COMMISSIONER OF OATHS

commissionaire of oaths

Role

Some sections of legislation require a person to be sworn in before testifying or signing a document to lend credibility. For example, a person swearing to deceive or lie is liable to be charged with perjury under the appropriate criminal code. In Quebec, the Commissioners of Oaths get appointed by the Minister of Justice for a period of three years, which is renewable. The role of such Commissioners is to administer oaths in cases where the same is required by law.

What do you mean by a Solemn Declaration or an Oath?

  • An oath is taken when a person swears by the contents of a document and stating them to be true and accurate.
  • A solemn declaration is made when a person declares the contents of a document to be true and accurate.
  • Commissioners of oaths are persons who are empowered under provincial or state legislation to administer and witness the swearing of oaths or solemn affirmations in the taking of an affidavit for any potential legal matter. They may also administer the oath for the taking of oral testimony.
  • The commissioning of an oath does not involve giving any legal advice.

Power and Restrictions

The Commissioners of Oaths can do the following:

  • Administer oaths in Quebec (and outside, Only if authorized by the Minister of Justice Quebec) for cases or procedures meant only for Quebec and also for the rest of Canada.

The Commissioners of Oath cannot do the following:

Administer oaths to the immediate members of their family (mother, father, sisters, brothers, spouse, or children).
They can administer oaths in cases permitted by Quebec and all other provincial jurisdictions as well as Federal law.

Responsibilities

The person providing Commissioner of Oaths services is responsible for administering an oath to people in cases where that is mandated by law. He or she does not need to verify the content of the document, which is only for the person to know who has been sworn.

The Commissioner of Oaths may refuse to administer the oath for the below-mentioned reasons:

  • The document does not adhere to the required norms.
  • The document is filled with glaring errors or crude assertions
  • The person to be sworn is not of sound of mind.

What do you need to do?

  • Bring a valid government-issued photo ID (driver’s license, passport, etc) to verify your identity.
  • Sign the documents AFTER the verification of your identity. Hence, do not sign any document or form.
  • Fill all the documents before meeting the Commissioner of Oaths without putting the dates and signatures.
  • You must be present before the Commissioner of Oaths before signing the documents so it can be certified.
  • Bring all the original documents and a copy to the appointment. If you can’t we can do the copies for you.

Commissioner of Oaths Services during COVID-19

If you want to book an appointment (remotely) with the commissioner of oaths during the challenging times of the pandemic, please send an email to justice@getyourpardon.ca with the electronic copies of the documents and a valid photo ID issued by a Provincial or Federal government (passport, driver’s license, etc) to verify your identity. To get the remote commissioner of oaths service, you must use a video conferencing platform like Google Meet or Zoom, on your smartphone, tablet, or computer. We can guide you threw the process.

To know more about our pricing, contact us at justice@getyourpardon.ca.