Upcoming legislation will affect how Albertans sign a guarantee.
Effective April 30, 2015, only active members of the Law Society of Alberta are eligible to
- attend on someone signing a personal guarantee,
- provide advice, and
- sign the certificate required under the Guarantees Acknowledgment Act.
This is an important change and means that students-at-law and others with notary public status, all of whom have been providing this service for many years, will be shut out.
These changes were made through the Notaries and Commissioners Act SA 2013 c N-5.5, to be proclaimed April 30, and through the Justice Statutes Amendment Act SA 2014 c 13, proclaimed in 2014.
This same legislation also changes things for commissioners of oaths in Alberta.
1) Required Information
Before April 30: Commissioners must insert their name on the document commissioned and, if appointed by the Minister (rather than acting by virtue of office), add the commission end date.
After April 30: Commissioners must insert their name, the title “A Commissioner for Oaths in and for Alberta,” and their end date (or, where acting by virtue of office, their status – Barrister and Solicitor, for example).
2) Penalties
Before April 30: The penalty for non-compliance with the Act or for misrepresenting oneself as a commissioner is $500.
After April 30: The penalty is $5000.
3) Commissioner Requirements
After April 30: Commissioners must be over 18 years of age and Canadian citizens or permanent residents.
4) Duties and Code of Conduct
After April 30: The Minister may establish directives governing the duties of Commissioners as well as a code of conduct.
Karen McDougall, LESA Counsel
