Flat Fees for Notary Public + Commissioner for Oath Services
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FAQs:  Notary Public and Commissioner for Oaths

WHAT DO NOTARIES AND COMMISSIONERS DO?

Notaries Public and Commissioners for Oaths fulfill an important function in our society and fulfilling their duties requires more than just signing documents.

So, Notaries and Commissioners generally do as follows:
  • administering oaths and take affidavits, affirmations or declarations;
  • attesting oaths, affidavits, affirmations or declarations;
  • certifying and attesting true copies of documents [Notary Public only];
  • witnessing or certifying and attesting the execution of deeds, contacts and commercial instruments as Notary Publics [Notary Publics only] ; and
  • issuing a certificate under the Guarantee Acknowledgement Act [Notary Public only]; and
  • Authentication and legalization of their signatures and seals.

Sworn or solemnly affirmed affidavits, statutory declarations, and notarial certificates and certifications play an important role in the functioning of not only our legal system but our society at large.

Administering oaths, affirmations and declarations plays an important role in ensuring that the truth, the whole truth and nothing but the truth is provided in a variety of contexts where it is important that the truth be told and that a party that fails to provide the truth faces legal consequences for doing so including and an almost limitless number of circumstances, transactions and areas of the law that this arises.

​Notaries Publics also provide a large variety of certificates that have a certain legal effect depending upon the context [see the comment upon Notarial Certificates and Guarantee Acknowledgement Act Certificates below].

WHAT IS THE DIFFERENCE BETWEEN A NOTARY PUBLIC AND COMMISSIONER FOR OATHS?

A Notary Public has all the powers of a Commissioner for Oaths, however a Commissioner for Oaths does NOT have all the powers of a Notary Public.  

​Also when a document is intended to be used outside of Alberta, the law in that jurisdiction must be followed and while other jurisdictions will have different formalities very often other jurisdictions require that the documents be completed by a Notary Public rather than a Commissioner for Oaths.

DO NOTARIES AND COMISSIONERS JUST SIGN DOCUMENTS?

Being a Notary Public and Commissioner for Oaths is more than just signing from time to time.

Notaries Publics and Commissioners for Oaths are governed by the Notaries and Commissioners Act, S.A. 2013, c. N-5.5 and its regulations [the “Act”] which:
  1. ​Sets forth a Code of Conduct for all Notaries Publics and Commissioners for Oath;
  2. Sets out the procedures for exercising powers as a Notary Public or Commissioner for Oath.
​
​The Act specifies a code of conduct and complaints process for respecting non-lawyers acting as notaries and commissioners.  The code of conduct and complaints process may be of importance when dealing with non-lawyer notaries and commissioners that are not subject to the Law Society of Alberta’s code of conduct and complaints process as Lawyers are.

The  code of conduct for notaries and commissioners is similar, and very importantly prohibits commissioners and notaries from the following:
  1. mislead or attempt to mislead anyone in the discharge of the notary public’s / commissioner’s responsibilities;
  2. notarize / commission or participate in the preparation or delivery of any document that is false, incomplete, misleading, deceptive or fraudulent;
  3. notarize / commission or participate in the preparation or delivery of any document that
    • has the appearance of being validly issued by a court or other legitimate authority but is not,
    • is intended to or has the effect of deceiving any person, or
    • is otherwise lacking valid legal effect.

This is important because while these obligations are not new for Lawyers, it imposes the same obligations upon all notaries and commissioners [lawyer and non-lawyer alike] NOT to notarize or commission a document without inquiry and satisfying their obligations under the code of conduct.

If the notary or commissioner cannot satisfy their obligations under the code of conduct, then they cannot notarize or commission the document as they are obligated to ensure that in exercising this office they are not involved in certain mischief outlined in the code of conduct, and in particular mischief that has arisen with improper legal proceedings as described Meads v Meads, 2012 ABQB 571.

​The Meads case is noteworthy, because Justice Rooke outlines in detail the mischief that can arise from the improper legal proceedings and misuse of the Court's resources, and perhaps provides the context through which the obligations of lawyers and now non-lawyers commissioners and notaries to avoid being involved in such mischief are to be considered.

WHY DO A I NEED TO SEE A LAWYER FOR A PERSONAL GUARANTEE?

The Guarantees Acknowledgement Act, R.S.A. 2000, G-11  and its regulations to require any individual providing a personal guarantee to appear before a lawyer to:
  1. Acknowledge executing the guarantee;
  2. Confirm that the individual is aware of the contents of the guarantee and understands it;
  3. Sign the certificate before the lawyer.

​The lawyer is obligated by the Guarantees Acknowledgement Act and its regulations to satisfy him or herself that guarantor is aware of the contents and understands it and provide a certificate evidencing the same both in accordance with the Guarantees Acknowledgement Act, but also in accordance with his or hers professional obligations as a Member of the Law Society of Alberta.

The lawyer is then required to issue the Guarantees Acknowledgement Act Certificate in the form required by the Act and its regulations and attach it to the guarantee [s. 4].

The Lawyer's Guarantee Acknowledgement Act Certificate may then be admitted into evidence and be conclusive that the Act and been complied with [s. 5].

The consequences for failing to comply with the requirements of the Guarantee Acknowledgement Act are significant, as the Act states that "no guarantee has any effect" unless the requirements are satisfied [s. 3].

WHAT IS A NOTARIAL CERTIFICATE

Notary Publics can certify and attest to a variety of matters.  
The Notaries and Commissioners Act, S.A. 2013, c. N-5.5 empowers Notary Publics to do as follows:
  •   administer oaths or take affidavits, affirmations or declarations and attest the oaths, affidavits, affirmations or declarations;
  • certify and attest a true copy of a document, and
  • witness or certify and attest the execution of a document.

A Notarial Certificate often references a Notary Public certifying and attesting a true copy of a document OR certifying and attesting to the signing of a document.

The Notaries and Commissioners Act also provides that a Notarial Certificate o a lawyer may be used and recognized in Alberta, elsewhere in Canada and internationally [ss. 4(3)].

WHAT IS AUTHENTICATION AND LEGALIZATION [CONSULARIZATION]?

Whether authentication and legalization [consularization] is required will largely depend upon jurisdiction where the document is intended to be used and for what use that document is being put to.

If authentication is required, then a document that is notarized by a Notary Public in Alberta is sent to the Deputy Provincial Secretary's Office [who holds the official records of Notaries Public, their signatures and seals] to obtain a certificate authenticating the appointment, signature and seal of the Notary Public.

After authentication is obtained, then the document can be further legalized or consularized wherein the consul office of the jurisdiction where the document is intended to be use will authenticate that the the Deputy Provincial Secretary's Office is recognized by that jurisdiction to authenticate the appointment, signature and seal of the Notaries Public whom signed the document.

"NOTARIZING" OR "WITNESSING" DOMESTIC CONTRACTS [SEPARATION AGREEMENTS, FAMILY LAW MINUTES OF SETTLEMENT, COHABITATION AGREEMENTS, PRE-NUPTIAL AGREEMENTS, FAMILY LAW PROPERTY AGREEMENTS ETC.]

Domestic Contracts Legal Services

We can provide legal services respecting domestic contracts [Separation Agreements, Minutes of Settlement, Cohabitation Agreement, Pre-Nuptial Agreements etc.].

You can contact us for your free no obligation initial telephone consultation.

“Notarizing” Domestic Contracts

​Understandably parties may want to limit their fees by attempting to limit a Lawyer to “notarizing” or just attending to a party signing domestic contracts, but a Lawyer's role a Lawyer's responsibility may not be limited.

There are substantial legal and ethical obligations imposed upon Lawyers for their roles in domestic contracts that go beyond "notarizing" or just attending to a party signing domestic contracts.

Lawyers may face substantial personal liability if they don’t satisfy their substantial legal and ethical obligations.

Lawyer’s Obligations and Liability for Domestic Contracts Beyond “Notarizing”

There are many instances where Lawyers have faced such personal liability, and indeed in  the Alberta Court of Appeal case Webb v. Birkett, 2011 ABCA 13  the Court found a lawyer negligent [and liable] for failing to provide proper and complete legal advice while attending to signing a domestic contract [“notarizing”], and the Court clarifies that there are requirements and steps [see paragraph 54] that a Lawyer “remains obliged to take” including the following:
  • "(a)        To obtain sufficient reliable information to be able to ascertain what the client would likely receive or be required to pay for spousal support, child support and matrimonial property division should the matter be resolved at trial, and to so advise the client; 
  • (b)        To give the client a description of options to any proposed settlement, an opinion on whether any proposed settlement is reasonable, and a discussion of the pros and cons of that settlement in comparison to the other options so that any decision to settle is an informed decision; and 
  • (c)        To tell a client who takes the position that he or she wants to settle without having received full information from the other side that they may therefore be accepting less or paying more than what would be required according to law, and to provide to that client an assessment of the impact of the risk, including estimates of the value of what might be lost or paid above what was necessary, to the extent possible, on the basis of the information then available. A prudent solicitor would put this advice in writing to avoid later allegations of misunderstanding."

The obligations set out in Webb v. Birkett are NOT all of the substantial obligations [and potential liability] of a Lawyer in providing legal services for a domestic contracts as there are a multitude of other obligations and requirements a Lawyer must satisfy in providing legal services.

So, often in seeking the “notarizing” or attending to signing by a Lawyer what a Lawyer may be legally and ethically required to do is address legal requirements for the domestic contract and act [or at least appear to be acting] as a legal representative ensuring that:
  • the domestic contract is properly executed; and/or 
  • there is  independent legal advice has been provided to the party signing in front of the Lawyer; and/or 
  • the Matrimonial Property Act, including section 38 which expressly states a domestic contract is enforceable if each party  has acknowledged before their own Lawyer [NOT A NOTARY PUBLICY] that:
  1. that the spouse or person is aware of the nature and the effect of the agreement,
  2. that the spouse or person is aware of the possible future claims to property the spouse or person may have under this Act and that the spouse or person intends to give up these claims to the extent necessary to give effect to the agreement, and
  3. that the spouse or person is executing the agreement freely and voluntarily without any compulsion on the part of the other spouse or person; 
and/or
  • complies with other statutory, common-law and equitable requirements for domestic contracts that apply to married and non-married partners,
and it is often a Lawyer [NOT a Notary Public] whom can provide the legal advice and services necessary to comply with these requirements.

Balancing of Competing Issues:  Ensuring Justice v. Access to Justice

There are competing issues of ensuring recognizing the uniquely difficult and vulnerable context and potential vulnerability of the parties, and that ensuring that there is proper access to justice.

If justice isn't accessible [access to the courts, legal representation etc.], then there will we be injustice, because because of the fundamental role our justice system occupies in our civilized society in preserving rights, obligations and providing a dispute resolution mechanism for the orderly and proper functioning of our society.

A properly functioning justice system must also balance the access to justice with ensuring that there is justice done, and due process and fairness is upheld in its system, and the domestic contract context that includes considering the unique circumstances.

Domestic contracts arise in circumstances where parties are in a very uniquely difficult and vulnerable context, and persuasive, logical and reasonable grounds to ensure that for the enforceability of the domestic contract that the case law in this area sets out valid reasons to ensure that the process of resolving the breakdown is as much as possible free from exploitation [psychological, informational etc.] of a vulnerable party.

Further if children are involved, they as well are uniquely vulnerable and reliant upon the parties, and so the parties, Court and Lawyers involved must consider the bests interests of the children.

This imposes obligations upon the parties involved and their Lawyers.

Initial Telephone Consultation

If you do choose to contact us if we are not in a conflict of interest, we can proceed with an initial telephone consultation, and discuss what legal assistance you want to retain us for and what legal assistance we consider we can provide depending upon your legal needs and budget as we provide a variety of services ranging from a full retainer to a limited retainer [unbundled services] ranging from a one time case assessment to specific legal steps.  We are not retained, nor will we be retained in any initial telephone conversation, and if both of us agree that Lopatka Law should be retained then we will provide a formal retainer letter for you to sign, return a signed copy to us and thereafter for us to sign.  If we do not hear from you then we wish you well in your future endeavours and confirm that as with most legal situations time is often of the essence so it will be put to you to take such steps as may be necessary to protect your rights within the applicable legal timeframes, time limits and limitations periods.