Commissioners for Oaths

Duties

A commissioner for oaths cannot act as a notary public. However, a notary public can act as a commissioner for oaths.

Commissioners for oaths can:

• administer oaths
• take and receive affidavits, affirmations or declarations
• attest the oaths, affidavits, affirmations or declarations

Signature and stamp

A commissioner for oaths – when acting as such – shall, on each document they sign, print or stamp beside their signature so it is easy to read:

• their name
• the words "A Commissioner for Oaths in and for Alberta”
• if appointed – the expiry date of their appointment
• if they are acting by virtue of office or status – the office or status which applies to them

Commissioner for oaths as appointed

Commissioner for oaths appointments are issued under the Notaries and Commissioners Act.

Commissioners for oaths by status

These people are commissioners for oaths because of their office or status:

• judges
• lawyers or students-at-law
• members of the Alberta legislature
• members of Parliament from Alberta
• Canadian senators who were a resident of Alberta at the time of their Senate appointment
• Metis settlement councillors
• municipal councillors
• trustees of school divisions or districts
• commissioned officers in the Canadian Armed Forces
• police officers

Code of Conduct

Commissioners for oaths in Alberta are governed by the Notaries and Commissioners Act and associated regulation.

Commissioners are also subject to a code of conduct set forth in the regulation which has been passed under the act. They must not commission or participate in the preparation or delivery of a document that is:

• false
• incomplete
• misleading
• deceptive
• fraudulent

Commissioners must also not participate in the preparation or delivery of any document that:

• has the false appearance of being issued by a court or other legitimate authority
• is intended to deceive any person
• is otherwise lacking valid legal effect

For more information on Organized pseudolegal commercial argument (OPCA) litigants and dealing with such individuals, see OPCA Litigants – The Phenomenon of Freemen on the Land (Law Society of Alberta).

How to apply

Appointments for commissioners for oaths are issued under the Notaries and Commissioners Act. To apply for an appointment as a commissioner for oaths you must:

• be 18 years of age or older
• be a resident of Alberta
• have no criminal record

Step 1. Read the eligibility requirements

When you begin your application read the eligibility requirements and also include completed copies of the required documentation:

• the Certificate of Barrister and Solicitor form
• where applicable, a Nil Fee Agreement form

Step 2. Complete your application in the Portal

Both new and renewal applications for the commissioner for oaths program are now available through Commissioners For Oaths (CFO).

• This service requires an Alberta.ca account.
  • Go to Alberta.ca Account to create an account if you do not already have one.

Step 3. Renew your application

Before beginning your renewal application, you will need to link your existing appointment to your current account.

• Select the ‘My Appointment’ heading once in the portal, entering your appointee number and date of birth.
• Once this process is complete, you can begin your renewal application via the portal.

Email your questions to [email protected].

Publications

Instructions and codes of conduct

These booklets:

• were made to help commissioners for oaths do their duties
• are not legal advice

Commissioners for oaths information

Commissioners for oaths must follow the standards in the:

• Commissioners for Oaths Regulation
• Information, instructions and code of conduct for commissioners for oaths

If there are differences between the booklets and the Notaries and Commissioners Act or the Commissioners for Oaths Regulation, the act and the regulations govern.

Related

• Document authentication for other jurisdictions and countries
• Notaries Public