GUARANTEES ACKNOWLEDGMENT ACT (RSA 2000 cG-11)

RSA 2000 cG-11

Alberta — Consolidated Statutes

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Chapter G-11 Current as of December 5, 2024 GUARANTEES ACKNOWLEDGMENT ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Guarantees Acknowledgment Act that are filed as Alberta Regulations under the Regulations Act. Alta. Reg.

Amendments Guarantees Acknowledgment Act Guarantees Acknowledgment Forms ............. 66/2003 ........... 203/2003, 20/2013, 212/2014, 41/2016, 139/2020, 144/2022, 16/2024, 205/2024

1 GUARANTEES ACKNOWLEDGMENT ACT

Chapter G-11 Table of Contents 1

Definitions 2 Application of Act 3 Requirements 3 . 1 Acknowledgment by video conference 4 Certificate 5 Certificate as evidence 7 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “guarantee” means a deed o r written agreement whereby a person, not being a corporation, enters into an obligation to answer for

an act or default or omission of another, but does not include (

i) a bill of exchange, cheque or promissory note, (ii) a partnership agreement, (iii) a bond or recognizance give n to the Crown or to a court or pursuant to a statute, or (iv) a guarantee given on the sale of an interest in land or a n interest in goods or chattels; (b) “lawyer” means, (

i) with reference to an ackno wledgment made in Alberta, an active member of The Law Society of Alberta, other

RSA 2000

Section 2

Chapter G-11 GUARANTEES ACKNOWLEDGMENT ACT 2 than an honorary member, who has not been suspended, and (ii) with reference to an acknowledgment made in a jurisdiction other than Alberta, a lawyer entitled to practise law in that jurisdiction. (c) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act. RSA 2000 cG-11 s1;2013 cN-5.5 s31;2014 c13 s7; 2020 c13 s6 Application of Act 2 This Act applies to guarantees entered into on or after September 1, 1969. RSA 1980 cG-12 s2 Requirements 3 No guarantee has any effect unless the person entering into the obligation (

a) appears before a lawyer, (

b) acknowledges to the lawyer that the person executed the guarantee, and (

c) in the presence of the law yer signs the certificate referred to in

section 4(1). RSA 2000 cG-11 s3;2013 cN-5.5 s31;2014 c13 s7; 2020 c13 s6 Acknowledgment by video conference 3.1(1) Notwithstanding

section 3, a guarantee has effect if the person entering into the obligation (

a) appears before a lawyer by two-way video conferencing, (

b) acknowledges to the lawyer that the person executed the guarantee, and (

c) can be seen by the lawy er during the two-way video conference to sign the certificate referred to in

section 4(1.1).

(2) If a guarantee is acknowledged in accordance with subsection (1) or in accordance with order of the Minister of Justice and Solicitor General numbered M.O. 29/2020, the requirements of

section 5 may be fulfilled by signing in counterpart complete, identical copies of the certificate referred to in

section 4(1.1) or in

RSA 2000

Section 4

Chapter G-11 GUARANTEES ACKNOWLEDGMENT ACT 3 the order of the Minister of Justice and Solicitor General, as the case may be, which together constitute the certificate.

(3) For the purposes of subsection (2), copies of the certificate are identical even if there are minor, non-substantive differences in format or layout between the copies. 2020 c13 s6;2024 c19 s7 Certificate 4(1) Where the requirements set out in

section 3 are satisfied, the lawyer, after being satisfied by examination of the person entering into the obligation that the person is aware of the contents of the guarantee and understands it, must issue a certificate in the prescribed form.

(1.1) Where the requirements set out in

section 3.1 are satisfied, the lawyer, after being satisfied by examination of the person entering into the obligation that the person is aware of the contents of the guarantee and understands it, must issue a certificate in the prescribed form.

(2) Every certificate issued under this Act shall be attached to or noted on the instrument containing the guarantee to which the certificate relates. RSA 2000 cG-11 s4;2013 cN-5.5 s31;2014 c13 s7; 2020 c13 s6 Certificate as evidence 5 A certificate issued under this Act that is (

a) substantially complete and regular on the face of it, and (

b) accepted in good faith by th e person to whom the obligation was incurred without reason to believe that the requirements of this Act have not been complied with, shall be admitted in evidence and is conclusive proof that this Act has been complied with. RSA 1980 cG-12 s5 6 Repealed 2013 cN-5.5 s31. Regulations 7 The Minister may make regulations (

a) repealed 2024 c19 s7; (

b) prescribing forms for the purposes of this Act. RSA 2000 cG-11 s7;2020 c13 s6;2024 c19 s7

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Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cG-11
Type	statute
Volume / chapter	G11
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	d11eabb9815cacedfcd5e50c13daada6fd43a7d7

Source file is stored in the law ingest library (pdf).