What is a Commissioner for Oaths?

A Commissioner is a person authorized to take your oath, declaration or affirmation when you sign an affidavit or a statutory declaration. A Commissioner does not certify that the statements being made in the affidavit or statutory declaration are true, but only certifies that an oath or affirmation has been administered properly.   If the Affidavit or Statutory Declaration is to be used outside of Alberta, you will likely need to take the oath or affirmation before a Notary Public.

The Alberta Commissioner for Oaths Act sets out the rules regarding Commissioner for Oaths.

What is a Notary Public?

A Notary Public can take your oath, declaration or affirmation when you sign an affidavit or a statutory declaration.     If the Affidavit or Statutory Declaration is to be used outside of Alberta, you will likely need to take the oath or affirmation before a Notary Public.A Notary Public can also notarize or certify copies of documents as true copies and issue certificates under the Alberta Guarantees Acknowledgment Act.

The Alberta Notaries Public Act sets out the rules regarding Notary Publics.

How do I get the document “Authenticated”?

Once the Notary Public has signed your document, some governments or organizations want the Notary Public’s authority to be “authenticated”.  You do this by taking the original signed document to:

Deputy Provincial Secretary’s Office
Room 111, 9833 109 Street
Edmonton, Alberta, T5K 2E8

There is a $10.00 charge per document.  Call Administrator, Official Documents and Appointments at 780-427-5069 (dial 310-0000 for toll free service in Alberta) for more information.

What is an Affidavit?

An Affidavit is a document containing statements that verified by the oath or affirmation of the person making those statement. An affidavit must be authorized by legislation that allows or requires proofs of certain facts by way of an affidavit.

What is a Statutory Declaration?

A Statutory Declaration is a document containing statements that are verified by the solemn declaration of the person making those statements. A statutory declaration is used in situations where there is no legislative authority for an affidavit.

What does it mean to take an oath or affirmation?

In order for an affidavit or statutory declaration to be legally valid, the oath, affirmation or solemn declaration must be administered properly.

The Commissioner of Oaths will ask you the following:

If an Oath is given:  Raise your right hand, “Do you swear the contents of this Affidavit are true? So help you God.” You respond with “I do.”

If an affirmation is given: “Do you solemnly affirm and declare the contents of this Affidavit are true?” You respond with “I do.”

If a statutory declaration is given:  “Do you make this solemn declaration conscientiously believing it be true and knowing that it is of the same force and effect as if made under oath?” You respond with “I do.”

There is a penalty of imprisonment under the Criminal Code for any person making a false Affidavit or statutory declaration.

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