This is an official version.

Copyright 2024: Queen’s Printer,

St. John's, Newfoundland and Labrador, Canada

Important Information

(Includes details about the availability of printed and electronic versions of the Statutes.)

Table of Public Statutes

Main Site

How current is this statute?

Responsible Department

RSNL1990

CHAPTER C-25

COMMISSIONERS FOR OATHS ACT

Amended:

1996 cR-10.1 s14; 1998 c6 s6; 1999 c22 s8; 2001 cN-3.1; 2007 c16; 2010 c5; 2013 c17; 2022 cP-30.1 s45; 2023 c4

CHAPTER C-25

AN ACT RESPECTING COMMISSIONERS

TO ADMINISTER OATHS

Analysis

Short title

1.1

Definitions

Appointments in province

Appointments outside province

Barristers

Members of Assembly

Mayors

Other commissioners

7.1

Commissioners for special purposes

Duration of appointments

Applications

Evidence of appointment

Expiry of appointment

Rep. by 1996 cR-10.1 s14

Revocation of appointment

Minister may set fees

Offence

Regulations

Short title

This Act may be cited as the Commissioners for Oaths Act.

RSN1970 c51 s1

Back to Top

Definitions

1.1

In this Act,

(a)

"audio-visual technology" means technology which allows a person signing a document and a person witnessing the signing of the document who are not in the physical presence of one another to see, hear and communicate with each other at all times;

(b)

" barrister

" means lawyer;

(c)

" lawyer

" means a member in good standing of the Law Society of Newfoundland and Labrador; and

(d)

" minister

" means the minister appointed under the Executive Council Act

to administer this Act.

2023 c4 s2

Back to Top

Appointments in province

(1) The

minister 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) The person appointed under subsection (1) shall be styled a commissioner for oaths in and for the province and that person shall write or stamp below the persons signature on an affidavit, declaration, affirmation or certificate made before or given by the person the words "A Commissioner for Oaths in and for Newfoundland and Labrador".

RSN1970 c51 s2; 1973 No48 s4; 1983 c76 s4; 1985 c11 s5; 2001 cN-3.1 s2 ; 2010 c5 s1 ; 2013 c17 s1 ; 2023 c4 s3

Back to Top

Appointments outside province

(1)The minister may appoint a person to administer oaths and take and receive affidavits, declarations and affirmations outside the province for use in the province in or concerning a cause, matter or thing whether pending in a court in the province or concerning a proceeding in a court in the province or otherwise.

(2) The person appointed under subsection (1) shall be styled a commissioner for oaths outside of the province, and that person shall write or stamp below the persons signature on an affidavit, declaration, affirmation or certificate made before or given by the person the words "A Commissioner for Oaths outside of the province".

RSN1970 c51 s3; 1973 No48 s4; 1983 c76 s4; 2023 c4 s4

Back to Top

Barristers

(1) A barrister while entitled to practise in the province is a commissioner for oaths and may exercise, either within or outside of the province, the powers conferred by this Act and on an affidavit, declaration, affirmation or certificate made before the barrister or given by the barrister under those powers the barrister shall write or stamp below the barrister's signature the word "Barrister".

(2) For the purposes of subsection (1), the words "made before the barrister" include attendance through the use of audio-visual technology provided that the barrister complies with the requirements prescribed in the regulations.

RSN1970 c51 s4; 2023 c4 s5

Back to Top

Members of Assembly

A member of the House of Assembly is, while the member holds office and by virtue of the office, a commissioner for oaths and shall be so styled and may exercise within the province the powers conferred by this Act, and the member shall write or stamp below the members signature on an affidavit, declaration, affirmation or certificate made before or given by the member the words "A Commissioner for Oaths in and for Newfoundland and Labrador, being a M.H.A.".

RSN1970 c51 s5; 2001 cN-3.1 s2 ; 2023 c4 s6

Back to Top

Mayors

(1)The mayor or chairperson of a municipality is, by virtue of the office, a commissioner for oaths and shall be so styled and may exercise within the province the powers conferred by this Act, and shall write or stamp below the mayor's or chairperson's signature on an affidavit, declaration, affirmation or certificate made before or given by the mayor or chairperson the words "A Commissioner for Oaths in and for the province, being the Mayor (or Chairperson) of."

(2) For the purposes of this

section "municipality" means the City of St. John's, the City of Corner Brook, the City of Mount Pearl and a town, community, regional council or local service district committee established or continued under the Municipalities Act, 1999.

RSN1970 c51 s6; 1986 c33 s3; 1988 c35 s443; 2023 c4 s7

Back to Top

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 the Provincial Health Authority established under the Provincial Health Authority Act

and designated by the chief executive officer of the Provincial Health Authority, are commissioners for oaths and shall be so styled and may exercise within the province the powers conferred by this Act.

(2) A person described in subsection (1) shall write or stamp below the persons 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".

2007 c16 s1 ; 2013 c17 s2 ; 2022 cP-30.1 s45 ; 2023 c4 s8

Back to Top

Commissioners for special purposes

7.1

(1)The minister 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 may determine.

(2) The person appointed under subsection (1) shall be styled a commissioner for oaths and that person shall write or stamp below the persons 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".

2013 c17 s3 ; 2023 c4 s9

Back to Top

Duration of appointments

(1) An

appointment made under subsection 2(1) or subsection 3(1) expires at the end of 5 years from December 31 of the year in which it was made unless it is revoked at an earlier date.

(2) An appointment made under subsection 2(1) or subsection 3(1) may, on or before the date of its expiration, be renewed by the minister for a period of 5 years from the date of its expiration and a renewed appointment may in the same manner be further renewed.

RSN1970 c51 s8; 1983 c76 s4; 2023 c4 s10

Back to Top

Applications

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.

2013 c17 s4 ; 2023 c4 s11

Back to Top

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 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 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 prescribes.

(4) A certificate issued under subsection (1) purporting to be signed by the minister 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.

2013 c17 s5 ; 2023 c4 s12

Back to Top

Expiry of appointment

(1)A commissioner for oaths appointed under subsection 2(1) or subsection 3(1) shall write or stamp on an affidavit, declaration, affirmation or certificate made before or given by the commissioner the date on which the commissioners appointment expires.

(2) A commissioner for oaths who fails to comply with subsection (1) is guilty of an offence and liable on

summary conviction to a fine not exceeding $10 and costs.

RSN1970 c51 s11; 2023 c4 s13

Back to Top

Rep. by 1996 cR-10.1 s14

[Rep. by 1996 cR-10.1 s14]

1996 cR-10.1 s14

Back to Top

Revocation of appointment

(1)The minister may revoke an appointment made under subsection 2(1) or subsection 3(1) and shall require a person whose appointment is revoked to return to the minister the certificate issued under subsection 10(1).

(2) A person who refuses or fails to return a certificate when required to do so under subsection (1) is guilty of an offence and liable on

summary conviction to a fine not exceeding $100 and costs.

RSN1970 c51 s12; 1973 No48 s4; 1983 c76 s4; 2023 c4 s14

Back to Top

Minister may set fees

The minister may set fees that a commissioner for oaths may charge for exercising a power given to the commissioner by this Act.

2010 c5 2 ; 2023 c4 s15

Back to Top

Offence

(1)A person whose appointment as a commissioner for oaths has expired or whose appointment has been revoked who after the expiry or revocation uses or exercises a power conferred on a commissioner by this Act is guilty of an offence and liable on

summary conviction to a fine of not more than $500.

(2) A person who represents to be a commissioner for oaths without having been appointed as one is guilty of an offence and liable on

summary conviction to a fine of not more than $500.

2010 c5 2 ; 2023 c4 s16

Back to Top

Regulations

(1)The Lieutenant-Governor in Council may make regulations

(

a) prescribing

the requirements for attendance through the use of audio-visual technology;

(

b) defining

a word or expression used but not defined in this Act; and

(

c) generally

, to give effect to the purpose of this Act.

(2) The

Lieutenant-Governor in Council may in addition to or instead of regulations made under paragraph (1 )(

a) adopt by reference and constitute as regulations the whole or part of provisions of the Rules of the Law Society of Newfoundland and Labrador, with or without modification, and including any amendments to the Rules of the Law Society of Newfoundland and Labrador.

2023 c4 s17

Queen's Printer