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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER C-25

AN ACT RESPECTING COMMISSIONERS TO ADMINISTER OATHS

Analysis

1. Short title

2. Appointments in province

3. Appointments outside province

4. Barristers

5. Members of Assembly

6. Mayors

7. Social workers, etc.

8. Duration of appointments

9. Applications

10. Evidence of appointment

11. Expiry of appointment

12. Regulations re fees

13. Revocation of appointment


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 a Canadian citizen 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".

RSN1970 c51 s2; 1973 No48 s4; 1983 c76 s4;
1985 c11 s5

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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, being a M.H.A.".

RSN1970 c51 s5

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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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Social workers, etc.

7. (1) While they hold office and by virtue of their office, all regional directors, district managers, social workers and financial assistance officers appointed in the manner authorized by law and employed by the Department of Social Services 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, being a regional director, district manager, social worker or financial assistance officer employed by the Department of Social Services.".

1990 c27 s30

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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) or subsection 3(1) or for renewal under subsection 8(2) shall be made to the Minister of Justice.

RSN1970 c51 s9; 1973 No48 s4

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Evidence of appointment

10. (1) An appointment made under subsection 2(1) or subsection 3(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 under subsection (1) 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 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.

RSN1970 c51 s10; 1973 No48 s4

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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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Regulations re fees

12. The Lieutenant-Governor in Council may make regulations prescribing fees that the Minister of Justice may charge for an appointment or a renewal of an appointment of a commissioner for oaths under sections 2 and 3.

1990 c19 s1

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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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