Commissioner for Oaths/Notary Public
Frequently Asked Questions
COMMISSIONERS FOR OATHS
Can a Commissioner for Oaths certify true copies of documents?
No, a Commissioner can only administer oaths to other persons. The powers granted to commissioners are limited by section 65(c) of the Evidence Act to taking oaths, affidavits, affirmations, or statutory declarations for use in the Northwest Territories.
Can Commissioners for Oaths administer oaths to themselves?
No, section 21 of the Evidence Act states that “An oath may be administered to any person”, meaning that there must be two persons involved—the person administering the oath, and the person taking the oath (the affiant). This is also stated in the jurat as “Sworn/Affirmed/Declared before me [...]”. Commissioners for Oaths should be aware that signing a document with such a jurat where there was no affiant before him may be committing a criminal act. Section 138 of the Criminal Code of Canada makes it an offence to sign a document as being sworn or declared before them when it was not. The maximum penalty is imprisonment for two years.
Can a document to be used outside of the Northwest Territories be sworn or affirmed before a Commissioner for Oaths in the Northwest Territories?
No, the abilities granted to commissioners are limited by section 65(c) of the Evidence Act to taking oaths, affidavits, affirmations, or statutory declarations for use in the Territories. Only Notaries Public have the ability to swear or affirm documents to be used outside of the Northwest Territories.
NOTARY PUBLICS
Can a Notary Public certify true copies of documents?
Yes, section 83 of the Evidence Act gives this ability to Notaries Public by enabling them to give “notarial certificates of his or her acts”. Commissioners for Oaths cannot certify true copies of documents.
Can Notary Publics administer oaths to themselves?
No, section 21 of the Evidence Act states that “An oath may be administered to any person”. There must be two persons involved—the person administering the oath, and the person taking the oath (the affiant). This is also stated in the jurat as “Sworn/Affirmed/Declared before me [...]”. Notary Publics should be aware that signing a document with such a jurat where there was no affiant before him may be committing a criminal act. Section 138 of the Criminal Code of Canada makes it an offence to sign a document as being sworn or declared before them when it was not. The maximum penalty is imprisonment for two years.
Can a document to be used outside of the Northwest Territories be sworn or affirmed before a Notary Public in the Northwest Territories?
Yes. Please note however, that documents to be used outside of Canada may also have to be authenticated and legalized previous to being considered legal in the foreign jurisdiction. For information on Authentication of Notary Publics, click here.
Can a document to be used outside of Canada be sworn or affirmed before a Notary Public in the Northwest Territories?
Yes. Please note however, that documents to be used outside of Canada may also have to be authenticated and legalized previous to being considered legal in the foreign jurisdiction. For information on Authentication of Notary Publics, click here.
For more information, please contact:
| Postal Address Legal Registries Department of Justice Government of the Northwest Territories PO Box 1320 Yellowknife NT X1A 2L9 Canada |
Courier Address Legal Registries Department of Justice Government of the Northwest Territories 1st Floor, Stuart M. Hodgson Building 5009-49th Street Yellowknife NT X1A 2L9 Canada |
