Statutes of Newfoundland and Labrador 2013 Chapter 17

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 Subsection 2(1) of the Commissioners for Oaths Act is repealed and the following substituted: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

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. Subsection 7(1) of the Act is repealed and the following substituted:

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.

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".

4. Section 9 of the Act is repealed and the following substituted: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.

5. Section 10 of the Act is repealed and the following substituted:

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.