RSNL1990 CHAPTER C-25 - COMMISSIONERS FOR OATHS ACT

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 1. Short title 1.1 Definitions 2. Appointments in province 3. Appointments outside province 4. Barristers 5. Members of Assembly 6. Mayors 7. Other commissioners 7.1 Commissioners for special purposes 8. Duration of appointments 9. Applications 10. Evidence of appointment 11. Expiry of appointment 12. Rep. by 1996 cR-10.1 s14 13. Revocation of appointment 14. Minister may set fees 15. Offence 16. Regulations Short title 1. 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 2. (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 person’s 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 3. (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 person’s 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 4. (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 5. 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 member’s 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 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 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 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 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 person’s 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 person’s 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 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 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 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. 2013 c17 s4 ; 2023 c4 s11 Back to Top 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 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 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 the commissioner’s 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 12. [Rep. by 1996 cR-10.1 s14] 1996 cR-10.1 s14 Back to Top Revocation of appointment 13. (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 14. 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 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 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 16. (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