Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 15

AN ACT TO AMEND THE

COMMISSIONERS FOR OATHS ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DARIN KING

Minister of Justice

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Commissioners for Oaths Act by

clarifying that only persons

who are 19 years of age or older may be appointed to administer oaths and take

and receive affidavits, declarations and affirmations within the province;

replacing an outdated statutory

reference in

section 7; and

allowing the Minister of

Justice to appoint persons as commissioners for oaths in connection with the

performance of employment duties imposed on them by or under a statute, but

limited as the Minister of Justice may determine.

A BILL

AN ACT TO AMEND THE COMMISSIONERS FOR OATHS

ACT

Analysis

S.2 Amdt.

Appointments in province

S.7 Amdt.

Other commissioners

S.7.1 Added

Commissioners for special purposes

S.9 R&S

Applications

S.10 R&S

Evidence of appointment

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cC-25

as amended

1. Subsection 2(1) of the Commissioners for Oaths Act is repealed and the following

substituted:

Appointments in

province

(1) The

Minister of Justice may appoint a person who is 19 years of age or older and

who is a Canadian citizen or has the status of a permanent resident of Canada

to administer oaths and take and receive affidavits, declarations and

affirmations within the province.

2. Subsection 7(1) of the Act is repealed and the

following substituted:

Other commissioners

(1) While

they hold office and by virtue of their office, all employees employed by the

government and designated by a minister, or employed by a regional health

authority established under the Regional

Health Authorities Act and designated by the chief executive officer of the

regional health authority, are commissioners for oaths and shall be so styled

and may exercise within the province the powers conferred by this Act.

3. The Act is amended by adding immediately after

section 7 the following:

Commissioners for

special purposes

7.1

(1) The

Minister of Justice may appoint a person, other than an employee referred to in

section 7, to administer oaths and take and receive affidavits, declarations

and affirmations within the province in connection with the performance of employment

duties imposed on that person by or under a statute, but limited as the

Minister of Justice may determine.

(2) The person appointed under subsection

(1) shall be styled a commissioner for oaths and that person shall write or stamp

below his or her signature on an affidavit, declaration, affirmation or

certificate made before or given by the person as a commissioner the words "A

Commissioner for Oaths in and for Newfoundland and Labrador".

Section 9 of the Act is repealed and the

following substituted:

Applications

9. An

application for appointment under subsection 2(1), 3(1) or 7.1(1) or for

renewal under subsection 8(2) shall be made to the Minister of Justice.

Section 10 of the Act is repealed and the

following substituted:

Evidence of appointment

(1) An

appointment made under subsection 2(1), 3(1) or 7.1(1) and a renewal under

subsection 8(2) shall be evidenced by a certificate signed by the Minister of

Justice and issued to the person receiving the appointment.

(2) A certificate issued respecting an appointment

made under subsection 2(1) or 3(1) or a renewal under subsection 8(2) shall

state the date on which the appointment expires and shall otherwise be in the

form which the Minister of Justice prescribes.

(3) A certificate issued respecting an appointment

made under subsection 7.1(1) shall, where applicable, state the limitations of

the appointment and shall otherwise be in the form which the Minister of

Justice prescribes.

(4) A certificate issued under subsection

(1) purporting to be signed by the Minister of Justice shall be received in a court

in the province as, in the absence of evidence to the contrary, evidence of the

facts stated in it and of the authority of the person by whom the certificate

purports to be signed without proof of the authorization of the form or of the

appointment or signature of the Minister of Justice.

Queen's Printer