200611291509加拿大亞伯達省公證人法

NOTARIES PUBLIC ACT

Chapter N‑6

Table of Contents

                1       Definition

                2       Appointment

                3       Lawyers and students‑at‑law

                4       Judges

                5       Political representatives

                6       Powers and rights of a notary public

                7       Termination of appointment

                8       Name and expiry date

                9       Prohibitions


              10       Regulations

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 cN‑11 s1

Appointment

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.

(3)  An application under this section shall be accompanied with an affidavit of the applicant, in the form and containing the information prescribed by the regulations.

(4)  The fee payable in respect of each appointment made under this section shall be in the amount prescribed by the regulations.

RSA 1980 cN‑11 s1;1985 c15 s27;1989 c17 s20;1994 cG‑8.5 s89

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

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 that office a notary public for Alberta.

RSA 2000 cN‑6 s4;RSA 2000 c16(Supp) s55

Political representatives

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

6

(1)  A notary public may, during pleasure,

                                 (a)    administer oaths and take affidavits, affirmations and declarations attested by the notary public’s 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

                                 (e)    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 following:

                                 (a)    administering oaths and taking affidavits, affirmations and declarations attested by the notary public’s signature and seal;

                                 (b)    attesting all commercial instruments that are brought before the notary public for public protestation;

                                 (c)    issuing certificates under the Guarantees Acknowledgment Act;

                                 (d)    certifying 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 public’s seal to them.

RSA 1980 cN‑11 s5;1991 c21 s28

Termination of appointment

7

(1)  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

Name and expiry date

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 public’s seal and each notarial certificate given by the notary public, legibly print or stamp in legible printing

                                 (a)    the notary public’s name, and

                                 (b)    if the notary public was appointed under section 2, the date on which the notary public’s 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

Prohibitions

9

(1)  No person shall

                                 (a)    administer an oath or take an affidavit, affirmation or declaration attested by the person’s signature and seal,

                                 (b)    hold out or represent the person to be a notary public,

                                 (c)    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 notary public,

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.

RSA 1980 cN‑11 s8;1997 c18 s19

Regulations

10   The Lieutenant Governor in Council may make regulations

                                 (a)    governing the form and substance of affidavits, and

                                 (b)    prescribing the fee payable for appointments,

under section 2.

RSA 1980 cN‑11 s9

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