Acts and Regulations

E-11 - Evidence Act

Section 78
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Full text
Oaths, affidavits, affirmations and statutory declarations
78(1)An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made outside New Brunswick before,
(a) a judge,
(b) a magistrate,
(c) an officer of a court of justice,
(d) a commissioner for taking affidavits or other competent authority of the like nature,
(e) a notary public,
(f) the head of a city, town, village, township or other municipality,
(g) an officer of any of His Majesty’s diplomatic or consular services, including an ambassador, envoy, minister, charge d’affaires, counsellor, secretary, attache, consul-general, consul, vice-consul, pro-consul, consular agent, acting consul-general, acting consul, acting vice-consul and acting consular agent,
(h) an officer of the Canadian diplomatic, consular or representative services, including, in addition to the diplomatic and consular officers mentioned in paragraph (g), a high commissioner, permanent delegate, acting high commissioner, acting permanent delegate, counsellor and secretary, or
(i) a Canadian Government Trade Commissioner or an Assistant Canadian Government Trade Commissioner,
exercising his functions or having jurisdiction or authority as such in the place in which it is administered, sworn, affirmed or made, is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within New Brunswick before a commissioner for taking affidavits within New Brunswick.
78(2)An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made outside New Brunswick before a notary public for New Brunswick or before a commissioner for taking affidavits within New Brunswick is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within New Brunswick before a commissioner for taking affidavits within New Brunswick.
78(3)A document that purports to be signed by a person mentioned in subsection (1) or (2) in testimony of an oath, affidavit, affirmation or statutory declaration having been administered, sworn, affirmed or made before him, and on which his office is shown below his signature, and
(a) in the case of a notary public, that purports to have impressed thereon or attached thereto his official seal,
(b) in the case of a person mentioned in paragraph (1)(f), that purports to have impressed thereon or attached thereto the seal of the municipality,
(c) in the case of a person mentioned in paragraph (1)(g), (h) or (i), that purports to have impressed thereon or attached thereto his seal or the seal or stamp of his office or of the office to which he is attached,
is admissible in evidence without proof of his signature or of his office or official character or of the seal or stamp and without proof that he was exercising his functions or had jurisdiction or authority in the place in which the oath, affidavit, affirmation or statutory declaration was administered, sworn, affirmed or made.
1958, c.34, s.2; 2023, c.17, s.78
Oaths, affidavits, affirmations and statutory declarations
78(1)An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made outside New Brunswick before,
(a) a judge,
(b) a magistrate,
(c) an officer of a court of justice,
(d) a commissioner for taking affidavits or other competent authority of the like nature,
(e) a notary public,
(f) the head of a city, town, village, township or other municipality,
(g) an officer of any of Her Majesty’s diplomatic or consular services, including an ambassador, envoy, minister, charge d’affaires, counsellor, secretary, attache, consul-general, consul, vice-consul, pro-consul, consular agent, acting consul-general, acting consul, acting vice-consul and acting consular agent,
(h) an officer of the Canadian diplomatic, consular or representative services, including, in addition to the diplomatic and consular officers mentioned in paragraph (g), a high commissioner, permanent delegate, acting high commissioner, acting permanent delegate, counsellor and secretary, or
(i) a Canadian Government Trade Commissioner or an Assistant Canadian Government Trade Commissioner,
exercising his functions or having jurisdiction or authority as such in the place in which it is administered, sworn, affirmed or made, is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within New Brunswick before a commissioner for taking affidavits within New Brunswick.
78(2)An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made outside New Brunswick before a notary public for New Brunswick or before a commissioner for taking affidavits within New Brunswick is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within New Brunswick before a commissioner for taking affidavits within New Brunswick.
78(3)A document that purports to be signed by a person mentioned in subsection (1) or (2) in testimony of an oath, affidavit, affirmation or statutory declaration having been administered, sworn, affirmed or made before him, and on which his office is shown below his signature, and
(a) in the case of a notary public, that purports to have impressed thereon or attached thereto his official seal,
(b) in the case of a person mentioned in paragraph (1)(f), that purports to have impressed thereon or attached thereto the seal of the municipality,
(c) in the case of a person mentioned in paragraph (1)(g), (h) or (i), that purports to have impressed thereon or attached thereto his seal or the seal or stamp of his office or of the office to which he is attached,
is admissible in evidence without proof of his signature or of his office or official character or of the seal or stamp and without proof that he was exercising his functions or had jurisdiction or authority in the place in which the oath, affidavit, affirmation or statutory declaration was administered, sworn, affirmed or made.
1958, c.34, s.2
Oaths, affidavits, affirmations and statutory declarations
78(1)An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made outside New Brunswick before,
(a) a judge,
(b) a magistrate,
(c) an officer of a court of justice,
(d) a commissioner for taking affidavits or other competent authority of the like nature,
(e) a notary public,
(f) the head of a city, town, village, township or other municipality,
(g) an officer of any of Her Majesty’s diplomatic or consular services, including an ambassador, envoy, minister, charge d’affaires, counsellor, secretary, attache, consul-general, consul, vice-consul, pro-consul, consular agent, acting consul-general, acting consul, acting vice-consul and acting consular agent,
(h) an officer of the Canadian diplomatic, consular or representative services, including, in addition to the diplomatic and consular officers mentioned in paragraph (g), a high commissioner, permanent delegate, acting high commissioner, acting permanent delegate, counsellor and secretary, or
(i) a Canadian Government Trade Commissioner or an Assistant Canadian Government Trade Commissioner,
exercising his functions or having jurisdiction or authority as such in the place in which it is administered, sworn, affirmed or made, is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within New Brunswick before a commissioner for taking affidavits within New Brunswick.
78(2)An oath, affidavit, affirmation or statutory declaration administered, sworn, affirmed or made outside New Brunswick before a notary public for New Brunswick or before a commissioner for taking affidavits within New Brunswick is as valid and effectual to all intents and purposes as if it had been duly administered, sworn, affirmed or made within New Brunswick before a commissioner for taking affidavits within New Brunswick.
78(3)A document that purports to be signed by a person mentioned in subsection (1) or (2) in testimony of an oath, affidavit, affirmation or statutory declaration having been administered, sworn, affirmed or made before him, and on which his office is shown below his signature, and
(a) in the case of a notary public, that purports to have impressed thereon or attached thereto his official seal,
(b) in the case of a person mentioned in paragraph (1)(f), that purports to have impressed thereon or attached thereto the seal of the municipality,
(c) in the case of a person mentioned in paragraph (1)(g), (h) or (i), that purports to have impressed thereon or attached thereto his seal or the seal or stamp of his office or of the office to which he is attached,
is admissible in evidence without proof of his signature or of his office or official character or of the seal or stamp and without proof that he was exercising his functions or had jurisdiction or authority in the place in which the oath, affidavit, affirmation or statutory declaration was administered, sworn, affirmed or made.
1958, c.34, s.2