Notarized Affidavits in Alberta: Uses & Requirements

When dealing with legal matters in Alberta, you may encounter the need for an affidavit. A notarized affidavit is a key document used to confirm facts under oath and is commonly required in various legal processes, including court proceedings, business transactions, and even personal matters. But what exactly is an affidavit, and what are the requirements for notarizing one in Alberta?

In this article, we’ll explain what notarized affidavits are, when they’re used, and the steps you need to take to ensure your affidavit is legally valid in Alberta.

What is a Notarized Affidavit?

A notarized affidavit is a written statement in which an individual swears or affirms the truth of the facts outlined in the document before a notary public or commissioner for oaths. This process gives the affidavit legal standing, and the individual signing the affidavit makes a binding promise that the information provided is true and accurate.

Unlike other written documents, an affidavit is a sworn declaration, meaning that it carries the same weight as a verbal statement made in court. Providing false information in an affidavit can lead to severe legal consequences, including charges of perjury.

Key Features of a Notarized Affidavit:

• It must be signed in front of a notary public or commissioner for oaths.
• The person signing the affidavit must swear that the content is true and correct.
• The document must be witnessed and signed by a legally authorized individual (e.g., a notary public or commissioner for oaths).
  

When Are Notarized Affidavits Used in Alberta?

Affidavits are used in various legal proceedings and situations, both in personal and business matters. Here are some common scenarios where a notarized affidavit might be required in Alberta:

1. Court Proceedings

• In legal cases, affidavits are often used as evidence. For example, you may need an affidavit to support a civil case, family law matter, or property dispute.
• A witness may provide an affidavit stating their account of an event, allowing the court to use it in place of oral testimony.
  

2. Immigration Applications

• Affidavits are frequently required in immigration matters, especially for supporting documentation, such as confirming residency, relationships, or specific events.
• For example, when applying for a visa, work permit, or citizenship, an affidavit may be required to support the authenticity of documents or facts.
  

3. Business Transactions

• Affidavits are often used in business contracts and agreements. For instance, a business owner may need to swear an affidavit verifying the terms of a transaction or confirming the truth of certain statements in a corporate filing.
  Affidavits can also be used for confirming the ownership of assets or intellectual property.
  

4. Affidavit of Identity

• In personal matters, individuals may need to use an affidavit to confirm their identity, particularly when documents have been lost or when seeking to prove their identity for government purposes.
  

5. Property Transactions

• In property matters, affidavits can be used to verify ownership, confirm the status of a property, or resolve disputes related to titles and deeds.
  

Requirements for Notarizing an Affidavit in Alberta

For an affidavit to be legally valid in Alberta, it must meet certain requirements. Here’s what you need to know:

1. Must Be Sworn or Affirmed Before a Notary Public or Commissioner for Oaths

• An affidavit is only valid if it is signed in the presence of a notary public or commissioner for oaths. These professionals have the legal authority to witness the affidavit and confirm that the person swearing the affidavit understands the document and is doing so voluntarily.

2. The Affiant Must Be Mentally Competent

• The person signing the affidavit (the affiant) must be mentally capable of understanding the contents of the affidavit. If the person is incapacitated or unable to comprehend the document’s significance, the affidavit will not be valid.

3. The Affidavit Must Be Complete and Accurate

• The affidavit must contain a clear and concise statement of the facts being sworn. If any section is unclear or incomplete, the affidavit could be rejected, and its contents may not be admissible in court or legal proceedings.

4. The Affiant Must Swear to the Truthfulness of the Information

• The affiant must swear or affirm that the contents of the affidavit are truthful to the best of their knowledge. This oath is taken under the understanding that false statements could result in legal consequences.

5. The Affidavit Must Be Witnessed and Signed

• The notary public or commissioner for oaths must witness the affiant’s signature and complete the necessary witnessing section of the affidavit, confirming that the affiant has made the declaration in front of them.

Common Types of Affidavits in Alberta

Notarized affidavits can come in many forms, depending on the situation. Some common types of affidavits in Alberta include:

• Affidavit of Identity: Used to confirm a person’s identity when required by government agencies or other institutions.
• Affidavit of Service: Used to prove that a legal document was properly delivered to the intended recipient.
• Affidavit of Support: Commonly used in immigration matters to confirm that a person can financially support another during their stay in Canada.
• Affidavit of Residence: Used to confirm a person’s residence, often required in legal proceedings or immigration matters.
• Affidavit of Execution: Used to verify that a legal document, such as a will, was signed by the correct parties.
  

How to Get an Affidavit Notarized in Alberta

Getting your affidavit notarized in Alberta is a simple process. Here’s how to proceed:

1. Draft the Affidavit: Ensure your affidavit clearly outlines the facts and is free of errors.
2. Schedule an Appointment with a Notary Public or Commissioner for Oaths: Contact Libra Law’s Notarial Services to schedule an appointment with a qualified professional.
3. Bring Identification: The notary public or commissioner for oaths will need to verify your identity, so bring valid identification to your appointment.
4. Sign the Affidavit in Front of the Notary: You must sign the affidavit in the presence of the notary, who will then complete the notarization process.
5. Receive the Notarized Affidavit: After the affidavit is notarized, you’ll receive the signed and sealed document, which is now ready for submission or use.
   

Final Thoughts

Notarized affidavits play a crucial role in legal, business, and personal matters. Whether you're dealing with court proceedings, business transactions, or immigration matters, ensuring that your affidavit is properly notarized is essential for its legal validity.

At Libra Law, our Notarial Services team is here to assist with notarizing affidavits and other legal documents. We provide reliable, professional notarization services to ensure your documents are valid and meet all legal requirements.

If you need assistance with notarizing an affidavit or have any questions about the process, schedule a notary appointment today.

Disclaimer:

This article is for general informational purposes only and does not constitute legal advice. To obtain advice specific to your situation, please consult a lawyer or qualified professional.