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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

CHAPTER C-25

AN ACT RESPECTING COMMISSIONERS
TO ADMINISTER OATHS

Analysis



Short title

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

RSN1970 c51 s1

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Appointments in province

        2. (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)  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 his or her 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

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Appointments outside province

        3. (1) The Minister of Justice 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 his or her 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

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Barristers

        4. 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 or given by him or her under those powers the barrister shall write or stamp below his or her signature the word "Barrister".

RSN1970 c51 s4

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Members of Assembly

        5. A member of the House of Assembly is, while he or she 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 his or her signature on an affidavit, declaration, affirmation or certificate made before or given by him or her 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

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Mayors

        6. (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 his or her signature on an affidavit, declaration, affirmation or certificate made before or given by him or her 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.

RSN1970 c51 s6; 1986 c33 s3; 1988 c35 s443

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Other commissioners

        7. (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.

             (2)  A person described in subsection (1) 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 ".

2007 c16 s1; 2013 c17 s2

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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".

2013 c17 s3

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Duration of appointments

        8. (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 of Justice 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

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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.

2013 c17 s4

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Evidence of appointment

      10. (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.

2013 c17 s5

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Expiry of appointment

      11. (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 his or her 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

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Rep. by 1996 cR-10.1 s14

      12. [Rep. by 1996 cR-10.1 s14]

1996 cR-10.1 s14

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Revocation of appointment

      13. (1) The Minister of Justice 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 of Justice 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

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Minister may set fees

      14. The minister may set fees that a commissioner for oaths may charge for exercising a power given to him or her by this Act.

2010 c5 2

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Offence

      15. (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 holds himself or herself out as 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