Commissioners for Taking Affidavits Act

ONTARIO REGULATION 386/12

COMMISSIONERS AND OTHER PERSONS WHO MAY TAKE AFFIDAVITS

Consolidation Period:  From February 4, 2026 to the e-Laws currency date.

Last amendment: 20/26.

Legislative History: 386/12, 20/26.

This is the English version of a bilingual regulation.

Commissioners by virtue of office

1. (1) The following, by virtue of office, are commissioners for taking affidavits in Ontario:

1. Members of the Assembly.

Note: On March 1, 2026, subsection 1 (1) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 20/26, s. 1 (1))

1.1 Persons employed in the constituency office of a member of the Assembly for the purpose of providing assistance to constituents, but only in connection with work done for that purpose.

2. Judges of the Court of Appeal for Ontario, the Superior Court of Justice and the Ontario Court of Justice.

3. Justices of the peace.

4. Persons licensed under the Law Society Act to practise law in Ontario.

4.1 Persons licensed under the Law Society Act to provide legal services in Ontario.

Note: On March 1, 2026, subsection 1 (1) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 20/26, s. 1 (1))

4.2. Persons who have entered into service under articles of clerkship or the law practice program under the Law Society Act, but only in connection with work done as part of the clerkship or program.

5. Persons who exercise the powers and perform the duties of a registrar under section 73 of the Courts of Justice Act, but only for documents in the proceedings in respect of which they exercise their powers and perform their duties.

Note: On March 1, 2026, paragraph 5 of subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/26, s. 1 (2))

5. Persons exercising the powers and performing the duties of a registrar or court clerk under section 73 of the Courts of Justice Act, but only in connection with their work in a court, for documents that are to be filed in or that arise from proceedings in a court in Ontario.

6. Persons who exercise the powers and perform the duties of a court clerk under section 73 of the Courts of Justice Act, but only for documents in the proceedings, other than criminal proceedings, in respect of which they exercise their powers and perform their duties. O. Reg. 386/12, ss. 1 (1), 2.

Note: On March 1, 2026, paragraph 6 of subsection 1 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/26, s. 1 (2))

6. First Nation Officers and police officers, as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019, but only as part of their employment or duties at the police service in Ontario of which they are a member.

7. Members of the council of the band of a First Nation, but only in the geographic area in Ontario in which the reserve is situate.

8. Superintendents, conservation reserve managers, assistant superintendents and park wardens designated under section 12 of the Provincial Parks and Conservation Reserves Act, 2006, but only as part of their role as superintendent, conservation reserve manager, assistant superintendent or park warden, as the case may be.

9. Persons appointed as public servants under Part III of the Public Service of Ontario Act, 2006 who work in ServiceOntario, but only when providing services directly to the public as part of their work.

(2) The following, by virtue of office, are commissioners for taking affidavits in the geographic area established under the Territorial Division Act, 2002 in which their municipality is situate:

1. Clerks, deputy clerks, treasurers and deputy treasurers of municipalities.

2. For the purposes of the affairs of the municipality, the administrative heads and deputy administrative heads of departments responsible for building standards, welfare, assessment or planning, and the medical officer of health of,

i. every municipality that has a population of at least 100,000, and

ii. the City of Greater Sudbury, The Corporation of Haldimand County, The Corporation of Norfolk County, The Corporation of the County of Brant, The Corporation of the Municipality of Chatham Kent, The Corporation of the County of Prince Edward and The Corporation of the City of Kawartha Lakes.

3. The heads of municipal councils, members of councils of lower-tier municipalities who are members of the council of an upper-tier municipality and members of councils of municipalities that have a population of at least 15,000. O. Reg. 386/12, s. 1 (2).

2. Omitted (provides for amendments to this Regulation). O. Reg. 386/12, s. 2.

Note: On March 1, 2026, section 2 of the Regulation is revoked and the following substituted: (See: O. Reg. 20/26, s. 2)

Appointments under s. 4 of the Act not affected

2. Nothing in section 1 shall be read as affecting an appointment made under section 4 of the Act before the day on which Ontario Regulation 20/26 comes into force. O. Reg. 20/26, s. 2.

3. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 386/12, s. 3.

Note: On March 1, 2026, section 3 of the Regulation is revoked. (See: O. Reg. 20/26, s. 2)