1984 BILL 264 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 264

AN ACT TO AMEND THE GUARANTEES ACKNOWLEDGMENT ACT MR. NELSON First Reading Second Reading Committee of the Whole Third Reading Royal Assent

BiU 264 Mr. Nelson BILL 264 1984

AN ACT TO AMEND THE GUARANTEES ACKNOWLEDGMENT ACT (Assented to , 1984) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Guarantees Acknowledgment Act is amended by this Act.

Section 1 (

b) is repealed and the following is substituted: (b) "lawyer" means, (

i) with reference to an acknowledgment made in Alberta, an active member of The Law Society of Alberta, and (ii) with reference to an acknowledgment made in a jurisdiction outside Alberta, a person licensed to practise law in that jurisdiction.

Section 3 is amended (

a) by repealing clause (

a) and substituting: (

a) appears before a lawyer who is not acting for the person to whom the obligation was incurred, (

b) in clauses (

b) and (

c) by striking out "notary public" and substituting "lawyer" wherever it occurs.

Explanatory Notes 1 This Bill will amend

chapter G-12 of the Revised Statutes of Alberta 1980. 2

Section 1(

b) presently reads as follows: (b) "notary public" means, (

i) with reference to an acknowledgment made in Alberta, a notary public in and for Alberta, and (ii) with reference to an acknowledgment made in a jurisdiction outside Alberta, a notary public in and for that jurisdiction. 3

Section 3 presently reads as follows: 3 No guarantee has any eftect unless the person entering into the obligation (

a) appears before a notary public, (

b) acknowledges to the notary public that he executed the guarantee, and (

c) in the presence of the notary public signs a statement at the foot of the certificate of the notary public in the prescribed form.

Section 4(1) is repealed and the following is substituted:

(1) The lawyer, after being satisfied by examination of the person entering into the obligation that he fiilly understands the contents of the guarantee and his obligations under it, shall issue a certificate in the prescribed form. 5

Section 6 is repealed and the following is substituted: 6 The fee payable to a lawyer for the issue of a certificate under this Act and all incidental services shall not exceed $50. 6 This Act comes into force on Proclamation.

Section 4(1) presently reads as follows:

(1) The notary public, after being satisfied by examination of the person entering into the obUgation that he is aware of the contents of the guarantee and urulerstands it, shall issue a certificate under his hand and seal of office in the prescribed form. 5

Section 6 presently reads as follows: 6 The fee payable to a notary public for the issue of a certificate under this Act and all incidental services must not exceed $5. 6 Coming into force. Title: 1984 (20th, 2nd) Bill 264,

An Act to Amend the Guarantees Acknowledgment Act