Commissioner for Oaths / Notary Public / Personal Guarantees / Independent Legal Advice

We offer a number of services to assist you in completing your legal documents and paperwork.    These services are: Commissioners for Oaths, Notary Public and Independent Legal Advice.

I would be happy to answer all of your questions and help you with the documentation and legal process.   I assist clients in Okotoks, Black Diamond, Turner Valley, High River, the Foothills, Calgary and surrounding areas.    I am also mobile and can travel to you, with evening and weekend appointment times available upon request.

Contact us at 403-995-7744

Commissioners for Oaths


All of my legal assistants and I are Commissioners for Oaths. A Commissioner for Oaths can swear documents that are to be used within Alberta, and only within Alberta. These documents include affidavits, affirmations, declarations and statutory declarations. If the document comes from or is used outside of Alberta, then our Notary Public can assist you. We can accommodate drop-ins under most circumstances, but not always. It is best to call to arrange a time to come in. Please see under Notary Public for what you need to bring with you to your appointment. I would be happy to answer all of your questions and help you with the documentation and legal process. I assist clients in Okotoks, Black Diamond, Turner Valley, High River, the Foothills, Calgary and surrounding areas. I am also mobile and can travel to you, with evening and weekend appointment times available upon request.




Notary Public Services & Information


When you need a document notarized, we are usually able to fit you in on short notice. In Alberta, all lawyers are notaries, and there are also some notary publics who are not lawyers. We appreciate a call so we can set up an appointment time, although sometimes we can accommodate a drop-in, depending on availability. Everyone who is required to swear/sign the document has to be present at the appointment. You cannot bring a document signed by another person to have it notarized. If you have already signed the document, you will have to sign it again in front the Notary Public / Commissioner for Oaths. The reason why a document needs to be notarized can be one of several reasons. Usually, it is because it needs to be sworn under oath and it is used outside of Alberta. If a document is required to be sworn, but is staying in Alberta, generally a Commissioner for Oaths is able to swear the document. Notarized documents can also be required for other reasons, such as: mandated by statute, to prove identity, or to have a notarized copy of an original.

  • Types of documents that may require a notary are:
  • Passport Applications / renewals
  • Consent to Travel / Travel Authorization for minor children
  • Notarized copies of Original Documentation
  • Statutory Declarations
  • Affidavits from jurisdictions outside Alberta
  • Immigration documents
Our rates for a Notary are $50.00 plus GST. We generally do not charge extra fees even if there are more than a couple documents. We may charge extra if more than one person needs to sign and you require separate appointments to come in. We may also charge extra if there is a fair amount of photocopying required. When certifying true copies of an original, you do not save money by bringing in copies of your original as I then have to check each copy to make sure it is a true copy. It is usually more efficient for my office to make the copies from the original and then I can notarize the true copies. Do you need a Notary? We do receive a number of requests for a Notary, only to realize that the person either requires more than just a Notary or they may only need a Commissioner for Oaths. If the document needs to be used only within Alberta, perhaps a Commissioner for Oaths would be sufficient. We do offer Commissioner for Oaths services, as all my legal assistants and myself, are Commissioners for Oaths. Sometimes people request to have their typed or handwritten Wills and Powers of Attorney notarized. These documents do not need to be notarized, they merely need to be written and signed in accordance with the legislation to be valid. Please call our office if you want us to meet with you, discuss your circumstances and sign your estate planning documents such as your Will, Power of Attorney and Personal Directive. We also set up Trusts as part of our estate planning services. Sometimes people need more than a Notary, for example, the following documents require more than just a Notary Public:
  • Personal Guarantees
  • Separation Agreements
  • Cohabitation / Prenuptial Agreements
  • Certificate of Independent Legal Advice
The above documents cost significantly more than a Notary because they involve more review, more discussion and more legal expertise before they are executed. When you call to make your appointment, please make sure you describe what you need signed. This way we can be ready for what you need, and it will save you the trouble of having to rebook another appointment if you need more than a notary. What you should bring for your appointment: Two (2) pieces of ID as follows:
  • One (1) piece of government issued ID that has your picture.
  • One (1) piece of secondary ID that has your signature on it, it may also have your picture, and it can be government issued such as a healthcare card or a credit card;
Everyone that has to sign the document must be present in person; you cannot bring a document that has already been signed by someone else;
  • The original document that needs to be signed, as well as any related or attached documents;
  • The originals of any documents that you need notarized copies of;
  • All foreign language documents must be accompanied by a certified translation;
Please read and understand your documents prior to the appointment; Please complete all blanks and answer all questions, etc. on the documents; an incomplete document cannot be notarized. If you require assistance to complete the document, this may increase the fee you are charged. I would be happy to answer all of your questions and help you with the documentation and legal process. I assist clients in Okotoks, Black Diamond, Turner Valley, High River, the Foothills, Calgary and surrounding areas. I am also mobile and can travel to you, with evening and weekend appointment times available upon request.




Personal Guarantees


The need for a personal guarantee arises when one person is required to guarantee the debts of another person or company. The lawyer has to ensure that the person signing the guarantee understands the consequences of providing a personal guarantee. It is a requirement of law that you have to sign with a lawyer. In Alberta, all personal guarantees require a personal guarantee acknowledgement form completed by a lawyer. Why are personal guarantees required? Generally there are two main reasons for a personal guarantee being required. One, is if the debtor does not have a good credit rating, or perhaps has no credit rating, the lender needs extra assurance that they will be paid and they want to increase the number of persons liable for that debt. Secondly, the debtor may be a corporation. In that case, the corporation is a separate legal entity from the shareholders and the shareholders are not liable for the corporation debts, in most circumstances. The lender or supplier or landlord, wants to make sure that they will be repaid if the corporation should be closed or dissolved or go into bankruptcy. You have to make sure you bring all the documentation with you to the appointment, this includes the loan agreement, lease, etc., that the personal guarantee acknowledgment is attached to. Types of documents that may require personal guarantees:

  • Leases
  • Supplier Contracts
  • Loan Agreements
  • Mortgages
  • Small Business Loans
I would be happy to answer all of your questions and help you with the documentation and legal process. I assist clients in Okotoks, Black Diamond, Turner Valley, High River, the Foothills, Calgary and surrounding areas. I am also mobile and can travel to you, with evening and weekend appointment times available upon request. Contact us at 403-995-7744.




Legal Advice


If your document states Independent Legal Advice (ILA) is required, please call in advance to arrange an appointment. My fees for ILA are based on the time it takes to review the document, meet with you and discuss your circumstances and provide you with Independent Legal Advice. This varies from situation to situation and cannot be easily predicted at the start. Types of documents that require ILA:

  • Separation Agreements
  • Releases and Settlement Agreements
  • Personal Guarantees
  • Cohabitation / Prenuptial Agreements
  • Unanimous Shareholder Agreements
  • Spousal Releases
  • Dower Releases
Please refer to the information under Notary for what you need to prepare for and bring to your appointment. With most of the above documents, I may require you to drop off or send the document to me in advance for my review prior to our meeting; and, I will require a retainer paid in advance to start reviewing the document. I would be happy to answer all of your questions and help you with the documentation and legal process. I assist clients in Okotoks, Black Diamond, Turner Valley, High River, the Foothills, Calgary and surrounding areas. I am also mobile and can travel to you, with evening and weekend appointment times available upon request. Contact us at 403-995-7744.




Travel Authorization


If only one parent or legal guardian is accompanying a minor child on a trip outside of Canada it has become fairly standard that the border guards require written permission before they allow you to cross the border. Even if both parents are not separated but they are traveling alone or at different times, the parent that takes the child across the border should have written permission from the other parent. This applies whether you are driving or flying. You may not always be asked for the written authorization, but it is highly recommended that you have an authorization with you. If you are asked and you do not have written authorization, you can wave goodbye to your scheduled flight while you scramble to contact the other parent, to have them scramble to contact a lawyer (is it a weekend?), so they can get a notarized, written permission sent to you to allow you to travel with your child. You may not need to have it notarized, but again, sometimes they look for the notary seal to ensure that it was completed properly and without fraud. You may also address this concern with a consent court order giving each other the permission to travel, the specific terms and details will be determined by what works for you. If you have difficulties obtaining consent travel authorizations from the other parent, you may make a court application to obtain a judge’s order authorizing the travel. If you have to make such an application, it is highly likely that the judge will order costs against the other parent for being difficult without a good reason. Judges do what is in the best interests of the child, and rarely is there a good reason to oppose travel with a child or to send a child on a vacation trip. You can also word orders or authorization to be permanent or to cover a long period of time. For example, if you find you travel south a lot into the U.S.A., you might want a travel authorization that covers all summer, or a one year period, or is permanent; that way you do not need to ask for and obtain one for each trip. If neither parent is travelling with the child and your child is being taken across the border by a family friend, relative or on a school or group outing, then both parents / legal guardians must sign the Travel Authorization form. Medical Emergencies – it is important to state on the travel authorization that the accompanying adult has your permission to make medical emergency decisions. You do not want to have delays in medical care while authorities try to contact you to perform emergency medical procedures. Download our .pdf Travel Authorization Form for one parent and for two parent authorizations below:

If you have any questions or concerns about travel authorizations, please contact me to discuss.





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Phone: 403-995-7744 | Fax: 403-995-7045

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OKOTOKS

11A Elizabeth Street

PO Box 509
Okotoks, AB . T1S 1A7

BLACK DIAMOND

Unit 4, 402 Centre Ave
Black Diamond, AB
T0L 0H0

Disclaimer: Lozinsky Flett is an Independent Association Law Firm.   Remember that legal advice is based on unique circumstances and must be personal and confidential. The law changes rapidly and constantly. Though this site aims to help inform, your own case may be different and as such you should not rely soley on this website or to any other site it links to. If you have a legal question or problem, you should consult with and seek the advice of a qualified lawyer. Our full disclaimer is available here.

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