Good Afternoon,

We have land agents working for oil and gas companies and I have some concerns surrounding the limitations of the Alberta Commissioner for Oaths.  Often landowners reside outside Alberta and the “in and for” requirement placed on Alberta commissioners does not allow us to complete the requirements for the Dower Affidavit and the Land Agents Licensing Section 17 waiver with these folks outside Alberta. Instead, the agents need to hire a Notary to complete these documents, which hinders our ability to complete our job and is a great nuisance to landowners.

Have you given any thought to dropping the “in and” part from the commissioner for oaths to change it to “Commissioner for Oaths for Alberta”? Saskatchewan has recently changed from “within” and “without” designations to just “for” so a SK commissioner for oaths can take oaths for SK documents within SK and outside of SK. We think this makes an abundance of sense.

If this is not something that Alberta would like to do, then would Alberta consider allowing more folks to obtain their Notary? We understand that this may be somewhat limited as to how many are issued.

We noticed also that the Notaries and Commissioners Act requires Alberta commissioners to be Alberta residents. I’m not sure why this is a requirement, as there are folks living in SK or BC that work in Alberta and sign Alberta documents,and therefore would need to have their Alberta Commissioner for Oaths.

We believe both of these items should be reviewed and subsequently, changes made to the Notaries and Commissioners Act.

We look forward to hearing from you in the near future.

CAPL is a not for profit organization of negotiating Landmen who manage surface and mineral land transactions in the energy industry – petroleum and utilities.  The association which formed in 1948 now counts 1800 members, comprised of professional Landmen, managers, administrators and lawyers.  It is dedicated to insuring a high standard of conduct within the energy industry, providing education and mentorship and developing working legal documents. 
Thank you,
Larry B. Buzan, President CAPL