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AR 220/2014 NOTARIES PUBLIC REGULATION

(no amdt)

ALBERTA REGULATION 220/2014

Notaries and Commissioners Act

NOTARIES PUBLIC REGULATION

Table of Contents

                1      Expiry of appointment

                2      Code of conduct

                3      Directives governing the duties and conduct of notaries public

                4      Applications

                5      Fees

                6      Written directions and notices

                7      Records and information

                8      Repeal

                9      Expiry

              10      Coming into force

Schedule

Expiry of appointment

1   Unless revoked, an appointment under Part 1 of the Act expires 2 years after December 31 of the year in which the appointment was made.

Code of conduct

2   The code of conduct referred to in section 6(1) of the Act is set out in the Schedule.


Directives governing the duties and conduct of notaries public

3   A directive referred to in section 6(2) of the Act must be published in the form and manner determined by the Minister.

Applications

4(1)  The application referred to in section 8 of the Act shall be submitted in a form and manner satisfactory to the Minister.

(2)  The application shall be supported by an affidavit satisfactory to the Minister, if the Minister so requires.

Fees

5(1)  Subject to subsection (2), the fee payable for an appointment under Part 1 of the Act is $75.

(2)  No fee is payable under subsection (1) for an appointment as a notary public for the purpose of employment with

                               (a)    the Government of Alberta or Canada or an agency of either, or

                              (b)    a police service.

Written directions and notices

6(1)  A written direction issued to a notary public under section 10 of the Act must be sent to the last known address or e‑mail address of that individual.

(2)  The refusal of an application or a notice of the suspension or revocation of an appointment referred to in section 11 of the Act must be

                               (a)    provided in writing, and

                              (b)    sent to the applicant or notary public at that individual’s last known address or e‑mail address.

Records and information

7(1)  For the purposes of section 13(f) of the Act, the Minister may collect, use and disclose information, including personal information, for the purposes of

                               (a)    confirming that a notary public has an office or status referred to in section 16(1) or (2) of the Act,

                              (b)    authenticating a notary public’s signature,

                               (c)    considering and approving applications, issuing written directions or suspending or revoking appointments under Part 1 of the Act and providing, publishing or issuing notices of suspensions or revocations, and

                              (d)    any other purpose required for the administration of the Act.

(2)  The Minister or the Notary Public Advisory Committee may collect, use or disclose information referred to in this section indirectly, without the consent of the notary public to which the information relates.

Repeal

8   The Notaries Public Regulation (AR 68/2003) is repealed.

Expiry

9   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 30, 2024.

Coming into force

10  This Regulation comes into force on the coming into force of the Notaries and Commissioners Act.

Schedule

Code of Conduct for Notaries Public

1   A notary public must

                               (a)    discharge all of the notary public’s responsibilities with honesty, dignity and integrity;

                              (b)    treat all persons fairly, courteously and with respect;

                               (c)    provide services in a professional, ethical and responsible manner;

                              (d)    comply with the terms and conditions of the notary public’s appointment;

                               (e)    comply with

                                        (i)    the Notaries and Commissioners Act,

                                      (ii)    the applicable regulations under the Notaries and Commissioners Act,

                                     (iii)    any other law or directives that govern the conduct of notaries public in the discharge of their responsibilities, and


                                     (iv)    any direction issued to the notary public under section 10 of the Act;

                               (f)    act in a manner that maintains and upholds the honour and reputation of the office of notary public;

                               (g)    maintain up‑to‑date knowledge on the law and directives governing the duties and conduct of notaries public;

                              (h)    hold in strict confidence all information of a confidential nature that comes to the notary public’s knowledge, except as is required to perform the services of the notary public or as otherwise required by law.

2   A notary public must not

                               (a)    mislead or attempt to mislead anyone in the discharge of the notary public’s responsibilities;

                              (b)    notarize or participate in the preparation or delivery of any document that is false, incomplete, misleading, deceptive or fraudulent;

                               (c)    notarize or participate in the preparation or delivery of any document that

                                        (i)    has the appearance of being validly issued by a court or other legitimate authority but is not,

                                      (ii)    is intended to or has the effect of deceiving any person, or

                                     (iii)    is otherwise lacking valid legal effect.