Notarizing versus Commissioning
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To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
The primary distinction as between between the notarization and commissioning of legal documents lies in the scope of the professional's authority and the geographic limitations of their power (with lawyers in Alberta, by virtue of their profession, serving both functions). When documents are commissioned, the Commissioner for Oaths is generally authorized only to administer oaths, affirmations, and declarations for documents that are intended for use within a specific local jurisdiction, such as a province or state. Their role is strictly to verify the identity of the deponent and ensure that the person signing the document understands the gravity of the legal oath they are taking. Because their powers are often tied to specific legislation, a document commissioned by them may not be legally recognized if it is sent across international borders or even to a different province. In contrast, notarized documents have the capacity to be recognized both domestically and internationally.
Notarization involves a higher level of scrutiny and formal certification than simple commissioning, making it the preferred method for high-stakes or international transactions. A Notary Public has the authority to not only administer oaths but also to certify "true copies" of original documents and witness the signing of deeds, contracts, and commercial papers. The notary seal that is embossed on the document serves to authenticate its veracity, as is typically sought by foreign consulates and international courts.
While every Notary Public in Alberta is automatically a Commissioner for Oaths, they also have the unique authority to attest to the execution of a document and to certify true copies of original records. This means a Notary Public can officially verify that a photocopy of a birth certificate or a passport is a genuine reproduction of the original, a power a Commissioner of Oaths does not have. Additionally, a Notary Public in Alberta must use a physical or digital seal on every document they sign, which serves as a globally recognized mark of authenticity. This seal is a mandatory requirement for documents undergoing the authentication process through Alberta’s Deputy Provincial Secretary for use in foreign countries.
The qualifications for these roles in Alberta are distinct and involve different levels of scrutiny by the Ministry of Justice. Most lawyers in Alberta are automatically a Notary Public as long as they are active and in good standing with the Law Society of Alberta. For non-lawyers, the process to become a Notary Public is rigorous, usually requiring a demonstrated need for the appointment, such as for specific business or government functions. In contrast, many more Albertans qualify to be Commissioners for Oaths, including police officers and certain municipal employees, whose appointments are often limited to a two-year term. This tiered system ensures that while basic witnessing is widely available, the more complex task of international certification remains in the hands of those with specific legal standing.
To schedule an appointment, please contact our law firm to attain our current availability for an evening / weekend session to notarize or commission legal documents, email our law firm in strict confidence at Chris@NeufeldLegal.com with your contact information (including home address), preferred times and PDFs of the documents to be completed, such that we might coordinate the actual meeting time and confirm our costs.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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