Affidavit of Service in Alberta: Which Form, What It Must Say, and Swearing It Outside Alberta

Last updated: October 10, 2026

Affidavit of Service in Alberta: Which Form, What It Must Say, and Swearing It Outside Alberta

Quick answer: Alberta's Rules of Court have no numbered affidavit of service form. Rule 11.30 says the affidavit must state that the person was served, describe the method of service, and state the date and place; Rule 13.19 puts it on Form 49, the generic affidavit. Each court publishes a template: the Court of King's Bench a "Generic Affidavit of Service", the Court of Appeal an "Affidavit of Service" headed Form 49, and the Court of Justice its own forms. It can be sworn before an Alberta commissioner for oaths or a court clerk ($25 in civil matters, no charge in family matters), or outside Alberta before a notary public, which the Alberta Evidence Act accepts. If you are in Alberta and want to swear by video, check with the court first.

People searching for "the Alberta affidavit of service form" are often surprised that there is no single numbered form. Alberta sets out what the affidavit must say, and each court supplies a template that says it. This guide explains the rule, lists each court's template, and covers who can commission it, including an Ontario notary when the person who served is outside Alberta.

If your case is in an Ontario court instead, see our guide to which affidavit of service form each court uses.

Key Takeaways

Alberta Has No Numbered Affidavit of Service Form

Ontario has Form 16B and the Federal Court has Form 146A, but Alberta's Rules of Court (Alta Reg 124/2010) do not prescribe an "Affidavit of Service" form. Schedule A lists Forms 1 to 50 and the family forms FL-1 to FL-79, and none of them is an affidavit of service.

Instead, two rules work together:

• Rule 11.30(1) says service of a document in Alberta, and service of documents other than commencement documents outside Alberta, may be proved by an affidavit stating that the person was served, describing the method of service, and stating the date and place of service. It may also be proved by a written acknowledgment or acceptance of service, by the person served or by a lawyer on their behalf, or by a court order under rule 11.27.
• Rule 13.19 says an affidavit must be in Form 49 (the generic affidavit), state on the front page the full name of the person swearing it and the date it was sworn, state their place of residence, be sworn before a person empowered to administer oaths, contain a statement of when, where and before whom it was sworn, and be signed by the person administering the oath.

Which Template Each Alberta Court Uses

QB142 is the court's own template number, not a rule form number; its "Rule" column on the court's forms page reads N/A. The Court of Appeal's version carries the Form 49 heading with the same body. Download the template from the court that will receive the affidavit; the links above go to the court's or the Alberta government's own files, and the forms pages always carry the current version.

What an Alberta Affidavit of Service Must Say

Whatever template you use, the affidavit has to carry these facts:

1. That the person was served, naming them.
2. The method of service. A commencement document on an individual is served by leaving it with the individual or sending it by recorded mail addressed to them (rule 11.5(1)). Other documents can go by the methods in the rules, including electronic service, but only to a person who has specifically provided an address for it, and with confirmation that the transmission succeeded (rule 11.21).
3. The date and place of service.
4. For a commencement document served outside Alberta, a statement of the real and substantial connection between Alberta and the claim (rule 11.30(2)).

The court templates add their own lines. The King's Bench template and the KB family form both have the deponent confirm they are 18 years of age or older. The King's Bench template asks you to attach the signed acknowledgment as an exhibit for recorded mail, and the transmission confirmation for electronic service. In the Court of Justice, the commencement-document form says a separate affidavit of service must be completed for each party served, and the civil procedure regulation requires a corporate registry search to be attached when a corporation was served (AR 176/2018, s. 47).

Divorce has an extra requirement: proof of service of a statement of claim for divorce must include a picture of the individual served, unless the court orders otherwise (rule 12.57).

If You Could Not Serve

If your attempts failed, you ask the court for an order, supported by an affidavit:

• Substitutional service (rule 11.28). When service is impractical, the court can allow another method. The affidavit must say why service is impractical, propose the alternative method, and say why that method is likely to bring the document to the person's attention.
• Dispensing with service (rule 11.29). When service is impractical or impossible. The affidavit must say that all reasonable efforts to serve have been exhausted or are impractical or impossible, why there is little or no likelihood the issue will be disputed, and that no other method of service appears to be available.
• Validating service (rule 11.27). An order that the service you did manage counts.

In family matters, Form CTS10950, Affidavit of Attempted Service, lists each attempt with its date, place and method, then asks for one of those three orders. It is listed on both the Court of King's Bench and the Court of Justice family forms pages, and its jurat is written for a commissioner "in and for Alberta", so a notary outside Alberta adapts it. Whether your attempts are enough is a question for the court or an Alberta lawyer; a notary commissions the affidavit.

For other provinces' rules on attempted and substituted service, see our affidavit of service guide.

Who Can Commission It

In Alberta

Any commissioner for oaths in Alberta can take the oath, and every Alberta notary public is a commissioner for oaths by virtue of the office (Notaries and Commissioners Act, s. 16(2)). Court clerks administer oaths too: the fee is $25 for an affidavit in a civil action or proceeding and no charge in the family matters listed in the fee schedule (Alberta Rules of Court, Schedule B). The Court of Appeal registry lists the same $25 "Commissioner for Oath Services" fee for civil, non-family matters. The Court of Justice civil form tells you to bring photo identification to have the affidavit commissioned.

Outside Alberta

If the person who served is outside Alberta, they do not need to travel. Section 47(1) of the Alberta Evidence Act says an affidavit sworn outside Alberta before a notary public "exercising his or her functions … in the place in which it is administered" is as valid as if it had been sworn in Alberta before a commissioner for oaths. Section 47(1)(d) gives commissioners for taking affidavits elsewhere the same effect.

Two practical points follow:

• The seal. Under s. 47(3)(a), a notary's affidavit is admitted in evidence without proof of the signature when it carries the notary's official seal. Ask for the seal to be applied.
• The jurat. Alberta templates end with "Commissioner for Oaths in and for the Province of Alberta" and a place "at ___, Alberta". The notary replaces this with their own title and place. Rule 13.16 says a deviation from a prescribed form that does not affect its substance and is not intended to mislead does not invalidate it, and s. 49 of the Evidence Act lets a court receive an affidavit despite an informality in its formal parts.

A common case: an Alberta claim is served on a defendant who lives in Ontario. The Ontario process server who served it swears the affidavit of service before an Ontario notary, with the real and substantial connection paragraph if a commencement document was served, and the affidavit goes back to Alberta for filing.

Swearing by Video for an Alberta Court

There are two situations, and they are not the same.

The person who served is in Ontario. Ontario's O. Reg. 431/20 allows an Ontario notary to administer the oath by live video when both can see, hear and communicate in real time, identity is confirmed, and the jurat records both locations. The oath is then taken in Ontario, before an Ontario notary, which is the situation s. 47 of the Alberta Evidence Act covers.

The person who served is in Alberta. No Alberta statute or rule we found answers whether a video oath before a notary in another province counts as an affidavit sworn "outside Alberta". The Court of King's Bench's notice on remote commissioning (NPP 2020-02, issued March 25, 2020 and still listed on the court's notices page) accepts remotely commissioned affidavits for that court under a strict protocol: the commissioner keeps a screenshot of the front and back of the deponent's photo ID, two paper copies are initialled on every page, and the commissioner certifies that the remote process was necessary because meeting in person was impossible or unsafe for medical reasons. If you are in Alberta, check with the court registry or your lawyer before booking a video appointment, or use an Alberta commissioner or court clerk.

What a Notary Can and Cannot Do

What a notary can and cannot do: A notary public confirms your identity, administers the oath or affirmation, applies the seal, and commissions the affidavit and its exhibits. A notary does not decide whether your service met the Alberta Rules of Court or a court order, whether the court will accept a remotely sworn affidavit, or what the real and substantial connection paragraph should say. For those questions, speak to an Alberta lawyer.

Minute Notary commissions affidavits as an Ontario notary public, including by video under O. Reg. 431/20.

How It Works With Minute Notary

For a person who served the documents and is in Ontario:

1. Download the template from the Alberta court that will receive the affidavit and fill it in, leaving the signature and jurat blank.
2. Gather the exhibits the template calls for: the recorded-mail acknowledgment, the transmission confirmation, or, for a divorce claim, the picture of the person served.
3. Book the appointment. Contact us or call (613) 434-5555 and mention that the affidavit is for an Alberta court.
4. Join the secure video call, or meet the notary in person on a mobile visit, with valid government photo ID.
5. Swear or affirm, then sign while the notary watches.
6. The notary completes an adapted jurat, applies the seal, and endorses each exhibit.
7. Receive the commissioned affidavit and send it on for filing the way the Alberta court accepts it.

Common Mistakes to Avoid

• Using an Ontario form for an Alberta court. Form 16B is an Ontario form; use the Alberta court's own template.
• Leaving the Alberta jurat unchanged when the oath is taken outside Alberta.
• No seal on an affidavit sworn before a notary outside Alberta.
• Missing the real and substantial connection paragraph for a commencement document served outside Alberta.
• No picture of the person served for a divorce claim.
• One affidavit for several people in the Court of Justice, which wants a separate affidavit for each party served.
• Signing before the appointment.
• Booking a video appointment from inside Alberta without first checking that the court will accept it.

Pricing and Booking

Note: pricing is per seal. The affidavit is one seal, and each exhibit is endorsed and sealed separately. If a second person swears an affidavit at the same appointment, an additional-signer fee of $24.95 applies.

Online appointments add HST plus a small card processing fee, shown in full before you pay. To book, contact us or call (613) 434-5555.

Frequently Asked Questions

Is there an official Alberta affidavit of service form?

Not a numbered one in the Rules of Court. Rule 11.30 says what the affidavit must state, and Rule 13.19 requires affidavits to be in Form 49, the generic affidavit. Each court publishes its own template: the Court of King's Bench a Generic Affidavit of Service, the Court of Appeal an Affidavit of Service headed Form 49, and the Court of Justice separate forms for commencement and other documents.

What must an Alberta affidavit of service say?

Under rule 11.30(1), an affidavit proving service must state that the person was served, describe the method of service, and state the date and place of service. If a commencement document was served outside Alberta, the affidavit must also state the real and substantial connection between Alberta and the claim. Proof of service of a divorce claim must include a picture of the person served, unless the court orders otherwise.

Who can commission an affidavit of service in Alberta?

Any Alberta commissioner for oaths, including every Alberta notary public. Court clerks also administer oaths: the fee is $25 for an affidavit in a civil matter and there is no charge in family matters. Outside Alberta, a notary public acting where the oath is taken can commission it under the Alberta Evidence Act.

Can an Ontario notary commission an affidavit for an Alberta court?

Yes, when the oath is taken outside Alberta. Section 47 of the Alberta Evidence Act makes an affidavit sworn outside Alberta before a notary public as valid as one sworn in Alberta, and one that carries the notary's official seal is admitted without proof of the signature. The notary adapts the Alberta jurat, which is written for a commissioner in Alberta.

Can I swear an Alberta affidavit of service by video?

It depends on where you are. If you are in Ontario, an Ontario notary can commission it by video under Ontario's remote commissioning rule. If you are physically in Alberta, no Alberta source settles whether a video oath before an out-of-province notary counts, and the Court of King's Bench's remote commissioning notice sets strict conditions. Check with the court registry or your lawyer before booking.

What if I could not serve the documents in Alberta?

Apply to the court for an order. Rule 11.28 lets the court allow substitutional service when service is impractical, rule 11.29 lets it dispense with service, and rule 11.27 lets it validate the service you did manage; each application is supported by an affidavit. In family matters, Form CTS10950, Affidavit of Attempted Service, lists each attempt and asks for one of those orders. A notary can commission that affidavit; whether the attempts are enough is for the court or an Alberta lawyer.

How much does it cost to have it commissioned by Minute Notary?

A flat $24.95 per stamp plus HST, the same online or in person. One affidavit is one stamp, and each exhibit attached to it is endorsed and sealed separately. Online appointments add a small card processing fee, shown before you pay.

Can the notary tell me whether my service was valid?

No. A notary confirms your identity, administers the oath or affirmation and commissions the affidavit. Whether service met the Alberta Rules of Court, or a court order, is a legal question; ask an Alberta lawyer if you are unsure.

Book Your Appointment

Served Alberta court documents and need the affidavit of service commissioned outside Alberta? Minute Notary commissions it — flat $24.95 per stamp plus HST.

• Book: Contact us
• Call: (613) 434-5555
• Service page: Affidavits
• Related guide: Affidavit of service: which form each court uses
• Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)

Sources

• Alberta Rules of Court, Alta Reg 124/2010 — rules 11.5, 11.21, 11.27–11.30, 12.57, 13.16, 13.19; Schedule B (King's Printer)
• Alberta Evidence Act, RSA 2000, c. A-18 — ss. 47 and 49 (King's Printer)
• Notaries and Commissioners Act, SA 2013, c. N-5.5 — s. 16 (King's Printer)
• Court of King's Bench of Alberta — civil forms (Generic Affidavit of Service)
• Court of Appeal of Alberta — filing, fees and forms
• Court of Justice of Alberta — civil practice directions and forms
• Court of Justice of Alberta — family and youth forms
• Court of King's Bench of Alberta — family law forms (CTS10950)
• Court of King's Bench of Alberta — divorce forms (CTS3882, CTS3694)
• Court of Justice Civil Procedure Regulation, AR 176/2018 — s. 47
• Alberta.ca — respond to an originating application (Affidavit of Personal Service)
• Court of King's Bench of Alberta — NPP 2020-02, remote commissioning of affidavits
• O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)