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RSNL1990 CHAPTER O-2

OATHS OF OFFICE ACT

Amended:

CHAPTER O-2

AN ACT RESPECTING OATHS OF OFFICE

Analysis



Short title

        1. This Act may be cited as the Oaths of Office Act.

RSN1970 c278 s1

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Oath of Allegiance

        2. The Oath of Allegiance shall be in the following form:

                      "I, ______________, swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second Her Heirs and Successors, according to law, so help me God.".

RSN1970 c278 s2

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Oath of Office

        3. The Oath of Office shall be in the following form:

                      "I, ______________, swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, in the office of ___________; so help me God.".

RSN1970 c278 s3

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Judicial Oath

        4. The Judicial Oath shall be in the following form:

                      "I, ______________, swear that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of ______________, and will do right to all manner of people, after the laws and usages of this province, without fear or favour, affection or ill-will; so help me God.".

RSN1970 c278 s4

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Oath of Allegiance

        5. The Oath of Allegiance shall be taken by all persons who are by law required to take the Oath of Allegiance.

RSN1970 c278 s5

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Judicial Oath and Oath of Allegiance

        6. The Judicial Oath and Oath of Allegiance shall be taken by the Chief Justice of the province, the Chief Justice of the Trial Division and the Justices of the Court of Appeal and the Trial Division, and by Provincial Court judges, justices of the peace, or other persons appointed to a judicial office, as soon as possible after acceptance of office.

RSN1970 c278 s6; 1979 c38 s7; 1986 c42 Sch B

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Oath of Office

        7. The Oath of Office shall be taken by persons who are required by law to take an oath of office, but this section does not extend to persons holding offices for which special oaths have been appointed under Acts of the Legislature.

RSN1970 c278 s7

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Affirmation

        8. Where an oath is required to be taken under this Act, a person may, instead of taking the oath, make a solemn affirmation or declaration in the form of the oath substituting the words "solemnly affirm", for the word "swear", and omitting the words "so held me God".

RSN1970 c278 s8

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Failure to take oath

        9. (1) Where a person who is required by law to take an oath or make an affirmation on assuming an office neglects or declines to do so, that person is disqualified from taking up the office.

             (2)  Where a person, who is required by law to take an oath or make an affirmation on assuming an office, takes up the office but neglects or declines to take the oath or make the affirmation, that person shall immediately vacate the office.

             (3)  A person shall not be compelled in respect of the same appointment to the same office to take an oath or make an affirmation more than once.

RSN1970 c278 s9

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Name of British Sovereign

     10. Where, in an oath or affirmation under this Act, the name of Her present Majesty is expressed, the name of the British Sovereign for the time being shall be substituted.

RSN1970 c278 s10