Acts and Regulations

2011, c.127 - Commissioners for Taking Affidavits Act

Full text
Current to 1 January 2024
2011, c.127
Commissioners for Taking Affidavits Act
Deposited May 13, 2011
0.1
INTERPRETATION AND ADMINISTRATION
2013, c.31, s.5
Definitions
2013, c.31, s.5
0.1The following definitions apply in this Act.
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act.(Commission)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf.(directeur)
“Minister” means the Minister of Finance and Treasury Board and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
2013, c.31, s.5; 2016, c.37, s.33; 2019, c.29, s.29
Administration
2013, c.31, s.5
0.2The Commission is responsible for the administration of this Act.
2013, c.31, s.5
1
IN NEW BRUNSWICK
Solicitors and officials
1(1)A person enrolled as a solicitor of The Court of King’s Bench of New Brunswick is, from the time of his or her enrolment, a commissioner for taking affidavits to be read in The Court of King’s Bench of New Brunswick, as long as that person continues to be so enrolled.
1(2)A person’s power as a commissioner under subsection (1) is not confined to any one or more counties but may be exercised generally throughout the Province.
1(3)A person who is a commissioner under the authority of subsection (1) shall write or stamp below his or her signature on every affidavit, declaration, affirmation or certificate made before or given by that person the words “Commissioner for taking affidavits to be read in The Court of King’s Bench of New Brunswick being a solicitor” or “Commissioner of Oaths being a solicitor”.
1(4)If a person is a commissioner for taking affidavits by virtue of the office that person holds under a statute of the Province, that person shall write or stamp below his or her signature on every affidavit, declaration, affirmation or certificate made before or given by that person the words “Commissioner for taking affidavits to be read in The Court of King’s Bench of New Brunswick being a (here describe the nature of the office)” or “Commissioner of Oaths being a (here describe the nature of the office)”.
R.S.1973, c.C-9, s.1; 1979, c.41, s.18; 2023, c.17, s.34
Appointment of commissioners
2(1)The Minister may appoint and empower as many persons resident in the Province as the Minister considers fit and necessary to be commissioners for taking affidavits to be read in The Court of King’s Bench of New Brunswick.
2(2)A commissioner appointed under subsection (1) shall have and enjoy all the powers, authority and jurisdiction previously vested in or exercisable by commissioners for taking affidavits appointed under Chapter 35 of The Consolidated Statutes, 1876, or appointed for this Province by virtue of the Act of Parliament made and passed in the twenty-ninth year of the reign of King Charles the Second, or under section 1.
2(3)A commissioner appointed under subsection (1) may do and certify any act, matter or thing that, by any law of the Province, a commissioner for taking affidavits to be read in The Court of King’s Bench of New Brunswick is authorized to do or certify.
R.S.1973, c.C-9, s.2; 1979, c.41, s.18; 1996, c.65, s.1; 2006, c.16, s.37; 2012, c.39, s.45; 2013, c.31, s.5; 2023, c.17, s.34
Requirements for appointments
3A person shall not be appointed under section 2
(a) unless the person
(i) is at least 19 years of age, and
(ii) is a Canadian citizen, or
(b) if the person has been convicted of an offence under the Criminal Code (Canada) or the criminal law of any jurisdiction outside Canada which is pertinent to the appointment.
1996, c.65, s.2
Expiry date of commissions
4(1)Unless sooner revoked, an appointment under section 2 expires at the expiration of five years from December 31 of the year in which the appointment is made.
4(2)On or before the date of its expiration, an appointment under section 2 may be renewed by the Minister for a period of five years, and, on or before the date of expiration of the period of renewal, a renewed appointment may be further renewed by the Minister for a period of five years and may be renewed after that every five years unless sooner revoked.
4(3)Subsection (1) applies with the necessary modifications to a renewed appointment.
4(4)Section 3 applies with the necessary modifications to the renewal of an appointment under subsection (2).
R.S.1973, c.C-9, s.3; 1996, c.65, s.3; 2006, c.16, s.37; 2012, c.39, s.45; 2013, c.31, s.5
Revocation of commissions
2013, c.31, s.5
4.1(1)The Director may review the activities of a commissioner of oaths to determine his or her continued suitability to be a commissioner.
4.1(2)If the Director determines that a commissioner of oaths is no longer suitable to be a commissioner, the Director shall make a recommendation to the Minister, who may revoke the commissioner’s appointment under section 2.
4.1(3)If the Minister revokes an appointment under section 2, the Minister shall notify the former commissioner of oaths in writing.
4.1(4)This section applies with the necessary modifications to a renewed appointment.
2013, c.31, s.5
Application for commissions
5(1)An application for an appointment under section 2 or for the renewal of an appointment under section 4 shall be made to the Director.
5(1.1)On receiving an application under subsection (1), the Director shall review the suitability and qualifications of the applicant to be a commissioner of oaths and may recommend that the Minister appoint the applicant as a commissioner of oaths.
5(1.2)If the Minister does not appoint an applicant as a commissioner of oaths, he or she shall provide written reasons for the decision to the applicant.
5(2)The Lieutenant-Governor in Council may prescribe the fees payable for the appointment and for the renewal of the appointment.
5(3)The Lieutenant-Governor in Council may make regulations
(a) requiring an applicant for an appointment as a commissioner for taking affidavits to take an examination;
(b) generally respecting examinations;
(c) prescribing the fee payable in relation to examinations.
5(4)All fees shall be payable to the Commission.
5(5)There is no fee payable for the appointment as a commissioner of oaths or for the renewal of an appointment as a commissioner of oaths of the following persons, if the appointment or the renewal of the appointment is made on the recommendation of a deputy head:
(a) an employee as defined in the Civil Service Act; and
(b) a person appointed to the Civil Service under section 17 or 18 of the Civil Service Act.
R.S.1973, c.C-9, s.4; 1985, c.8, s.1; 2006, c.16, s.37; 2012, c.39, s.45; 2013, c.31, s.5; 2016, c.19, s.1
Certificates of appointment
6(1)When the Minister makes an appointment under section 2 or renews an appointment under subsection 4(2), the Director shall issue a certificate of appointment.
6(2)The signature of the Minister on a certificate of appointment may be printed, stamped or otherwise mechanically reproduced on the certificate.
1996, c.65, s.4; 2006, c.16, s.37; 2012, c.39, s.45; 2013, c.31, s.5
Date appointment expires required on affidavits
7A commissioner of oaths appointed under section 2 or whose appointment has been renewed under section 4 shall write or stamp on every affidavit, declaration, affirmation or certificate made before or given by the commissioner the date on which his or her appointment expires.
R.S.1973, c.C-9, s.5; 1990, c.61, s.23
Style of commissioner
8A commissioner appointed under this Part may be styled either “Commissioner for taking affidavits to be read in The Court of King’s Bench of New Brunswick” or “Commissioner of Oaths”.
R.S.1973, c.C-9, s.6; 1979, c.41, s.18; 2023, c.17, s.34
Application of sections 4, 4.1, 5 and 7
2013, c.31, s.5
9Sections 4, 4.1, 5 and 7 apply to all commissioners of oaths appointed under section 2 despite that the appointment was made before the coming into force of those sections.
R.S.1973, c.C-9, s.7; 2013, c.31, s.5
Officers in Canadian Forces
10A commissioned officer serving on active service in the Canadian Forces and holding the rank of Major or a higher rank is empowered to administer oaths and to take and receive affidavits, statutory declarations and affirmations within the Province for use within the Province.
1979, c.8, s.1
Commissioners for taking bail
11(1)The Minister may appoint as many persons as the Minister considers fit to be commissioners for taking bail in The Court of King’s Bench of New Brunswick in the counties for which they may be appointed.
11(2)A commissioner appointed under subsection (1) shall have the same powers and perform the same duties as commissioners for taking bail in The Court of King’s Bench of New Brunswick can or may perform or do under any law, custom or practice of the Court which previously existed.
R.S.1973, c.C-9, s.8; 1979, c.41, s.18; 1996, c.65, s.5; 2006, c.16, s.37; 2012, c.39, s.45; 2013, c.31, s.5; 2023, c.17, s.34
2
FOREIGN AFFIDAVITS
Commissioners for taking foreign affidavits
12(1)The Minister may empower as many persons as the Minister considers fit and necessary to administer oaths and take and receive affidavits, statutory declarations and affirmations in the United Kingdom of Great Britain and Northern Ireland, or in any colony or dependency of the United Kingdom of Great Britain and Northern Ireland, or in any foreign state or country, or in any province of Canada, in or concerning any cause, matter or thing depending in, or in any way concerning any proceeding had or to be had in The Court of King’s Bench of New Brunswick, or in The Probate Court of New Brunswick, or inferior court, or in any other court whether of record or not of record in this Province.
12(2)Unless sooner revoked, an appointment made under subsection (1) or renewed under subsection (3) expires at the expiration of five years from December 31 of the year in which the appointment was made or renewed.
12(3)On or before the date of its expiration, an appointment under subsection (1) may be renewed by the Minister for a period of five years, and, after that, a renewed appointment may be renewed by the Minister every five years unless sooner revoked.
12(4)When the Minister makes an appointment under subsection (1) or renews an appointment under subsection (3), the Director shall issue a certificate of appointment.
12(5)The signature of the Minister on a certificate of appointment may be printed, stamped or otherwise mechanically reproduced on the certificate.
12(6)A commissioner appointed under subsection (1) or whose appointment has been renewed under subsection (3) shall write or stamp on every affidavit, declaration, affirmation or certificate made before or given by the commissioner the date on which his or her appointment expires.
12(7)Subsections (2), (3) and (6) apply to all appointments made under subsection (1) and any predecessor of that subsection despite that the appointment was made before the coming into force of those subsections.
R.S.1973, c.C-9, s.9; 1975, c.15, s.1; 1979, c.41, s.18; 1982, c.14, s.1; 1987, c.6, s.8; 1996, c.65, s.6; 2006, c.16, s.37; 2012, c.39, s.45; 2013, c.31, s.5; 2023, c.17, s.34
Application of section 4.1
2013, c.31, s.5
12.1Section 4.1 applies with the necessary modifications to an appointment made or renewed under section 12.
2013, c.31, s.5
Style of commissioner for taking foreign affidavits
13A commissioner appointed under this Part shall be styled “A Commissioner for taking affidavits in and for the Courts of New Brunswick.”
R.S.1973, c.C-9, s.10
Affidavits under Registry Act
14In addition to the commissioners referred to in section 12, the officials and persons authorized by the Registry Act to take the proof or acknowledgement of the execution of any conveyance out of the Province may take and administer oaths and receive affidavits, statutory declarations and affirmations in or concerning any cause, matter or thing depending in or concerning any proceeding in any of the courts referred to in section 12, in the several places where they are authorized to take that proof or acknowledgement.
R.S.1973, c.C-9, s.11
Affidavits sworn before members of Canadian Forces
15A commissioned officer serving on active service in the Canadian Forces and holding the rank of Major or a higher rank is empowered to administer oaths and to take and receive affidavits, statutory declarations and affirmations outside the Province for use in the Province.
R.S.1973, c.C-9, s.12
Validity of oaths
16All oaths, affidavits, statutory declarations and affirmations administered, sworn, made, affirmed, taken or received under the authority of this Act, shall be as good, valid and effectual, and shall be of like force and effect to all intents and purposes as if they had been administered, sworn, made, affirmed, taken or received within the Province, and by or before a person or official competent and duly authorized for that purpose within the Province.
R.S.1973, c.C-9, s.13
Irregularities in foreign affidavits
17No informality in the entitling or heading, or other formal requisites of an affidavit, declaration or affirmation sworn to, taken or made out of the Province under the authority of this Act, shall be an objection to its reception in evidence, if the court or judge before whom it is tendered thinks proper to receive it.
R.S.1973, c.C-9, s.14
Application of Act to foreign commissions
18Nothing in this Act shall be construed as affecting proceedings under commissions issued out of any court for the examination of witnesses out of the Province, or as in any way altering the practice under those commissions.
R.S.1973, c.C-9, s.15
Evidence
19A document that purports to have affixed, impressed or subscribed on it or to it the signature of a person authorized by this Act to administer an oath, together with that person’s seal, if any, or with the seal or stamp of that person’s office, or the office to which that person is attached, in testimony of an oath, affidavit, affirmation or declaration being administered, or taken before that person, shall be admitted in evidence, without proof of the seal or stamp or of that person’s signature or official character.
R.S.1973, c.C-9, s.16
Affidavits sworn between January 1 and June 30, 1967
20If a commissioner of oaths did not renew his or her appointment as required by section 4, but took affidavits between January 1 and June 30, 1967, those affidavits are not improperly sworn by reason only of his or her appointment not being renewed.
R.S.1973, c.C-9, s.17
Affidavits sworn on or after June 13, 1975, and before January 1, 1983
21If a commissioner to whose appointment subsections 12(2) and (3) apply did not renew his or her appointment, but took affidavits on or after June 13, 1975 and before January 1, 1983, those affidavits are not improperly sworn by reason only of his or her appointment not being renewed.
1982, c.14, s.2
Provisions of other Acts
22The provisions of this Act are in addition to and do not derogate from the provisions of any other Act.
R.S.1973, c.C-9, s.18
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 16, 2023.