Bill 18 (Legislature 13, Session 4)

L13 S4 6148

Alberta — Bills

No. 18 4th Session, 13th Legislature, Alberta 6 Elizabeth II, 1958 BILL 18 A Bill to amend The Alberta Evidence Act RON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty Edmonton, Alberta, 1958

Explanatory Notes 2. This clause is a reVlSlOn of the present sections 47 and 48 drafted by the Commissioners on Uniformity of Legislation in Canada .and it is recommended for adoption by the Alberta Com missioners. The present provisions are re-drafted for greater clarity and precision.

BILL No. 18 of 1958

An Act to amend The Alberta Evidence Act (Assented to , 1958) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Alberta Evidence Act, being

chapter 102 of The Revised Statutes of Alberta, 1955, is hereby amended.

Section 47 is struck out and the following is substi tuted: ·'47.

(1) An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made outside Alberta before "(a) "(b) "( c) "(d) "( e) " (I) "(g) " (h) " (

i) a judge, a magistrate, an officer of a court of justice, a commissioner for taking affidavits or other com petent authority of the like nature, a notary public, the head of a city, town, village, township or other municipality, an officer of any of Her Majesty's diplomatic or consular services, including an ambassador, envoy, minister, charge d'affaires, counsellor, secretary, attache, consul-general, consul, vice-consul, pro consul, consular agent, acting consul-general, acting consul, acting vice-consul, and acting con sular agent, an officer of the Canadian diplomatic, consular or representative services, including, in addition to the diplomatic and consular officers mentioned in clause (g), a high commissioner, permanent delegate, acting high commissioner, acting perma nent delegate, counsellor and secretary, or a Canadian Government Trade Commissioner or an Assistant Canadian Government Trade Commis- sioner, exercising his functions or having jurisdiction or authority as such in the place in which it is administered, sworn, affirmed or made, is as valid and effectual to all intents and purposes as if it had been duly administered, sworn,

2 3. New. Officers in the armed forces in Canada and overseas are frequently required in the course of their duties, to act as com missioners for oaths. This new clause was prepared by the Commissioners on Uniformity of Legislation, and is recommended by the Alberta Commissioners for enactment to remove any doubt as to the validity and admissibility of such sworn statements as evidence.

2 affirmed or made within Alberta before a comnlissioner for taking affidavits within Alberta. "

(2) An oath, affidavit, affirmation or statutory declar ation administered, sworn, affirnled or made outside Alberta before a notary public for Alberta or before a commissioner for taking affidavits within Alberta is as valid and effec tual to all intents and purposes as if it had been duly ad ministered, sworn, affirmed or made within Alberta before a commissioner for taking affidavits within Alberta. "

(3) A document that purports to be signed by a per son mentioned in subsection (1) or (2) in testimony of an oath, affidavit, affirmation or statutory declaration having been administered, sworn, affirmed or made before him, and on which his office is shown below his signature, and " (

a) in the case of a notary public, that purports to have impressed thereon or attached thereto his official seal, " (

b) in the case of a person mentioned in clause (

I) of subsection (1), that purports to have impressed thereon or attached thereto the seal of the munici pality, or "(

c) in the case of a person mentioned in clause (g), (

h) or (

i) of subsection (1), that purports to have im pressed thereon or attached thereto his seal or the seal or stamp of his office or of the office to which he is attached, is admissible in evidence without proof of his signature or of his office or official character or of the seal or stamp and without proof that he was exercising his functions or had jurisdiction or authority in the place in which the oath, affidavit, affirmation or statutory declaration was administered, sworn, affirmed or made.".

Section 4 8 is struck out and the following is substi tuted: "48.

(1) An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made within or outside Alberta before a person who holds a commission as an officer in the Canadian Forces and is on full-time service is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within Alberta before a commissioner for taking affidavits within Alberta. "

(2) A document that purports to be signed by a per son mentioned in subsection (1) in testimony of an oath, affidavit affirmation or statutory declaration having been administered sworn affirmed or made before him and on which his' rank a~d unit are shown below his signature is admissible in evidence without proof of his signature or of his rank or unit or that he is on full-time service.". 4. This Act comes into force on the day upon which it is assented to.

FOURTH SESSION THIRTEENTH LEGISLATURE 6 ELIZABETH II 1958 BILL

An Act to amend The Alberta Evidence Act Received and read the First time ........................................ . Second time ....................................... . Third time ......................................... . HON. MR. MANNING Title: 1958 (13th, 4th) Bill 18,

An Act to amend The Alberta Evidence Act

Document details

Collection	Alberta — Bills
Citation	L13 S4 6148
Type	bill
Volume / chapter	L13 S4 6148
Language	en
Format	json
Source	PROVINCIAL
Identifier	16e3b7f2d20d23e8908b9fddd15adf8522f4e634

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