FAQs
Frequently asked questions.
Can a lawyer commission any affidavit in Alberta?
Alberta lawyers are authorized to act as commissioners for oaths and notaries public, so we can commission affidavits and statutory declarations for use in Alberta, elsewhere in Canada and, with notarization, abroad. Some organizations have their own rules about who may witness their forms, so bring the instructions you were given and we will check them before you sign.
What is the difference between a commissioner for oaths and a notary public?
A commissioner for oaths can administer oaths and take affidavits and declarations, generally for use in Alberta. A notary public can do that and more, including certifying true copies and notarizing documents for use outside the province or country. Lawyers in Alberta hold both authorities, so we can handle whichever your document requires.
Can someone else sign for me?
No. Each person who makes an affidavit or statutory declaration must appear personally, prove their identity and swear or declare the contents themselves. Holding a power of attorney for someone generally does not allow you to swear an affidavit on their behalf. If a person cannot attend because of illness or mobility, contact us to discuss the options.
What if I find a mistake after the affidavit is sworn?
Once an affidavit has been sworn, you should not change it by hand. If you discover an error, the usual solution is to swear a new or supplementary affidavit that corrects it. Small corrections made before swearing should be initialled by you and the commissioner. We can help you decide which approach fits your situation.
Do you keep a copy of my document?
We keep a record of the appointment as our professional obligations require, and we handle any copies in line with our privacy practices. The original signed document is yours to file or send. If you will also need certified copies, mention it when you book so we can prepare them at the same appointment.
How long does an appointment take?
Commissioning a document that is already prepared is usually a short appointment when the paperwork is complete and everyone who must sign is present. Drafting a new affidavit takes longer, because we need to gather the facts and prepare the document first. Booking ahead lets us confirm what you need so your visit stays quick.
This information is general and is not legal advice. For advice on your situation, book a consultation.
Further reading