What is document notarization?

Document notarization is the formal process by which a notary public verifies the identity of a signer, witnesses the signing of a document, and applies an official seal certifying the document’s authenticity. Notarization is a legal requirement for many types of documents in Alberta, including affidavits, statutory declarations, powers of attorney, certified true copies, and documents intended for use outside Canada. A notarized document carries evidentiary weight that an unsigned or unwitnessed document does not, and notarization is often a prerequisite for filing documents with courts, government agencies, financial institutions, and foreign authorities.

When you should consider document notarization

The document is required by law to be notarized. Many legal documents in Alberta must be notarized to be valid or admissible. Affidavits filed with the courts, statutory declarations, and certain real property documents all require the signature of a notary public or commissioner for oaths.

The document will be used outside Alberta or Canada. Documents intended for use in another province, country, or international institution typically must be notarized by a notary public — not merely a commissioner for oaths — and may also require an apostille or further authentication. This is common for international business transactions, immigration matters, and cross-border family arrangements.

A third party requires notarization. Banks, government agencies, foreign consulates, courts, and educational institutions frequently require notarized documents as a condition of accepting them. Notarization provides these third parties with confidence that the document was properly executed by the person it claims to be from.

Preventing fraud and future disputes. Notarization creates a record that the signer appeared in person, was identified, and signed the document voluntarily. This makes it significantly more difficult for a party to later claim that a signature was forged, that they were coerced, or that they did not understand what they were signing.

Relevant laws and 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.

Common legal issues

Signing the document before appearing before the notary. A common mistake is to sign a document in advance and then bring it to the notary for notarization. With limited exceptions, a notary public must witness the signature in person (or, where permitted, by approved video conference). A document signed in advance and presented for notarization may be refused or may be invalid.

Confusing a commissioner for oaths with a notary public. Commissioners for oaths in Alberta have limited powers and generally cannot notarize documents intended for use outside Alberta. A document notarized by a commissioner for oaths when a notary public was required may be rejected by the receiving party. Lawyers in Alberta are notaries by default and can notarize documents for use anywhere.

Failing to properly identify the signer. A notary public is required to verify the identity of the signer, typically through government-issued photo identification. Notarizing a document without proper identification exposes the notary to disciplinary consequences and may render the notarization invalid if the signer’s identity is later challenged.

Not obtaining an apostille for international use. Since 2024, Canada has been a member of the Hague Apostille Convention. Notarized documents intended for use in another member country generally require an apostille issued by Alberta’s competent authority. Sending a notarized document abroad without an apostille often results in the document being rejected.

Notarizing documents in a language the notary does not understand. A notary public should not notarize a document if they cannot read it or confirm what is being signed. Notarizing a document in a foreign language without a certified translation can lead to disputes about whether the signer understood the contents.

Frequently asked questions

Who can notarize a document in Alberta? Notaries public in Alberta include all members of the Law Society of Alberta, judges, certain elected officials, and individuals appointed as notaries public under the Notaries and Commissioners Act. Commissioners for oaths have more limited powers and can generally only administer oaths and witness affidavits within Alberta.

Do I need to attend in person to get a document notarized? In many cases, yes — but not always. Alberta permits remote notarization by video conference for certain documents, including most affidavits and statutory declarations. However, some documents still require in-person attendance with wet-ink signatures, including wills, certain land titles documents, and documents where the receiving authority specifically requires physical presence. Whether remote notarization is available depends on the type of document and the requirements of the party who will receive it.

What identification do I need to bring to a notary? A notary public will typically require valid government-issued photo identification, such as a driver’s licence or passport. Some notarizations may require additional supporting documentation depending on the nature of the document being notarized.

Do I need an apostille on my notarized document? If your notarized document is intended for use in another country that is a member of the Hague Apostille Convention, you will generally need an apostille in addition to the notarization. In Alberta, apostilles are issued by the provincial competent authority for documents notarized within the province.