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INFORMATION

AND

INSTRUCTIONS

Pertaining to Appointments of Notaries Public

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OCTOBER, 2011

TABLE OF CONTENTS

PAGE INSTRUCTIONS: - General .......................................................................................................... 3 - How to Administer an Oath to a Person Making An Affidavit .................................................................................................. 5 - When and How to Administer an Affirmation to a Person Making an Affidavit....................................................................... 6 - How to Administer a Solemn Declaration to a Person Making a Statutory Declaration ................................................... 7 - Your Duties in Completing the Affidavit or Statutory Declaration .................................................................................. 7 - Alterations............................................................................................... 7 - Jurat - Ordinary Form....................................................................... 8 - Notary's Name ........................................................................................ 8 - Exhibits .................................................................................................... 8 - Where a Person is Blind or Illiterate ................................................... 8 - Where a Person Does Not Understand the English Language................................................................................... 9 - Hearing and Speech Impaired.............................................................10 - Ex Officio Notaries Public ......................................................................... 11 - Documents to be Used Outside the Province of Alberta ........................12 NOTARY PUBLIC TITLE AND SEAL .............................................................12 LAY NOTARIES PUBLIC .................................................................................. 12 - Restrictions ................................................................................................. 12 - Conveyancing ............................................................................................. 12 AFFIDAVIT - SAMPLE................................................................................... 14 STATUTORY DECLARATION - SAMPLE.................................................. 15 RE-APPOINTMENT............................................................................................ 16 CHANGE OF EMPLOYMENT AND ADDRESS............................................ 16 AUTHENTICATION OF NOTARY PUBLIC APPOINTMENT, SIGNATURE AND SEAL ....................................................................................17 NOTARIES PUBLIC ACT .................................................................................. 18 AFFIDAVIT OF CITIZENSHIP - REGULATION...................................... 22

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INSTRUCTIONS TO PERSONS AUTHORIZED TO ADMINISTER OATHS, AFFIRMATIONS AND SOLEMN DECLARATIONS WITHIN THE PROVINCE OF ALBERTA

A. GENERAL Affidavits are documents containing statements that are verified by the oath or affirmation of the person making those statements. An affidavit must be authorized by legislation (a statute or a regulation) which permits or requires the proof of certain facts by way of an affidavit. Statutory declarations are documents containing statements that are verified by the solemn declaration of the person making those statements. A statutory declaration is made pursuant to the Canada Evidence Act or the Alberta Evidence Act and is used in situations where there is no legislative authority for an affidavit. Both acts prescribe the following form for a statutory declarations. If you are unclear as to the uses, format, and/or completion of an affidavit or statutory declaration, please consult legal counsel:

"I, A.B. solemnly declare that (state the fact or facts declared to), and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

Declared before me . . . . . . . . . . . . . . . . . . . . . at . . . . . . . . . . . . . this . . . . day of . . . . . . . 20 . . . . . .” Affidavits and statutory declarations are used for the purpose of establishing legal rights and, if they are not properly made, the legal rights sought to be established may be impaired or negated. The importance of affidavits and statutory declarations is reflected in the Criminal Code which provides a maximum penalty of 14 years imprisonment for any person making a false affidavit or statutory declaration.

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In order for an affidavit or statutory declaration to be legally valid, it is essential that the oath, affirmation or solemn declaration be administered properly. A person administering an oath or affirmation may be called into court to establish that an oath, affirmation or solemn declaration was administered properly. It is therefore imperative that the proper procedure be followed on all occasions. The legal validity of an affidavit or statutory declaration will then not be jeopardized, nor will the person who administered the oath or affirmation be embarrassed by failure to recall the procedure used on a particular occasion. As earlier mentioned, the Criminal Code places a high degree of responsibility on that person under section 138 which provides, in part: "Every one who -

(a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration, . . .

is guilty of an indictable offence and is liable to imprisonment for two years."

It is considered poor practice for a Notary Public to take their spouses oath, affirmation or declaration. The reasoning for this is that sections of the Canada Evidence Act and the Alberta Evidence Act protect spouses from giving evidence against one another and this results in possible problems respecting the proof of affidavits in court and prosecution relating to Criminal Code offences involving perjury and the swearing of false affidavits.

Before notarizing any document, a Notary Public must carefully review the document to ensure that it is not a legally ineffective or obviously irregular document that should not be notarized. Notarization of such a document is strictly prohibited, as it may lead parties to believe incorrectly that it is legitimate and has some effect in law. Notarizing legally ineffective or obviously irregular documents may also lead to the Minister of Justice and Attorney General revoking the Notary Public’s appointment. If any lay Notary Public in Alberta has any concern that a document might be legally ineffective and/or obviously irregular, the document should not be notarized, and the requesting party should be referred to a member of the Law Society of Alberta.

B. HOW TO ADMINISTER AN OATH TO A PERSON MAKING AN AFFIDAVIT

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When a person of the Christian or Jewish faith appears before you to make an affidavit, usually an oath is given. The oath should be administered in the following manner: 1. Ask the person appearing before you whether 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 his identity. 2. Ask the person to sign the affidavit. If the affidavit has already been signed, ask the person if the signature on the affidavit is his. 3. Hand the person a Bible or New Testament, or, if the person is of the Jewish faith, an Old Testament. Alternatively, you may ask the person if he desires to swear with uplifted hand, in which case the use of the Bible or Testament may be omitted. 4. Address the person as follows:

"You swear that the contents of this your affidavit are true. So help you God." 5. The person responds by saying "I do" while holding the Bible or the appropriate Testament in his uplifted hand or while holding his hand uplifted. 6. You must then complete the jurat (see sections E-2 and E-3). Section 15 of the Alberta Evidence Act provides that a person is bound by an oath if it has been administered in such form and with such ceremonies as he may declare to be binding. This allows persons who are not of the Christian or Jewish faiths to be sworn in a manner sanctioned by their religion.

C. WHEN AND HOW TO ADMINISTER AN AFFIRMATION TO A PERSON MAKING AN AFFIDAVIT

When a person appears before you to make an affidavit but objects to giving an oath (being sworn) (a) from conscientious scruples, or (b) on the ground of his religious belief, or (c) on the ground that the taking of an oath would have no binding effect on

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his conscience, the person may give an affirmation, instead of an oath, and the affirmation has the same force and effect as if the person had taken an oath. The affirmation should be administered in the following manner: 1. Before administering the affirmation, you must amend the words "make oath and say" in the introduction to the affidavit to read "solemnly affirm and declare". 2. Ask the person appearing before you whether 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 his 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 his. 4. Address the person as follows: "Do you solemnly affirm and declare that the contents of this your affidavit are true?" 5. The person responds by saying "I do". 6. You must then certify that the person satisfied you that he was entitled to affirm, which may be done by inserting the following before your signature on the jurat: "I certify that (name of person) satisfied me that he was a person entitled to affirm." In so satisfying yourself, you need not enquire beyond the person's verbal statement that he objects to being sworn on one of the grounds listed above. 7. You must then complete the jurat (see sections E-2 and E-3).

D. HOW TO ADMINISTER A SOLEMN DECLARATION TO A PERSON MAKING A STATUTORY DECLARATION

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When a person appears before you to make a statutory declaration, the solemn declaration should be administered in the following manner: 1. Ask the person appearing before you whether he 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 his 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 his. 3. Address the person as follows: "Do you make this solemn declaration conscientiously believing it to be

true and knowing that it is of the same force and effect as if made under oath?"

4. The person responds by saying "I do". 5. You must then complete the jurat (see section E-2 and E-3).

E. YOUR DUTIES IN COMPLETING THE AFFIDAVIT OR STATUTORY DECLARATION

1. Alterations: If there are any interlineations, alterations or erasures on an affidavit or statutory declaration (including the jurat), you should place a check mark at the beginning and end of each of the changes and then write your initials beside each change. UNLESS CHANGES ARE AUTHENTICATED BY YOUR INITIALS, THE AFFIDAVIT OR STATUTORY DECLARATION MAY NOT BE ACCEPTED IN COURT PROCEEDINGS. The following is an example of this procedure: A.B. fifth February A.B. I did on the fourth day of January, 1976. 2. Jurat - Ordinary Form: The jurat is the part of the document which must be completed by you. The ordinary form of jurat for an affidavit is:

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Sworn (or Affirmed) before me at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Province of Alberta, this . . . . . . . . . . . . . . . . . day of . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Notary Public in and for the Province of Alberta 3. Notary's Name and Appointment Expiry Date As a Notary Public, you must legibly print or stamp in legible printing your name next to your signature on each affidavit, declaration, affirmation or other document that you sign in your capacity as a Notary and if you are appointed under section 2 of the Act, the date on which your appointment terminates. Failure to comply with this requirement makes you guilty of an offence and liable to a fine of up to $100. 4. Exhibits: If the affidavit or statutory declaration refers to other documents that are annexed as exhibits, each exhibit should be marked as follows:

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 the Province of Alberta

5. Jurat - Where person is blind or illiterate: If the person making the affidavit or statutory declaration is blind or illiterate, you must read the document, or cause it to be read, to the person and then ask the person if he understood what was read to him. You may only administer the oath, affirmation or solemn declaration if you are satisfied that the person has in fact understood what was read to him. In those cases, the ordinary form of jurat must be amended by inserting the following before your signature: "As (name of person) is blind (or illiterate), (a) this affidavit (or statutory declaration) was read to

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him in my presence, (b) he seemed perfectly to understand it, and (c) he made his signature (or mark) in my presence." 6. Jurat - Person who does not understand the English language: If the person making the affidavit or statutory declaration does not understand the English language, a person competent to interpret the contents of the affidavit or statutory declaration must first be sworn using the following oath, or if the interpreter objects to being sworn, an affirmation in similar form may be administered: "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 the oath (or affirmation or solemn declaration) about to be administered to him. 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 and the person should respond by saying "I 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) does not understand the English language, this

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

7. Hearing Impaired If the person making the affidavit or statutory declaration has a hearing impairment, but that person is capable of reading and read the declaration or affidavit or the like and appeared to perfectly understand it and signed his or her name, then this would be acceptable. Below is a sample of the jurat that can be used when the person making the affidavit or statutory declaration is capable of reading and a sample where the hearing and speech impaired person is not capable of reading: Hearing and Speech Impaired Person Capable of Reading

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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 Hearing when he appeared perfectly to ) and Speech Impaired understand it, and signed his name ) Person) in my presence. ) _______________________________________ A Commissioner for Oaths/Notary Public For the Province of Alberta

Hearing and Speech Impaired Person Incapable of Reading If the hearing and speech impaired person is incapable of reading, a person competent to interpret the document in American Sign Language (ASL) (or a comparable sign language known to the hearing and speech impaired person) must first be sworn using the following oath, or if the interpreter objects to being sworn, an affirmation in similar firm may be administered: "You swear that you well understand American Sign Language (ASL)

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 him the oath (or affirmation or solemn declaration about to be administered to 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 hearing and speech impaired person through the interpreter and the person should respond by saying "I 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 him by (name of interpreter) who first swore (or affirmed) that he well understands American Sign Language (ASL) (or name of comparable language) and that he would well and truly interpret the contents of this affidavit (or statutory declaration) and that he would well and truly interpret the oath (or affirmation or solemn declaration) about to be administered,"

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F. PERSONS WHO ARE NOTARIES PUBLIC EX OFFICIO

By virtue of the Notaries Public Act, the following persons are notaries public without having to be so appointed by the Minister of Justice and Attorney General: (a) a member of The Law Society of Alberta; (b) a person who is registered as a student-at-law under the Legal

Profession Act is ex officio notary public for Alberta. A member of The Law Society of Alberta and a person registered as a student-at-law under the Legal Profession Act are not entitled to exercise the powers of a notary public under this section while membership or registration is suspended;

(c) a provincial judge, master in chambers, judge of the Court of

Queen's Bench and judge of the Court of Appeal; (d) a member from Alberta of the House of Commons of Canada; (e) a member of the Legislative Assembly of Alberta; (f) a member of the Senate of Canada who at the time of his appointment

as a senator is a resident of Alberta. As these appointments are ex officio, there is no need to indicate the date of termination of appointment on documents executed by these notaries public.

G. DOCUMENTS TO BE USED OUTSIDE OF THE PROVINCE OF ALBERTA

When an affidavit or statutory declaration is intended to be used in another jurisdiction, the law of that jurisdiction must be determined to ensure the use of formalities that are necessary in that jurisdiction to have the document accepted for use within that jurisdiction. Very often other jurisdictions require that the documents be completed by a notary public rather than a commissioner.

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H. NOTARY PUBLIC TITLE AND SEAL Frequently printed forms that contain a jurat 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, he 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 section E-1. Where an affidavit or statutory declaration is made before a notary public within the Province of Alberta for use within the province, it is not essential for the notary to affix his seal to the document.

I. LAY NOTARIES PUBLIC LIMITED APPOINTMENTS

Under the provisions of the Notaries Public Act, the Minister of Justice and the Attorney General may appoint Notaries Public for the Province of Alberta. The Minister of Justice and the Attorney General may limit the authority of the Notary Public appointed by him so that the Notary may only: (a) administer oaths and take affidavits, affirmations and declarations

attested by his signature and seal, (b) attest all commercial instruments that are brought before him for

public protestation, and (c) issue certificates under the Guarantees Acknowledgement Act. (d) certify copies of documents as being true copies. A limited appointment does not authorize a notary to do conveyancing and the other types of work usually done by lawyers. In that context you must be aware of and comply with section 107(1) and (2) of the Legal Profession Act which reads as follows: "107(1) No person shall, unless he is an active member of the Society hold

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himself out as or represent himself to be an active member of the Society, or a person lawfully entitled to practice law or carry on the practice or profession of a barrister and solicitor.

(2) No person shall, unless he is a member of the Society, hold himself out as or

represent himself to be a member of the Society, or a barrister and solicitor." Anyone who contravenes these provisions may be prosecuted.

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(SAMPLE) C A N A D A ) ) ) 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 . ) ) ) ) A Commissioner for Oaths/Notary Public in and for the Province of Alberta (PRINT OR STAMP NAME HERE) MY APPOINTMENT EXPIRES (Must be legibly printed or stamped in legible

printing if appointed under section 2 of the act)

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(SAMPLE) STATUTORY DECLARATION CANADA PROVINCE O ALBERTA In the Matter of F

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 the ) ) of ) ) in the Province of Alberta, this ) ) day of A.D., 20 ) ) ) A Commissioner for Oaths/Notary Public (PRINT OR STAMP NAME HERE) MY APPOINTMENT EXPIRES (Must be legibly printed or stamped in legible

printing if appointed under section 2 of the act)

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RE-APPOINTMENT A notice will be sent to Notaries Public appointed under Section 2 of the Act, a few months prior to their appointment expiry, reminding them of the expiry of their appointment and enclosing an application form and review criteria, should they wish to apply for re-appointment. Every Notary Public must ensure that he does not act after the expiry date of his appointment.

REPORTING CHANGES CHANGE OF EMPLOYMENT OR CHANGE OF ADDRESS DURING THE PERIOD FOR WHICH THE NOTARY PUBLIC APPOINTMENT IS HELD 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 with reference to all matters concerning the appointment of Notaries Public may be made to Official Documents & Appointments, at the address shown above or by telephoning (780) 427-5069.

DOCUMENTS FOR OTHER JURISDICTIONS AUTHENTICATION OF NOTARY PUBLIC APPOINTMENT, SIGNATURE AND SEAL

Documents executed in Alberta and attested before a Notary Public for Alberta, are not usually acceptable in other countries, including the United States, unless accompanied by a certificate signed by a designated official of the Deputy Provincial Secretary's Office, authenticating the appointment, signature and seal of

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the Notary Public. The signatures of the designated officials of the Deputy Provincial Secretary's Office and the seal of the Office of the Provincial Secretary are included in the Facsimile Signatures and Seals Book issued by the Department of External Affairs, Ottawa, Ontario, Canada, and circulated to Embassies and Consulates of most foreign Governments in Canada. A Certificate of Authentication may be issued only by the Deputy Provincial Secretary's Office, who holds the official records of Notaries Public of the Province of Alberta, including specimens of their signatures and seals. When a Certificate of Authentication is required, the document containing the Notary Public's signature and seal can be mailed, brought in person, or delivered by messenger to the Deputy Provincial Secretary's Office, Room 111, 9833 - 109 Street, Edmonton, Alberta, T5K 2E8, along with a written request for same. There is a nominal fee for each Certificate provided. The Certificate of Authentication is physically attached with ribbon and sealing wax to the document and more than one document may be covered by one Certificate of Authentication, depending on the Consulates' requirements, and providing they are all going to the same ultimate destination.

PLEASE NOTE THAT ONLY ORIGINAL SIGNATURES AND SEALS MAY BE AUTHENTICATED.

The Certificates of Authentication with the documents attached will be returned to the requestor by mail, unless other arrangements are desired. Any additional delivery expense, such as private courier, will be at the expense of the requestor. In the case of a document for use in foreign jurisdictions, the Alberta resident or his solicitor should send the document (with the Certificate of Authentication attached), to the nearest Consular Office of the country in which the document is to be used. The documents are further authenticated at the respective Consular Office and the documents returned to the individual who submitted them. This individual can then transmit the authenticated document to the overseas solicitor, relative or business associate who requires it.

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NOTARIES PUBLIC ACT Revised Statutes of Alberta 2000, Chapter N-11 as amended to February 3, 2002. OFFICE CONSOLIDATION NOTE All persons making use of this consolidation are reminded that it has no legislative sanction, that the amendments have been embodied for convenience of reference only, and that the original Acts should be consulted for all purposes of interpreting and applying the law. UNPROCLAIMED AMENDMENTS This consolidation incorporates only those amendments in force on the date shown. It does not include amendments not proclaimed in force on that date. REGULATIONS The following is a list of the regulations made under the Notaries Public Act that are filed as Alberta Regulations under the Regulations Act as of the date shown: Notaries Public Regulation……………………………………………...68/2003

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NOTARIES PUBLIC ACT CHAPTER N-6

Table of Contents

1 Definition 2 Appointment 3 Lawyers and student-at-law 4 Judges 5 Political representatives 6 Powers and rights of a notary public 7 Termination of appointment 8 Name and expiry date 9 Prohibitions 10 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definition 1 In this act, “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act.

RSA 2000 cN-11 S1 Appointment 2(1) The Minister may appoint notaries public for Alberta. (2) The Minister of Justice shall not appoint as notary public a person (a) who is not a Canadian citizen actually residing in Alberta, or (b) who is not lawfully admitted into Canada for permanent residence and

actually residing in Alberta. (3) An application under this section shall be accompanied with an affidavit of the applicant, in the form and containing the information prescribed by the regulations. (4) The fee payable in respect of each appointment made under this section shall be in the amount prescribed by the regulations. RSA 1980 cN-11 s1; 1985 c15 s27;1989 c17 s20;cG-8.5 s89

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Lawyers and students-at-law 3(1) A member of The Law Society of Alberta, other than an honorary member, is by virtue of that membership a notary public for Alberta. (2) A person who is registered as a student-at-law under the Legal Profession Act is by virtue of that registration a notary public of Alberta. (3) A member of The Law Society of Alberta and a person registered as a student-at-law under the Legal Profession Act are not entitled to exercise the powers of a notary public under this section while membership or registration is suspended. RSA 1980 cN-11 s2;1990 cL - 9.1 s141; 1991 c21 s28 Judges 4 Every provincial judge, master in chambers, judge of the Court of Queen's Bench and judge of the Court of Appeal is by virtue of that office a notary public for Alberta. RSA 2000 cN-6 s4;RSA 2000 c16(Sipp)s55 Political representatives 5 A member of the Legislative Assembly of Alberta, a member from Alberta of the House of Commons of Canada or a member of the senate of Canada who at the time of his appointment as a senator is a resident of Alberta is by virtue of that office a notary public for Alberta. RSA 1980 cN-11 s4; 1981 c7 s5; 1983 cL-10.1 s57 Powers and rights of a notary public 6(1) 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.

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(2) Notwithstanding subsection (1), 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 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. (3) When a notary public administers oaths or takes affidavits, affirmations or declarations within Alberta for use within Alberta it is not necessary to their validity that the notary public affix the notary public’s seal to them. RSA 1980 cN-11 s5;1991 c21 s28 Termination of appointment 7(1) An appointment under this Act terminates at the expiration of 2 years from December 31 of the year in which the appointment was made, unless it is sooner revoked. (2) Any appointment previously made under this Act by commission of the Lieutenant Governor in Council may be revoked by the Minister of Justice. RSA 1980 cN-11 s6;1994 cG-8.5 s89 Name and expiry date 8(1) A notary public shall, on each affidavit, affirmation, declaration or acknowledgement taken or given by the notary public, each instrument attested by the notary public’s seal and each notarial certificate given by the notary public, legibly print or stamp in legible printing. (a) the notary public’s name, and (b) if the notary was appointed under section 2, the date on which the notary public’s appointment terminates. (2) a notary public who contravenes this section is guilty of an offence and liable to a fine of not more than $100. RSA 1980 cN-11 s7; 1981 c7 s5 Prohibitions 9(1) No person shall

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(a) administer an oath or take an affidavit, affirmation or declaration attested by the person’s signature and seal,

(b) hold out or represent the person to be a notary public, (c) attest a commercial instrument that is brought before the person for public protestation, or

(d) demand, receive or have a right, profit or emolument rightfully appertaining or belonging to the calling of a notary public.

unless the person is a notary public authorized under this Act and that authorization has not expired, been suspended or revoked or the person is authorized to exercise that power by any other law in force in Alberta. (2) A person who contravenes this section is guilty of an offence and liable to a fine of not more than $500. RSA 1980 cN-11 s8; 1997 c18 s19 Regulations 10 The Lieutenant Governor in Council may make regulations (a) governing the form and substance of affidavits, and (b) prescribing the fee payable for appointments, under section 2. RSA 1980 cN-11 s9

Notaries Public Regulation Affidavit 1 An affidavit containing the following information may be used as the affidavit prescribed as the form of affidavit required under section 2(3) of the Notaries Public Act: (a) that the applicant is a Canadian citizen or lawfully admitted into Canada for permanent residence, (b) if the applicant is a Canadian citizen by virtue of being born in Canada, state the date and place of birth, (c) if the applicant is a Canadian citizen on any other basis, a copy of the applicant’s certificate of citizenship,

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(d) if the applicant is lawfully admitted into Canada for permanent residence, a copy of the applicant’s record of landing, and (e) that the applicant actually resides in Alberta. Fees 2(1) Subject to subsection (2), the fee payable for an appointment under section 2(1) of the Notaries Public Act is $75.

(2) No fee is payable for the appointment of an employee of the Government or a member of a police force as a notary public for the purpose of his employment.

Repeals

3 The Notaries Public Forms Regulation (AR 26/80) and the Fees Regulations (AR 74/85) are repealed.

4 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 30, 2013.

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INDEX

PAGE AFFIDAVIT OF CITIZENSHIP - REGULATION.................................. 22 AFFIDAVIT SAMPLE................................................................................... 14 AUTHENTICATION OF NOTARY PUBLIC APPOINTMENT, SIGNATURE AND SEAL ............................................................................. 16 CHANGE OF EMPLOYMENT AND ADDRESS.........................................16 CONVEYANCING .......................................................................................... 12 DOCUMENT TO BE USED OUTSIDE THE PROVINCE OF ALBERTA ........................................................................................................12 EXHIBITS .......................................................................................................... 8 EX OFFICIO NOTARIES PUBLIC .............................................................. 11 INSTRUCTIONS: - General ..................................................................................... 3-4 - How to Administer an Oath to a Person Making an Affidavit .............................................................................. 5 - When and How to Administer an Affirmation to a

Person Making an Affidavit ................................................... 6 - How to Administer a Solemn Declaration to a

Person Making a Statutory Declaration ...................................7 - Your Duties in Completing the Affidavit or

Statutory Declaration .............................................................7-10 JURAT: - Alterations................................................................................... 7 - Ordinary Forms ......................................................................... 8 - Where Person is Blind or Illiterate ........................................... 8 - Where Person does not understand the English Language................................................................. 9 - Hearing and Speech Impaired.............................................. 10

LAY NOTARIES PUBLIC: - Restrictions................................................................................ 12

NOTARIES PUBLIC ACT ........................................................................ 18-22 NOTARY PUBLIC TITLE AND SEAL ................................................... 12 RE-APPOINTMENT...................................................................................... 16

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STATUTORY DECLARATION - SAMPLE ..............................................15