Commissioner for Taking Affidavits:

A Commissioner for Taking Affidavits (or Commissioner of Oaths) is an individual authorized to administer oaths and take affidavits or declarations for legal purposes. They are commonly appointed by provincial or territorial governments in Canada, and their role is to verify that the person making the affidavit or declaration is swearing that the information provided is true to the best of their knowledge.

Key Points about a Commissioner for Taking Affidavits:

1. What They Do:
   • They administer oaths or affirmations for documents such as affidavits or statutory declarations.
   • They witness signatures on documents and confirm that the person signing the document has affirmed the truth of its contents.
2. Types of Documents They Handle:
   • Affidavits: Sworn written statements of fact.
   • Statutory Declarations: Similar to affidavits but generally used outside of court settings.
   • Oaths of office: When a person takes on a position that requires them to swear an oath.
3. Difference Between a Commissioner and a Notary Public:
   • A Commissioner for Taking Affidavits can only administer oaths and take affidavits or declarations. They do not have the authority to certify or authenticate documents for use outside their jurisdiction.
   • A Notary Public, in addition to taking affidavits, has broader powers, including certifying copies of documents, witnessing signatures for international purposes, and authenticating documents.
4. Who Can Be a Commissioner for Taking Affidavits?
   • Many professionals can apply to become commissioners, such as lawyers, paralegals, certain government officials, and, in some provinces, members of the general public who are approved by the government.
   • In some cases, individuals in specific roles (e.g., police officers, court clerks) are automatically considered commissioners by virtue of their position.

Process of Administering an Affidavit or Statutory Declaration:

1. The Individual Appears Before the Commissioner: The person swearing the affidavit must appear before the commissioner in person.
2. Document Review: The commissioner ensures the document is complete and ready to be sworn or affirmed.
3. Oath or Affirmation: The person making the affidavit swears an oath (or affirms, if they do not want to swear an oath for religious reasons) that the information is true.
4. Signing: The person signs the affidavit in front of the commissioner.
5. Certification: The commissioner signs and stamps the document to confirm that they administered the oath and witnessed the signature.

Provinces/Territories That Govern Commissioners for Taking Affidavits:

• Ontario: Governed under the Commissioners for Taking Affidavits Act. The application process is through the Ministry of the Attorney General.
• Alberta: Governed under the Commissioners for Oaths Act. Applications are managed by Service Alberta.
• British Columbia: Governed under the Evidence Act, with the Ministry of Attorney General overseeing appointments.
• Manitoba: Governed under the The Manitoba Evidence Act.
• Saskatchewan: Governed under the The Commissioners for Oaths Act.

Each province or territory may have specific forms and fees for appointment.