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Commissioners for taking Affidavits Act

R.S.O. 1990, CHAPTER C.17

Consolidation Period: From December 31, 2012 to the e-Laws currency date.

Last amendment: 2006, c. 35, Sched. C, s. 17.

Commissioners by virtue of office

1.  Persons who hold an office or an office of a class that is prescribed by the regulations made under this Act are, by virtue of office, commissioners for taking affidavits in Ontario. 2002, c. 18, Sched. A, s. 3 (1).

Persons who may take affidavits

2.  Persons who hold an office or an office of a class that is prescribed by the regulations made under this Act may take affidavits that are required to be taken. 2002, c. 18, Sched. A, s. 3 (1).

Commissioners for specific purposes

3.  The Attorney General may confer upon such officers and employees of the Income Tax Division, the Department of National Revenue (Canada) or of any ministry of the Government of Ontario as he or she designates full power to administer oaths and take affidavits in connection with the performance of their official duties, but limited as the Attorney General may determine. R.S.O. 1990, c. C.17, s. 3; 2001, c. 9, Sched. B, s. 5 (1).

Appointment of commissioners

4.  (1)  The Attorney General may appoint any person of the age of 18 years or over to administer oaths and take affidavits authorized by law within or outside Ontario or subject to such limits as to duration, territory or purpose as the Attorney General may specify in the appointment. 2001, c. 9, Sched. B, s. 5 (2).

Delegation

(1.1)  The Attorney General may, in writing, delegate the power conferred by subsection (1) to a public servant employed under Part III of the Public Service of Ontario Act, 2006. 2001, c. 9, Sched. B, s. 5 (2); 2006, c. 35, Sched. C, s. 17.

Appointment of officials of corporations

(2)  Upon application therefor and payment of the prescribed fee,

(a) the secretary and treasurer of each corporation with share capital or incorporated under the Co-operative Corporations Act that has its head office in Ontario; and

(b) the principal officer in each branch office in Ontario of a corporation with share capital or incorporated under the Co-operative Corporations Act,

may be appointed commissioners for taking affidavits in Ontario for the purposes of the affairs of the corporation. R.S.O. 1990, c. C.17, s. 4 (2).

Period of appointment

(3)  Commissioners appointed under this section shall be appointed for a three-year period and their appointment may be renewed. R.S.O. 1990, c. C.17, s. 4 (3).

Style of commissioners

(4)  A commissioner shall be styled “A commissioner for taking affidavits in and for the courts in Ontario”. R.S.O. 1990, c. C.17, s. 4 (4).

Status quo maintained

(5)  The repeal of the Municipal Act on January 1, 2003 does not affect the validity of the appointments of commissioners existing on that date or subsequent to that date. 2002, c. 17, Sched. F, Table.

Limitations to be stated

5.  Every commissioner whose appointment is limited in its duration or as to territory or purpose shall indicate the limitation by means of a stamp approved by the Attorney General or his or her delegate under subsection 4 (1.1) and affixed under the commissioner’s signature. 2001, c. 9, Sched. B, s. 5 (3).

Extent of commissioner’s authority

6.  Every commissioner may take any affidavit in anywise concerning any proceeding to be had in any court in Ontario or before a judge of any such court, and in or concerning any application or matter made or pending before any judge of any court in Ontario which by any statute such judge is authorized to hear and determine or in which he or she is authorized to make an order, although the application or matter be not made or depending in any court. R.S.O. 1990, c. C.17, s. 6.

Commissioners may take declarations

7.  Every commissioner has power to take declarations in cases in which declarations may be taken or may be required under any Act in force in Ontario. R.S.O. 1990, c. C.17, s. 7.

Revocation of appointments of commissioners

8.  (1)  The Attorney General may revoke the appointment of any commissioner. 2001, c. 9, Sched. B, s. 5 (4).

Application

(2)  Subsection (1) applies whether the appointment was made by the Attorney General on or after the date on which section 5 of Schedule B to the Government Efficiency Act, 2001 comes into force or by the Lieutenant Governor before that date. 2001, c. 9, Sched. B, s. 5 (4).

Duty of commissioner, etc., in administration of oath

9.  Every oath and declaration shall be taken by the deponent in the presence of the commissioner, notary public, justice of the peace or other officer or person administering the oath or declaration who shall satisfy himself or herself of the genuineness of the signature of the deponent or declarant and shall administer the oath or declaration in the manner required by law before signing the jurat or declaration. R.S.O. 1990, c. C.17, s. 9.

Offence

10.  Every commissioner, notary public, justice of the peace or other officer or person administering an oath or declaration who signs a jurat or declaration without the due administration of the oath or declaration is guilty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1990, c. C.17, s. 10.

Offence

11.  Every one who in any action or proceeding or upon any application or other proceeding out of court, or for the purpose of making or maintaining any claim, files, registers or uses or in any other manner makes use of any oath, affidavit or declaration knowing that it was not taken, sworn to or made in conformity with section 9 is guilty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1990, c. C.17, s. 11.

Revocation of appointment

12.  On conviction for an offence under this Act, the appointment of a commissioner for taking affidavits or notary public may be revoked by the constituting authority. 2001, c. 9, Sched. B, s. 5 (5).

Regulations

13.  The Lieutenant Governor in Council may make regulations,

(a) respecting the fees payable to the Crown and the fees receivable by commissioners under this Act;

(b) prescribing offices and classes of offices for the purposes of section 1, specifying the part of Ontario in which the holder of a prescribed office may act as a commissioner, and specifying the purpose for which he or she may do so;

(c) prescribing offices and classes of offices for the purposes of section 2, specifying the part of Ontario in which the holder of a prescribed office may take affidavits, and specifying the purpose for which he or she may do so. 2002, c. 18, Sched. A, s. 3 (2).

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