Notary public and commissioning services are a practical and legally necessary part of completing transactions, filing documents, and meeting the requirements of courts, financial institutions, government agencies, and foreign authorities. At DOBRMAN, we provide notary public and commissioner for oaths services to individuals and businesses in Calgary, Alberta — helping clients get their documents properly authenticated quickly, accurately, and in a form that will be accepted wherever it needs to go.
Affidavits and statutory declarations. An affidavit is a written statement of facts sworn or affirmed before a notary public or commissioner for oaths by a person who attests that the contents are true. Affidavits are used in court proceedings, estate matters, land title applications, insurance claims, and a wide range of other legal contexts. A statutory declaration is a similar document — a written statement declared to be true — used for non-court purposes such as confirming a name change, establishing common-law status, or satisfying a government or institutional requirement. Both affidavits and statutory declarations must be properly commissioned or notarized to be legally valid.
Personal guarantees. Alberta law imposes a specific requirement that applies to personal guarantees — written agreements by which an individual agrees to answer for the debt or obligation of another person or entity. A personal guarantee by an individual has no legal effect unless the person signing the guarantee appears before a lawyer, acknowledges that they executed the guarantee, and is examined by the lawyer to confirm they understand the nature and contents of the guarantee.
Certified true copies and document authentication. A notary public in Alberta has the authority to certify a document as a true copy of an original — confirming that the copy is accurate and complete by comparing it against the original and applying their notarial seal and signature. Certified true copies are commonly required by banks, government agencies, licensing bodies, immigration authorities, and educational institutions that require verification of identity documents, credentials, and other records without retaining the original.
Notarization for immigration and travel purposes. Individuals navigating Canadian immigration processes, applying for foreign visas, or facilitating international travel for minors frequently require notarized documents — including statutory declarations of identity, notarized copies of passports and immigration documents, consent letters authorizing a child to travel abroad with one parent or a third party, and supporting declarations for immigration applications. Errors in the form or authentication of these documents can cause significant delays in immigration proceedings or at international borders.
Notarization of business and commercial documents. Businesses in Alberta regularly require notarization services in the ordinary course of their operations — including the notarization of corporate resolutions, director and officer certificates, commercial agreements, loan documents, and regulatory filings. Ensuring that business documents are notarized correctly — with the right form of notarial certificate and seal — is an important step in commercial transactions where delay or rejection can have real financial consequences.
Notarization of real property documents. Real property transactions in Alberta involve a number of documents that must be properly sworn before a notary public or commissioner for oaths — including affidavits of execution confirming that a transfer of land or mortgage was properly signed, statutory declarations relating to the identity of parties or the nature of a property interest, and affidavits supporting applications to the Alberta Land Titles Office. The Alberta Land Titles Office often reject documents that are not properly executed — including affidavits commissioned in another province, documents sworn before a disqualified person, and documents that do not comply with the formal requirements of the Land Titles Act and supporting regulations.
Notaries and Commissioners Act, SA 2013, c N-5.5 — Alberta’s primary legislation governing the appointment, authority, and conduct of notaries public and commissioners for oaths in the province, including the scope of their powers, applicable codes of conduct, and the consequences of contravening the Act.
Guarantees Acknowledgment Act, RSA 2000, c G-11 — Alberta legislation governing the formal requirements for personal guarantees, including the requirement that guarantees by individuals be acknowledged before a lawyer who examines the guarantor and certifies that the guarantor understands the nature and contents of the guarantee.
Alberta Evidence Act, RSA 2000, c A-18 — Governs the admissibility of evidence in Alberta proceedings, including the rules applicable to oaths, affidavits, affirmations, and declarations sworn or affirmed before notaries public and commissioners for oaths in Alberta and outside the province.
Land Titles Act, RSA 2000, c L-4 — Governs the registration of land titles in Alberta, including the execution and notarization requirements for affidavits of execution, transfers of land, and other land title documents that must be properly sworn before a notary public or commissioner for oaths.
Documents rejected due to improper commissioning or notarization. One of the most common and easily avoided problems in notarization practice is the rejection of a document by a court, government agency, financial institution, or foreign authority because it was not properly executed. Common issues include using a commissioner for oaths for a document that required a notary public, failing to appear in person before the notary or commissioner, having a document commissioned for use in Alberta when the receiving jurisdiction requires notarization, or presenting a notarized document internationally without obtaining the required apostille. Ensuring the right type of authentication is obtained — and that it is completed correctly the first time — avoids costly delays and document resubmission.
Personal guarantees executed without proper acknowledgment. Personal guarantees that are signed without the acknowledgment procedure required by Alberta’s Guarantees Acknowledgment Act are legally unenforceable — regardless of the guarantor’s intention or the commercial circumstances. Financial institutions, landlords, and commercial lenders that hold personal guarantees not executed in compliance with the law may find their security is worthless when they attempt to enforce it. Similarly, individuals who sign personal guarantee documents without the benefit of the lawyer examination required by the law may not fully understand the scope of the obligation they are assuming.
Affidavits sworn before an interested or disqualified person. An affidavit or declaration that is commissioned by a person who has a personal interest in the matter — or who is related to the deponent — is invalid under Alberta law and will be rejected by courts and other receiving authorities. Notaries public and commissioners for oaths are prohibited from taking affidavits in which they have a personal interest or a relationship with the declarant that creates a conflict. Ensuring that the person commissioning or notarizing a document has no disqualifying connection to the matter is an important and frequently overlooked aspect of proper document execution.
International documents requiring apostille authentication. Individuals and businesses in Alberta that need to use notarized documents in foreign countries often encounter an additional authentication requirement — the apostille — which confirms the authority of the notary public whose signature and seal appear on the document. Since January 2024, Alberta has issued apostilles directly through the Government of Alberta, replacing the former federal authentication process. Failing to obtain the required apostille — or misunderstanding which documents require it for acceptance in a particular foreign jurisdiction — is a common source of delay in immigration, international business, and cross-border personal matters.
What does a notary public do in Alberta? A notary public in Alberta is authorized to administer oaths, take and witness affidavits, affirmations, and declarations, certify true copies of documents, witness and attest commercial instruments and agreements, and authenticate documents for use in Alberta, other Canadian provinces, and internationally. All practicing lawyers in Alberta are notaries public — meaning that notary services obtained through a law firm carry the additional benefit of access to legal advice about the documents being executed. At DOBRMAN, we provide notary public and commissioner for oaths services to individuals and businesses who can appear in person in Calgary, Alberta.
What is the difference between a notary public and a commissioner for oaths? A commissioner for oaths is authorized to administer oaths and take affidavits and declarations for use within Alberta only. A notary public has broader authority — including the power to certify true copies of documents, witness and attest commercial instruments, and authenticate documents for use outside Alberta, in other Canadian provinces, and internationally. Understanding which type of authentication your document requires — and where it will be used — is the first step in getting your document properly executed.
What is the difference between an affidavit and a statutory declaration? An affidavit is a written sworn statement used primarily in legal or court proceedings — such as affidavits of execution, affidavits of service, or affidavits filed in support of court applications. A statutory declaration is a written solemn declaration used for non-court purposes — such as declaring a name change, confirming common-law status, or satisfying an institutional or regulatory requirement. Both must be sworn or declared before a notary public or commissioner for oaths to be valid, but they serve different purposes and are governed by different formal requirements.
Do I need a lawyer specifically to sign a personal guarantee in Alberta? Yes. Under Alberta’s Guarantees Acknowledgment Act, a personal guarantee by an individual — as opposed to a corporation — has no legal effect unless the guarantor appears before a lawyer, acknowledges execution of the guarantee, and is examined by the lawyer to confirm they understand the guarantee. This requirement applies to personal guarantees only and cannot be satisfied by appearing before a notary public who is not also a practicing lawyer, or by having the guarantee witnessed by any other person. The lawyer must issue a certificate in the prescribed form as part of the acknowledgment process.
Do I need a notary public or a commissioner for oaths for my document? The answer depends on where the document will be used and what it requires. If your document will be used within Alberta only — such as an affidavit for an Alberta court proceeding or a declaration for an Alberta government agency — a commissioner for oaths is generally sufficient. If your document will be used outside Alberta, in another Canadian province, or internationally — or if it requires certification of a true copy — a notary public is required. When in doubt, obtaining notarization from a notary public provides broader coverage and avoids the risk of rejection by the receiving authority.
This information is for education and entertainment purposes only. It is not intended to be legal, business, or other professional advice to be relied on. Do not make or refrain from any decisions on the basis of this information. Please contact us to receive advice from a qualified lawyer. View our Terms of Service for more information.