Who Can Sign As a Commissioner Of Oaths In Alberta?

Due to the significant responsibilities and trust involved with the role, specific qualifications, appointments, and responsibilities set by the provincial government determine who can legally serve in this role. This is to uphold the legal standards and protect the public from potential abuses of this position of authority. This includes the following groups.

LAWYERS

In Alberta, lawyers and students-at-law are automatically designated as commissioners of oaths by virtue of their legal status. This means they do not need to undergo a separate application process to obtain this authority. As commissioners of oaths, they are empowered to administer oaths and affirmations, which is an integral part of their legal duties and responsibilities.

Lawyers are among the easiest and most accessible options for finding a commissioner of oaths in Alberta for your documents. They are widely available and authorized to administer oaths and affirmations, making them a convenient choice for verifying documents and statements.

GOVERNMENTAL AND PUBLIC OFFICIALS

Certain government professionals are also authorized to act as commissioners for oaths automatically due to their job roles. These individuals often receive this authority because their positions inherently require the verification of legal documents and statements.

Along with lawyers and students at law, the following positions are automatically designated as commissioners for oaths in Alberta by virtue of their positions: Judges, members of the Alberta legislature, members of Parliament from Alberta, Canadian senators who were residents of Alberta at the time of their Senate appointment, Metis settlement councilors, municipal councilors, trustees of school divisions or districts, commissioned officers in the Canadian Armed Forces, and police officers.

These individuals do not need to apply separately for this designation. This automatic appointment allows them to administer oaths and affirmations as part of their official duties.

OTHER INDIVIDUALS

Individuals who do not belong to these professions but wish to be authorized as commissioners must apply to Alberta’s Department of Justice. This involves completing an application form, providing proof of identity and permanent residency, and paying a processing fee for the issuance of the commission.

In Alberta, individuals who are not automatically given the designation as part of their job but who might apply to be a Commissioner for Oaths typically include those in professions or roles where they frequently need to witness signatures or administer oaths and affirmations.

This might include real estate agents, mortgage brokers, paralegals, financial advisors, and more. To become an Alberta commissioner for oaths, one must demonstrate integrity, accountability, and a sound understanding of legal procedures. A person with criminal convictions, particularly related to fraud or dishonesty, may not qualify due to the trust inherent in the role.

An applicant must be a Canadian citizen or permanent resident aged 18 or older. While not explicitly required to be Alberta residents, they typically need a valid Alberta mailing address to receive their certificate and official communications.

What Is the Role Of a Commissioner For Oaths?

The commissioner for oaths in Alberta encompasses several responsibilities focused on witnessing oaths and solemn declarations.

ADMINISTERING OATHS AND AFFIRMATIONS

A commissioner for oaths administers oaths and affirmations for affidavits and statutory declarations. An affidavit is a written statement confirmed by oath or affirmation and used as evidence in court. A statutory declaration is similar but mainly used outside court proceedings.

ENSURING COMPLIANCE

Commissioners must follow legal procedures when administering documents. They ensure that signatories fully comprehend the statements and their legal consequences and provide assistance in a language understood by the signatory.

VERIFICATION OF IDENTITY

Commissioners verify the identity of the declarant using government-issued photo identification and ensure that individuals understand the document contents before signing. This verification helps prevent fraud and ensures the accuracy of legal statements.

WITNESSING SIGNATURES

Commissioners witness document signatures to confirm that signatories willingly and knowingly made their legal affirmation. They then certify the document to confirm that it was signed in their presence and that the declarant understood it.

MAINTAINING PROPER RECORDS

Although not required by law, commissioners are encouraged to maintain a record of affidavits or statutory declarations in a logbook or register to ensure transparency and accountability. This helps comply with the regulations set by Alberta’s Department of Justice. Proper document certification is critical to preventing fraudulent or negligent declarations.

LIMITATIONS OF THEIR ROLE

Commissioners for oaths cannot handle documents intended for use outside Alberta, as this is reserved for notaries public, who have broader powers, including certifying documents for international use. Commissioners cannot certify documents as true copies except where specific regulations permit, nor can they provide legal advice. Their role is strictly limited to administering oaths and witnessing affidavits and declarations required by law.

VALID TERMS AND RENEWALS

The appointment term for a commissioner for oaths is generally three years and can be renewed. The role is regulated by the Ministry of Justice and Solicitor General of Alberta, which ensures that commissioners for oaths adhere to the ethical and legal standards required by the province.

When Do You Need a Commissioner For Oaths?

Commissioners for oaths are required in various situations where legal affirmations, declarations, and affidavits are necessary for official records and proceedings.

LEGAL PROCEEDINGS

In legal proceedings, courts often require affidavits as evidence. A Commissioner for Oaths is needed to ensure these documents are signed and verified correctly. Sworn statements required for court cases also need a Commissioner’s signature to confirm their validity.

REAL ESTATE TRANSACTIONS

In real estate transactions involving land title transfers, a Commissioner must ensure that declarations are made with a complete understanding of the implications and legality of the agreements involved.

GOVERNMENT DOCUMENTATION

For government documentation, such as citizenship, immigration, or visa applications, commissioners verify identity and confirm that statements are accurate and legally binding. Statutory declarations about marital status or residency may also require a commissioner.

BUSINESS AND CORPORATE REQUIREMENTS

Business contracts and agreements often need affidavits or declarations to confirm that parties have reviewed and accepted the terms. Shareholders and partners may also declare their commitments to the business.

WILLS AND ESTATE MATTERS

In matters involving wills and estates, affidavits of execution confirm the validity of wills, while probate applications require affidavits to verify claims made by the executor. The Commissioner’s stamp ensures that the document is accurate and that all parties involved are accountable.

If you’re unsure whether your documents need the signature of a commissioner for oaths, contact DLegal today for commissioner for oaths services. Our lawyers are authorized Commissioners for Oaths and offer complete guidance on all the legal requirements for personal, legal, and official documents. We will give you peace of mind that all your documents comply with legal and regulatory requirements.