Understanding the Difference Between a Notary Public and a Commissioner for Oaths

This blog is intended to provide general information and is not a substitute for legal advice. Please consult our qualified attorney for guidance specific to your case.

In Alberta, you may encounter the terms Notary Public and Commissioner for Oaths when needing certain documents verified or signed under oath. While both roles hold the authority to administer oaths and affirmations, they serve distinct purposes and differ in the scope of their authority. Let’s break down the differences to determine who you may need to contact for your specific legal needs.

What is a Notary Public?

A Notary Public is an individual who is legally empowered to witness and certify signatures on documents and to authenticate and validate specific documents used domestically and internationally. Notaries are appointed under Alberta’s Notaries Public Act, and their role includes the following responsibilities:

• Witnessing Signatures: Notaries can witness signatures on various documents, including contracts, affidavits, and statutory declarations.

• Administering Oaths and Affirmations: Notaries can administer oaths and affirmations on legal documents.

• Certifying Copies of Documents: Notaries can authenticate and certify copies of original documents, often required for applications, legal filings, or international purposes.

• Acknowledging Powers of Attorney and Wills: A Notary Public’s validation of these important documents can ensure they’re accepted in both domestic and international jurisdictions.

In Alberta, lawyers often serve as public notaries. However, others may hold this designation, enabling them to provide notarial services within their areas of expertise.

What is a Commissioner for Oaths?

A Commissioner for Oaths is a person appointed under Alberta’s Commissioners for Oaths Act, authorized to administer oaths, take affidavits, and receive affirmations within Alberta for documents that will be used in the province. This role is more limited than that of a notary public, as a commissioner for oaths cannot certify documents for use outside Alberta. Here are the key functions of a Commissioner for Oaths:

• Administering Oaths and Affirmations: Commissioners can administer oaths and affirmations for affidavits and statutory declarations required for Alberta-specific purposes.

• Swearing Affidavits: Many legal documents, including affidavits and some declarations, need to be signed under oath or affirmation before a Commissioner.

  
  

Unlike Notaries, Commissioners for Oaths do not have the authority to certify copies of documents, nor can they authenticate documents for international use.

Key Differences Between a Notary Public and a Commissioner for Oaths

Here’s a quick comparison to highlight their differences:

Which One Do You Need?

• If your documents need to be used internationally (such as for immigration or business purposes abroad), you will likely need a Notary Public to notarize your documents.

• For Alberta-specific matters, such as legal affidavits or declarations to be used solely within the province, a Commissioner for Oaths may be sufficient.

Understanding the roles and limitations of a Notary Public and a Commissioner for Oaths can help you streamline the process when you need documents authenticated or certified. At [Law Firm Name], we offer both notary and commissioner services to meet your needs, whether they are local or international. Feel free to contact us to determine the most suitable option for your specific requirements.

Contact Us

If you need assistance, reach out to us at (780) 719 3490. We’re here to guide you through every step of your legal documentation process.