NOTARIES PUBLIC ACT (ALBERTA)
by and with the advice and consent of the Legislative Assembly of
Alberta, enacts as follows:
1 In this Act,
ďMinisterĒ means the Minister determined under section 16 of the
Government Organization Act as the Minister responsible for this Act.
RSA 2000 cN‑11 s1
2(1) The Minister may appoint
notaries public for Alberta.
(2) The Minister shall not appoint as a
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.
application under this section shall be accompanied with an affidavit of
the applicant, in the form and containing the information prescribed by
(4) The fee payable in respect of each appointment
made under this section shall be in the amount prescribed by the
RSA 1980 cN‑11 s1;1985 c15 s27;1989 c17 s20;1994 cG‑8.5
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 for 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
4 Every judge of the
Provincial Court, master in chambers, judge of the Court of Queenís
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(Supp)
s55;2008 c32 s22
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
that 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
A notary public may, during pleasure,
(a) administer oaths and take
affidavits, affirmations and declarations attested by the notary
publicís 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
demand, receive, and have all the rights, profits and emoluments
rightfully appertaining and belonging to the calling of notary public.
(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
(a) administering oaths and taking affidavits,
affirmations and declarations attested by the notary publicís signature
(b) attesting all commercial instruments that are brought
before the notary public for public protestation;
certificates under the Guarantees Acknowledgment Act;
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 publicís seal to them.
RSA 1980 cN‑11 s5;1991 c21 s28
Termination of appointment
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.
RSA 1980 cN‑11 s6;1994 cG‑8.5 s89
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 publicís seal and each
notarial certificate given by the notary public, legibly print or stamp
in legible printing
(a) the notary publicís name, and
(b) if the
notary public was appointed under section 2, the date on which the
notary publicís 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
9(1) No person shall
(a) administer an oath or take an affidavit,
affirmation or declaration attested by the personís signature and seal,
(b) hold out or represent the person to be a notary public,
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
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.
1980 cN‑11 s8;1997 c18 s19
10 The Lieutenant
Governor in Council may make regulations
(a) governing the form and
substance of affidavits, and
(b) prescribing the fee payable for
under section 2.
RSA 1980 cN‑11 s9