Commissioners for Oaths Act, R.S.A. 2000, c. C-20

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COMMISSIONERS FOR OATHS ACT
Chapter C-20
Table of Contents
	1	Definition
	2	Lawyers and students-at-law 
	3	Police officers 
	4	Judges
	5	Notaries public
	6	Appointment of commissioners
	7	Appointments
	8	Commissioned officers 
	9	MLAs, etc. 
	10	Validity
	11	Style 
	12	Name on documents 
	13	Fees
	14	Regulations
	15	Prohibition
	16	Offence and penalty


HER MAJESTY, by and with the advice and consent of the 
Legislative Assembly of Alberta, enacts as follows:
Definition
1   In this Act, "Minister" means the Minister determined under 
section 16 of the Government Organization Act as the Minister 
responsible for this Act.
RSA 2000 cC-19 s1
Lawyers and students-at-law
2(1)  A member of The Law Society of Alberta, other than an 
honorary member, is by virtue of the member's office a 
commissioner empowered to administer oaths and take and receive 
affidavits, declarations and affirmations in Alberta.
(2)  A person who is registered as a student-at-law under the Legal 
Profession Act is by virtue of that registration a commissioner 
empowered to administer oaths and take and receive affidavits, 
declarations and affirmations in 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 commissioner under this 
section while membership or registration is suspended.
RSA 1980 cC-19 s1;1991 c21 s4
Police officers
3   A police officer as defined in the Police Act is by virtue of 
being a police officer a commissioner empowered to administer 
oaths and take and receive affidavits, declarations and affirmations 
in Alberta for use in Alberta.
1990 c29 s4
Judges
4   Every provincial judge, master in chambers, judge of the Court 
of Queen's Bench and judge of the Court of Appeal is by virtue of 
the judge's or master's office a commissioner empowered to 
administer oaths and take and receive affidavits, declarations and 
affirmations in Alberta.
RSA 2000 cC-20 s4;RSA 2000 c16(Supp) s41
Notaries public
5   Every notary public appointed under the Notaries Public Act is 
by virtue of the notary public's office a commissioner empowered 
to administer oaths and take and receive affidavits, declarations and 
affirmations in Alberta.
1992 c21 s8
Appointment of commissioners
6(1)  The Minister may appoint commissioners to administer oaths 
and take and receive affidavits, declarations and affirmations in 
Alberta.
(2)  An appointment made under this section expires on the 3rd 
anniversary of the commissioner's birthday after the date of the 
commissioner's appointment, unless it is cancelled by the Minister 
by notice in writing prior to that date.
RSA 1980 cC-19 s3;1981 c7 s1(2);1994 cG-8.5 s27
Appointments 
7   A commissioner appointed under this section as it read before 
June 25, 1991 continues to be a commissioner until the 
commissioner's appointment is cancelled in writing by the 
Minister.
RSA 1980 cC-19 s4;1991 c21 s4;1994 cG-8.5 s27
Commissioned officers 
8   Every person holding a commission as an officer in the 
Canadian Forces and being on full-time service, whether in Canada 
or outside Canada, is by virtue of that commission a commissioner 
empowered to administer oaths and take and receive affidavits, 
declarations and affirmations in or outside Alberta for use in 
Alberta.
RSA 1980 cC-19 s5
MLAs, etc. 
9   A member of the Legislative Assembly of Alberta, a member 
from Alberta of the House of Commons of Canada, a member of 
the Senate of Canada who at the time of the member's appointment 
as a senator is a resident of Alberta, a member of a municipal 
council in Alberta, a member of a Metis settlement council or a 
member of a board of trustees of a school district or school division 
in Alberta is by virtue of that membership a commissioner 
empowered to administer oaths and take and receive affidavits, 
declarations and affirmations in or outside Alberta for use in 
Alberta.
RSA 1980 cC-19 s6;1981 c7 s1(3);1983 cL-10.1 s57; 
1984 c55 s13;1998 c22 s6
Validity 
10   An oath, affidavit, declaration or affirmation taken or made 
outside Alberta pursuant to section 7, 8 or 9 is valid and effectual 
and of the like force and effect to all intents and purposes as if it 
had been administered, taken, sworn, made or affirmed before a 
commissioner for taking affidavits in Alberta or other competent 
authority of like nature.
RSA 1980 cC-19 s7
Style 
11   A commissioner or person when acting under this Act and in 
Alberta shall be styled "A Commissioner for Oaths" and when so 
acting outside Alberta shall be styled "A Commissioner for Oaths 
outside Alberta".
RSA 1980 cC-19 s8
Name on documents 
12(1)  A commissioner shall, on each affidavit, declaration, 
affirmation or other document that the commissioner signs in the 
commissioner's capacity as a commissioner, legibly print or stamp 
in legible printing next to the commissioner's signature
	(a)	the commissioner's name, and
	(b)	if the commissioner is appointed under section 6 or 7, the 
date on which the commissioner's appointment 
terminates.
(2)  A commissioner who fails to comply with this section is guilty 
of an offence and liable to a fine of not more than $100.
RSA 1980 cC-19 s9;1981 c7 s1(4)
Fees 
13(1)  The fee payable in respect of each appointment as a 
commissioner for oaths shall be in the amount prescribed by the 
Lieutenant Governor in Council.
(2)  The Lieutenant Governor in Council may prescribe different 
fees for different classes of persons and may make the amount of 
the fee dependent on the usual place of abode or business of the 
person to be appointed.
RSA 1980 cC-19 s10
Regulations 
14   The Lieutenant Governor in Council may make regulations
	(a)	governing the execution of documents by commissioners;
	(b)	respecting the fees that a commissioner may charge for 
each oath, affidavit, declaration or affirmation 
administered or taken.
RSA 1980 cC-19 s11;1981 c7 s1(5)
Prohibition 
15(1)  No person shall
	(a)	administer an oath,
	(b)	take or receive an affidavit, declaration or affirmation, or
	(c)	hold out or represent the person to be a commissioner for 
oaths,
unless the person is empowered to do so by this Act.
(2)  Subsection (1) does not apply to
	(a)	the administering of an oath or the taking or receiving of 
an affidavit, declaration or affirmation by a person who is 
empowered to do so by any other law in force in Alberta, 
or
	(b)	the administering of an oath or the taking or receiving of 
an affidavit, declaration or affirmation in Alberta for use 
only in another jurisdiction by a person who is 
empowered to do so by the laws of that other jurisdiction.
RSA 1980 cC-19 s12;1997 c18 s4
Offence and penalty 
16   A person who contravenes this Act is guilty of an offence and 
liable to a fine of not more than $500.
RSA 1980 cC-19 s13