1968 Bill ~ First Session, 16th Legislatute, 17 E.lie'i\beth \II .... , :: THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 9

An Act to amend The Guarantees Acknowledgment Act THE ATTORNEY GENERAL First Reading ............................................................ .. Second Reading ....................................................... .. Third Reading ........................................................... . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 9 1968

An Act to amend The Guarantees Acknowledgment Act (Assented tOI , 1968) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Gua'rantees Acknowledgment Act is hereby amended. 2.

(1) Section 2 is amended by renumbering the

section 80S subsection (1) and by adding the following:

(2) In this Act "notary public" means, (

a) with reference to an acknowledgment made in Al­ berta, a notary public in and for the Province of Alberta, and (

b) with reference to an acknowledgment made in a jurisdiction outside Alberta, a notary public in and for that jurisdiction. (?) rrhi~ RPc>.t.ion :mnlipR to a~knowledQ"IDents made before or· after the commencement 01 tnls Act. 3. The

Schedule is struck out and the- following is sub­ stituted: -

SCHEDULE THE GUARANTEES ACKNOWLEDGMENT ACT CERTIFICATE OF NOTARY PUBLIC This is to certify that.. ......... . ...... _.. of ..................... . ........ ....... . .. , who is known to me and is named as a party in a certain instrument in writing dated ............................. . .. ...... and made between ............................... . and.. ................. ............... ., this day appeared in person before me, and asknowledged that he had executed the same and that I satisfied myself by examination' that he was aware of and understood the contents of the said instrument.

Given at ......... this ................ day of , 19.. under my hand and seal of office. (SEAL) .................................... A Notary Public ·i·~ .. ~·~d .. f~~ ....

Explanatory Notes I. This Bill amends

chapter 136 of the Revised Statutes. 2. A recent judicial decision interpreted

section 4 of the Act as referring to a notary public in and for Alberta only. S'ection 4 presently reads: 4. No guarantee executed after the first day of July, 1939, has any effect unless (

a) the person entering into the obligation created thereby appears before a notary public and acknowledges his execution thereof, and (

b) the notary public, being satisfied by examination of that person that the person is aware of the contents of the guarantee and understands it, issues a certificate under his hand and seal of office in the form set out in the Schedule. 3. The certifi'cate of acknowledgment form is amended to make the wording applicable t'O places other than Alberta.

STATEM.ENT OF GUARANTOR I am the person named in this certificate. Signature of Guarantor 4. This Act comes into force on the day upon which it is assented to. 2

2 Title: 1968 (16th, 1st) Bill 9,

An Act to amend The Guarantees Acknowledgement Act