. If changes are not authenticated
the affidavit or statutory declaration may not be accepted in court
proceedings.

To authenticate the changes, place a check mark at the beginning and

end of each of the changes and then write your initials beside each
change.

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Example:

A.B. √fifth√ √February√ A.B.

I did on the fourth day of January, 1976.

The Jurat

The jurat describes when, where, and before whom the document was
sworn, affirmed or declared. It appears at the end of the document and
must be completed by the Notary Public.

The jurat must include:

• The date of swearing, affirming or declaring, and

• The place where the document was sworn, affirmed or
declared

In the case of an oath, it should include the words: “Sworn before me”

In the case of an affirmation, it should include the words: “Affirmed

before me”

In the case of a declaration, it should include the words “Declared

before me”

The ordinary form of jurat for an affidavit is:

Sworn (or affirmed) before me at . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . Province of Alberta, this
. . . . . . . . . . . . . . . . . day of . . . . . . . 20 . . . . . . . .
.........................................
A Notary Public in and for Alberta

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Seal, Name and Appointment Expiry Date or Office

Before exercising the powers of a Notary Public you must obtain a seal.
Your name, the words “Notary Public” and “Province of Alberta” must
appear on this seal. Your seal must be placed on each document that
you attest to in your capacity as a Notary Public. The design and nature
of a notarial seal is not mandated by statute. The Notary Public can
choose a metal or rubber seal as best suits their requirements. Notarial
seals can be purchased at most stationary or business supply stores.

On each document you attest to by your seal and signature, you must
also legibly print or stamp in legible printing:

• Your name,
• If you are appointed, the date your appointment expires, and
• If you are a Notary Public by virtue of office, your office

If you do not place your seal, name, appointment expiry date or office
on a document you attest to you can be found guilty of an offence and
liable to a fine of up to $1,000.

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Exhibits

Often an affidavit or statutory declaration will refer to other documents

that are attached or annexed as exhibits. An exhibit might be evidence
in the form of records or other documents that are meant to support
the person’s affidavit or declaration.

Exhibits must be identified by you. Each exhibit should be marked in

this way:

This is Exhibit . . . . . . . . . . . . . . . referred to in

the affidavit (or statutory declaration) of (name of
person) sworn (or affirmed or declared) before me
this . . . . . . day of . . . . . . . . . ., 20 . . . . . . . . . . . . . .
...........................................
A Notary Public in and for Alberta

When a Person is Visually Impaired or Unable to Read

If the person making the affidavit or statutory declaration is unable to

read you must read the document, or cause it to be read, to the person
and then ask the person if they understood it. You may only administer
the oath, affirmation or solemn declaration if you are satisfied that the
person has in fact understood what was read.

In those cases, the ordinary form of jurat must be amended. Insert the
following before your signature:

As (name of person) is visually impaired (or unable to read), this

affidavit (or statutory declaration) was read to her (or him) in my
presence, she (or he) seemed perfectly to understand it, and she (or he)
made her (or his) signature (or mark) in my presence.

When a Person Does not speak English

If the person making the affidavit or statutory declaration does not

understand the English language, a person competent to interpret the

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contents of the affidavit or statutory declaration must first be sworn or
affirmed. Use the following or similar forms:

“Do you swear that you well understand (the language of the person),
that you will well and truly interpret the contents of this affidavit (or
statutory declaration) to (name of person) and that you will well and
truly interpret to him (or her) the oath (or affirmation or solemn
declaration) about to be administered to him (or her). So help you
God.”

After the interpreter has interpreted the contents of the document,

you must administer the oath, affirmation or solemn declaration to the
person through the interpreter. The person should respond by saying "I
do" through the interpreter.

The ordinary form of jurat must be amended by inserting the following

before your signature:

As (name of person) does not understand the language of the affidavit

(or statutory declaration), this affidavit (or statutory declaration) was,
in my belief, interpreted to him (or her) by (name of interpreter) who
first swore (or affirmed) that he (or she) well understands (the language
of the person) and that he (or she) would well and truly interpret the
oath (or affirmation or solemn declaration) about to be administered.

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When a Person is Hearing Impaired

If the person making the affidavit or statutory declaration has a hearing

impairment but that person is capable of reading, read the declaration
or affidavit, and appeared to perfectly understand it, and signed his or
her name, then an interpreter is not required. Here is a sample of the
jurat that can be used:

Sworn (or affirmed/declared) before me )

at the _______ of__________in the )
Province of Alberta,this_______ )
day of ______________A.D., 20_____ )
by the above named_________,who )
being hearing and speech impaired )
but capable of reading, read over ) __________________
the above the written instrument, ) (Signature of the Deponent)
when he (she) appeared perfectly to )
understand it, and signed his (her) )
name in my presence. )
___________________________________
A Notary Public in and for Alberta

If the person is hearing and speech impaired and incapable of reading, a

person competent to interpret the document in the sign language
known to the person must first be sworn or affirm. Use the following or
similar forms:

“You swear that you well understand (the sign language known to the
person) and that you will well and truly interpret the contents of this
affidavit (or statutory declaration) to (name of person) and that you will
well and truly interpret to her (or him) the oath (or affirmation/solemn
declaration) about to be administered to her (or him). So help you
God.”

After the interpreter has interpreted the contents of the documents,

you must administer the oath, affirmation or solemn declaration to the
person through the interpreter. The person should respond by saying "I

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do" through the interpreter. In those cases the ordinary form of jurat
must be amended by inserting the following before your signature:

As (name of person) being hearing and speech impaired and incapable

of reading, this affidavit (or statutory declaration) was in my belief,
interpreted to her (or him) by (name of interpreter) who first swore (or
affirmed) that he (or she) well understands (the sign language known to
the person) and that he (or she) would well and truly interpret the
contents of this affidavit (or statutory declaration) and that he (or she)
would well and truly interpret the oath (or affirmation/solemn
declaration) about to be administered.

Notary Public Title

Printed forms that contain a jurat often show the words "Commissioner
for Oaths" only, or both "Commissioner for Oaths/Notary Public", as
the person who administers the oath.

When a Notary Public completes a jurat, they must substitute for the
words "A Commissioner for Oaths" the words "A Notary Public", or
strike out "Commissioner for Oaths" where both terms are used. The
change must be authenticated in the manner set out in the
“Alterations” section above.

Documents for Use Outside Alberta

When an affidavit or statutory declaration is intended to be used

outside Alberta, the law in that jurisdiction must be followed. Other
jurisdictions may require different formalities. Very often other
jurisdictions require that the documents be completed by a Notary
Public rather than a Commissioner for Oaths.

Authentication/Legalization

Documents executed and attested before a Notary Public in Alberta are

not usually acceptable in other countries, including the United States,
unless accompanied by a Certificate of Authentication. This certificate is

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signed by an official of the Deputy Provincial Secretary's Office, who
authenticates the appointment, signature and seal of the Notary Public.

Please refer to the Alberta Justice and Solicitor General Website for
more information about the authentication process:

http://justice.alberta.ca/programs_services/official/Pages/authentication.aspx

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Additional Information for Appointed Notaries Public

Re-appointment of a Notary Public

A notice will be sent to Notaries Public a few months before their

appointment expires. An application form and review criteria will be
included so the Notary Public can apply for re-appointment should they
wish to do so.

Every Notary Public must ensure that they do not act after the expiry
date of their appointment.

Change of Employment or Address

If a Notary Public changes their employment or address during their

appointment this must be reported to the Department of Justice at the
following address:

Official Documents & Appointments

Rm. 111, 9833 - 109 Street
Edmonton, Alberta T5K 2E8

Inquiries about the Appointment of Notaries Public

Inquiries about the appointment of Notaries Public may be made to

Official Documents & Appointments, at the address shown above or by
telephoning (780) 427-5069.

Statute and Regulation

The work of Notaries Public in Alberta is governed by the Notaries and

Commissioners Act and the Notaries Public Regulation. Both can be
accessed on the Alberta Justice and Solicitor General website:

http://justice.alberta.ca/programs_services/official/Pages/notary_public.aspx

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The regulation includes a Code of Conduct for Notaries Public, which is
included below.

Code of Conduct for Notaries Public

1 A notary public must
(a) discharge all of the notary public’s responsibilities with
honesty, dignity and integrity;

(b) treat all persons fairly, courteously and with respect;

(c) provide services in a professional, ethical and responsible

manner;

(d) comply with the terms and conditions of the notary public’s
appointment;

(e) comply with

(i) the Notaries and Commissioners Act,

(ii) the applicable regulations under the Notaries and

Commissioners Act,

(iii) any other law or directives that govern the conduct

of notaries public in the discharge of their
responsibilities, and

(iv) any direction issued to the notary public under

section 10 of the Act;

(f) act in a manner that maintains and upholds the honour and
reputation of the office of notary public;

(g) maintain up-to-date knowledge on the law and directives

governing the duties and conduct of notaries public;

(h) hold in strict confidence all information of a confidential

nature that comes to the notary public’s knowledge, except
as is required to perform the services of the notary public or
as otherwise required by law.

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2 A notary public must not

(a) mislead or attempt to mislead anyone in the discharge of

the notary public’s responsibilities;

(b) notarize or participate in the preparation or delivery of

any document that is false, incomplete, misleading,
deceptive or fraudulent;

(c) notarize or participate in the preparation or delivery of

any document that

(i) has the appearance of being validly issued by a

court or other legitimate authority but is not,

(ii) is intended to or has the effect of deceiving any

person, or

(iii) is otherwise lacking valid legal effect.

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SAMPLE – Affidavit
CANADA

PROVINCE OF ALBERTA

TO WIT

AFFIDAVIT

I, of the City of in

the Province of Alberta, MAKE OATH AND SAY:

1. THAT

SWORN (or Affirmed) before me

At

this day of

20
(Signature of the Deponent)

___________________________
A Commissioner for Oaths/Notary
Public in and for
Alberta

(PRINT OR STAMP NAME HERE)

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SAMPLE – Statutory Declaration

STATUTORY DECLARATION

CANADA

PROVINCE OF ALBERTA In the Matter of

TO WIT:

I, of in the Province of Alberta, do

solemnly declare as follows:

And I make this solemn declaration conscientiously believing it to be true and

knowing that it is

of the same force and effect as it made under oath.

DECLARED before me

At

this day of

20
(Signature of the Deponent)

___________________________
A Commissioner for Oaths/Notary
Public in and for
Alberta

(PRINT OR STAMP NAME HERE)

MY APPOINTMENT EXPIRES

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