Notary Public vs Commissioner for Oaths in Alberta: What's the Difference and Which Do You Need?

Why This Question Comes Up Constantly in Alberta

If you have ever needed to get a document officially witnessed or certified in Alberta, you have almost certainly run into this question: do I need a notary public or a commissioner for oaths?

These two roles sound similar, and they do overlap in some ways. But they are legally distinct designations with different scopes of authority, and using the wrong one for your document can mean your paperwork is rejected, your application is delayed, or you have to start over.

This guide explains exactly what each designation means, which documents require which, and why it matters.

Legal Definitions: What Each Designation Means Under Alberta Law

Commissioner for Oaths

A Commissioner for Oaths is appointed under the Commissioners for Oaths Act (Alberta). Their authority is straightforward: they are authorized to administer oaths, take affidavits, and witness statutory declarations and solemn affirmations within the Province of Alberta.

That last part is important: a Commissioner for Oaths has authority within Alberta only. Their seal and signature carry no weight for documents intended for use outside the province.

Commissioners for oaths in Alberta are often non-lawyers, they may be employees of a law firm, a registry, a government office, or a private business like Document Genie.

Notary Public

A Notary Public in Alberta is appointed under the Notaries Public Act (Alberta) and typically holds a broader scope of authority. In Alberta (unlike BC, where Notaries are a separate professional class), most Notary Public designations are held by lawyers or by individuals granted a specific notarial commission.

A Notary Public can do everything a Commissioner can do and more:

• Certify true copies of original documents

• Notarize documents for use outside of Alberta, including internationally

• Authenticate signatures for foreign use

• Prepare and witness statutory declarations and affidavits

• Add a notarial certificate that is recognized by other provinces and countries

Scope of Authority: Side by Side

Function	Commissioner for Oaths	Notary Public
Witness oaths and affirmations	✓	✓
Witness affidavits	✓	✓
Witness statutory declarations	✓	✓
Certify true copies of documents	✗	✓
Documents for use outside Alberta	✗	✓
Documents for international use	✗	✓
Recognized by IRCC	In some cases	Yes

Real-World Examples: When You Need a Commissioner vs a Notary

You need a Commissioner for Oaths when:

• You are making a statutory declaration for CRA (Canada Revenue Agency) benefits

• You need an affidavit for an Alberta court proceeding

• You are completing a land title transfer in Alberta

• You need a pension document or waiver witnessed

• You are making a solemn declaration for an employer or licensing body

You need a Notary Public when:

• You need a certified true copy of your passport, degree, or any identity document

• You are submitting documents to IRCC as part of an immigration application

• You need documents sent to another country (India, Philippines, UK, USA, etc.)

• You are executing a Power of Attorney

• You need documents apostilled for international use

• You are applying for a visa to another country that requires notarized documents

If you are unsure, the safest answer is almost always: get a Notary Public. A Notary can do everything a Commissioner can do, but not the other way around.

Documents That Specifically Require a Notary in Alberta

The following documents almost always require a Notary Public, not just a Commissioner:

• Certified true copies of passports, degrees, and official ID - required for IRCC, academic institutions, and professional licensing

• Travel consent letters for minors - must be notarized for international travel

• Invitation letters for visitor visas - when notarization is specifically requested by a consulate

• Power of Attorney - for use outside Alberta or for real estate/financial matters

• Immigration affidavits - for IRCC, a notarial certificate carries more weight than a commissioning stamp

• Documents to be apostilled - the apostille process requires notarized originals

Document Genie Holds Both Designations - What That Means for You

Document Genie Ltd. in Edmonton holds both Notary Public and Commissioner for Oaths designations. This means we can handle any document you bring through our doors, from simple statutory declarations to fully notarized packages for international immigration purposes.

You do not need to pre-determine which you need. Come in, tell us what the document is for, and we will tell you exactly what level of certification is required and handle it immediately.

Walk-ins welcome. No appointment needed at our Edmonton location.

The One Rule Everyone Forgets: Never Sign Before You See Us

Whether you need a Commissioner or a Notary, there is one rule that applies to every sworn or declared document: you must sign the document in the presence of the witness. Never sign in advance.

If you sign an affidavit, statutory declaration, or sworn statement before appearing before a Commissioner or Notary, the document is legally invalid. The entire purpose of witnessing is for the official to observe you signing and confirm your identity.

This is one of the most common mistakes people make. They fill out the form at home, sign it, and then come in to get it "stamped." That document cannot be commissioned or notarized, you will need to complete a new one.

When you come to Document Genie, bring a blank or unsigned document and valid government-issued photo ID. We handle the rest.

Frequently Asked Questions

Is a Commissioner for Oaths free in Alberta? Not necessarily. While some employers, banks, or government offices offer commissioning as a free service, private commissioning services charge a fee. At Document Genie, our pricing is transparent, contact us for current rates.

Can I use a Commissioner for Oaths for IRCC documents? It depends on the document. For affidavits and statutory declarations submitted to IRCC within Canada, a Commissioner may be acceptable. For certified true copies, documents for international use, or anything requiring a notarial certificate, you need a Notary Public. When in doubt, use a Notary.

What ID do I need to bring? Valid government-issued photo ID, a passport or driver's licence is ideal. For immigration documents, bring your passport.

Do both people need to be present for a joint affidavit? Generally, yes. Each deponent must sign in the presence of the witness separately.

Walk in to Document Genie Edmonton - no appointment needed →