Acts and Regulations

C-9 - Commissioners for Taking Affidavits Act

Full text
Repealed on 1 September 2011
CHAPTER C-9
Commissioners for
Taking Affidavits Act
Repealed: R.S.N.B. 2011, Schedule A
I
IN NEW BRUNSWICK
Solicitors of Supreme Court
1(1)Every person enrolled as a solicitor of The Court of Queen’s Bench of New Brunswick is, from the time of such enrolment, a commissioner for taking affidavits to be read in The Court of Queen’s Bench of New Brunswick, as long as he continues to be so enrolled; and his power as such commissioner is not confined to any one or more counties, but may be exercised generally throughout the Province, and every such person shall write or stamp below his signature on every affidavit, declaration, affirmation or certificate made before or given by him the words, “Commissioner for taking affidavits to be read in The Court of Queen’s Bench of New Brunswick being a solicitor”, or “Commissioner of Oaths being a solicitor”.
1(2)Where a person is a commissioner for taking affidavits by virtue of the office he holds under a Statute of the Province of New Brunswick, he shall write or stamp below his signature on every affidavit, declaration, affirmation or certificate made before or given by him the words, “Commissioner for taking affidavits to be read in The Court of Queen’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., c.32, s.2; 1965, c.11, s.1; 1966, c.39, s.1; 1979, c.41, s.18
Appointment of commissioners
2The Minister of Justice and Consumer Affairs may appoint and empower such and so many persons resident in the Province as he may think fit and necessary to be, each of them, a commissioner for taking affidavits to be read in The Court of Queen’s Bench of New Brunswick, and every commissioner so appointed shall have and enjoy all the powers, authority and jurisdiction heretofore 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, and 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 Queen’s Bench of New Brunswick, is authorized to do or certify.
R.S., c.32, s.3; 1979, c.41, s.18; 1996, c.65, s.1; 2006, c.16, s.37
Requirements for appointments
2.1A person shall not be appointed under section 2
(a) unless the person
(i) is at least nineteen years of age, and
(ii) is a Canadian citizen, or
(b) if the person has been convicted of an offence, pertinent to the appointment, under the Criminal Code (Canada) or the criminal law of any jurisdiction outside Canada.
1996, c.65, s.2
Expiry date of commissions
3(1)Every appointment made under section 2 shall, unless sooner revoked, expire at the expiration of five years from the thirty-first day of December of the year in which the appointment is made.
3(2)An appointment made under section 2 may, on or before the date of its expiration, be renewed by the Minister of Justice and Consumer Affairs for a period of five years, and a renewed appointment may, on or before the date of expiration of the period of renewal, be further renewed by the Minister of Justice and Consumer Affairs for a period of five years and thereafter to be renewed every five years unless sooner revoked.
3(3)The provisions of subsection (1) apply mutatis mutandis to a renewed appointment.
3(4)Section 2.1 applies with the necessary modifications to the renewal of an appointment under subsection (2).
1965, c.11, s.2; 1966, c.39, s.2; 1996, c.65, s.3; 2006, c.16, s.37
Application for commissions
4(1)Application for appointment under section 2 or for renewal of appointment under section 3 shall be made to the Minister of Justice and Consumer Affairs.
4(2)The Lieutenant-Governor in Council may prescribe the fees payable for the appointment and for renewals thereof.
4(2.1)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; and
(c) prescribing the fee payable in relation to examinations.
4(3)All fees payable shall be deposited to the Consolidated Fund.
1965, c.11, s.2; 1966, c.39, s.2; 1985, c.8, s.1; 2006, c.16, s.37
Certificates of appointment
4.1(1)Where the Minister of Justice and Consumer Affairs makes an appointment under section 2 or renews an appointment under subsection 3(2), the Minister shall issue a certificate of appointment.
4.1(2)The signature of the Minister of Justice and Consumer Affairs 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
Words required below commissioner’s signature
5(1)Every commissioner of oaths appointed under section 2 or whose appointment has been renewed under section 3 shall write or stamp on every affidavit, declaration, affirmation or certificate made before or given by him the date on which his appointment expires.
5(2)Repealed: 1990, c.61, s.23
1965, c.11, s.2; 1966, c.39, s.2; 1990, c.61, s.23
Style of commissioner
6Every commissioner appointed under this Part may be styled either “Commissioner for taking affidavits to be read in The Court of Queen’s Bench of New Brunswick” or “Commissioner of Oaths”.
R.S., c.32, s.4; 1954, c.27, s.1; 1979, c.41, s.18
Application of sections 3, 4 and 5
7Sections 3, 4 and 5 apply to all commissioners of oaths appointed under section 2 notwithstanding such appointment was made prior to the coming into force of those sections.
R.S., c.32, s.5; 1966, c.39, s.3
Officers in armed forces
7.1Every commissioned officer serving on active service in the Canadian Forces and holding the rank of Major or 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
8The Minister of Justice and Consumer Affairs may appoint such and so many persons as he may see fit, to be commissioners for taking bail in The Court of Queen’s Bench of New Brunswick in the several counties for which they may be appointed, and every commissioner so appointed shall be clothed with the same powers, and perform the same duties as commissioners for taking bail in The Court of Queen’s Bench of New Brunswick can or may perform or do under any law, or custom, or practice of the Court heretofore existing.
R.S., c.32, s.6; 1979, c.41, s.18; 1996, c.65, s.5; 2006, c.16, s.37
II
FOREIGN AFFIDAVITS
Commissioners for taking foreign affidavits
9(1)The Minister of Justice and Consumer Affairs may empower such and so many persons as he may think 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 thereof, 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 wise concerning any proceeding had or to be had in The Court of Queen’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.
9(2)Every appointment made under subsection (1) or renewed under subsection (3), unless sooner revoked, expires at the expiration of five years from the thirty-first day of December of the year in which the appointment was made or renewed.
9(3)An appointment made under subsection (1) may, on or before the date of its expiration, be renewed by the Minister of Justice and Consumer Affairs for a period of five years, and a renewed appointment may thereafter be renewed by the Minister of Justice and Consumer Affairs every five years unless sooner revoked.
9(3.1)Where the Minister of Justice and Consumer Affairs makes an appointment under subsection (1) or renews an appointment under subsection (3), the Minister shall issue a certificate of appointment.
9(3.2)The signature of the Minister of Justice and Consumer Affairs on a certificate of appointment may be printed, stamped or otherwise mechanically reproduced on the certificate.
9(4)Every 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 him the date on which his appointment expires.
9(5)Subsections (2), (3) and (4) apply to all appointments made under subsection (1) and any predecessor of that subsection notwithstanding that the appointment was made before the coming into force of subsections (2), (3) and (4).
R.S., c.32, s.7; 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
Style of commissioner for taking foreign affidavits
10Every such commissioner shall be styled “A Commissioner for taking affidavits in and for the Courts of New Brunswick.”
R.S., c.32, s.8
Affidavits pursuant to Registry Act
11In addition to the commissioners mentioned in section 9, the several officials and persons authorized by the Registry Act to take the proof or acknowledgment 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 mentioned in section 9, in the several places where they are authorized to take such proof or acknowledgment.
R.S., c.32, s.9; 1956, c.23, s.1
Affidavits sworn before members of Armed Forces
12Every commissioned officer serving on active service in the Canadian Forces and holding the rank of Major or higher rank is empowered to administer oaths and to take and receive affidavits, statutory declarations and affirmations outside the Province for use therein.
R.S., c.32, s.11
Validity of oaths
13All 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 the same 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 such purpose within the Province.
R.S., c.32, s.13
Irregularities in foreign affidavits
14No informality in the entitling or heading, or other formal requisites of any affidavit, declaration or affirmation sworn to, taken or made out of the Province under the authority of this Act, shall be any objection to its reception in evidence, if the court or judge before whom it is tendered thinks proper to receive it.
R.S., c.32, s.14
Application of Act to foreign commissions
15Nothing herein 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 thereunder.
R.S., c.32, s.15
Evidence
16Any document that purports to have affixed, impressed, or subscribed thereon or thereto, the signature of any person authorized by this Act to administer an oath, together with his seal, if any, or with the seal or stamp of his office, or the office to which he is attached, in testimony of any oath, affidavit, affirmation or declaration being administered, or taken before him, shall be admitted in evidence, without proof of the seal or stamp or of his signature or of his official character.
R.S., c.32, s.16
Affidavits sworn before January 1 and June 30, 1967
17Where a commissioner of oaths
(a) did not renew his appointment as required by section 3 but
(b) took affidavits between January 1 and June 30, 1967,
those affidavits are not deemed to be improperly sworn by reason only of his appointment not being renewed.
1967, c.30, s.1
Affidavits sworn from June 13, 1975 to December 31, 1982
17.1Where a commissioner to whose appointment subsections 9(2) and (3) apply
(a) did not renew his appointment, but
(b) took affidavits on or after June 13, 1975, and before January 1, 1983,
those affidavits are not improperly sworn by reason only of his appointment not being renewed.
1982, c.14, s.2
Application of Act
18The provisions of this Act are in addition to and do not derogate from the provisions of any other Act.
R.S., c.32, s.17
N.B. This Act is consolidated to September 1, 2011.