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)”.

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.

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).

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.

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

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:

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.

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.

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.