Commissioners for taking Affidavits Act, R.S.O. 1990, c. C.17

Commissioners for taking Affidavits Act

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

Historical version for the period December 20, 2006 to August 19, 2007.

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

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.

2. Provincial judges and justices of the peace.

3. Barristers and solicitors entitled to practise law in Ontario. R.S.O. 1990, c. C.17, s. 1 (1).

Idem

(2) The following, by virtue of office, are commissioners for taking affidavits in the county, territorial district, metropolitan, district or regional municipality in which their local municipality is situate:

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

2. The administrative heads and deputy administrative heads of departments responsible for building standards, welfare, assessment or planning, and the medical officer of health of every local municipality that has a population of at least 100,000, but only for the purposes of the affairs of the municipality.

3. The heads of municipal councils, members of councils of lower-tier municipalities who are members of the council of an upper-tier municipality that was a county on the day before the Municipal Act, 2001 came into force and members of councils of municipalities that were cities on the day before that Act came into force. R.S.O. 1990, c. C.17, s. 1 (2); 2002, c. 17, Sched. F, Table.

Single-tier municipalities

(2.1) The following are, by virtue of office, commissioners for taking affidavits in the single-tier municipalities of the City of Toronto, City of Hamilton, City of Ottawa, 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, The Corporation of the City of Kawartha Lakes and in such other single-tier municipalities as may be prescribed:

1. The clerk, deputy clerk and treasurer of the single-tier municipality.

2. The administrative heads and deputy administrative heads of the single-tier municipality departments responsible for building standards, welfare, assessment or planning, and the single-tier municipality’s medical officer of health, but only for the purposes of the affairs of the single-tier municipality.

3. The head of council and the other members of council. 2002, c. 17, Sched. F, Table.

Regulation

(2.2) The Attorney-General may prescribe single-tier municipalities for the purposes of subsection (2.1). 2002, c. 17, Sched. F, Table.

Idem

(3) The clerk, deputy clerk and treasurer of every upper-tier municipality are, by virtue of office, commissioners for taking affidavits in their respective municipalities. R.S.O. 1990, c. C.17, s. 1 (3); 2002, c. 17, Sched. F, Table.

(4) Repealed: 2002, c. 17, Sched. F, Table.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule A, subsection 3 (1) and the following substituted:

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.

See: 2002, c. 18, Sched. A, ss. 3 (1), 21 (3).

Courts

2. The following may take affidavits required to be taken in their respective areas:

1. Judges and local registrars of the Superior Court of Justice.

2. Clerks of the Family Court of the Superior Court of Justice.

3. Clerks of the Ontario Court of Justice, but only for documents in family proceedings. 1999, c. 12, Sched. B, s. 2 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule A, subsection 3 (1) and the following substituted:

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.

See: 2002, c. 18, Sched. A, ss. 3 (1), 21 (3).

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 person who is a public servant as defined in the Public Service Act. 2001, c. 9, Sched. B, s. 5 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1.1) is amended by the Statutes of Ontario, 2006, chapter 35, Schedule C, section 17 by striking out “a person who is a public servant as defined in the Public Service Act” and substituting “a public servant employed under Part III of the Public Service of Ontario Act, 2006”. See: 2006, c. 35, Sched. C, ss. 17, 137 (1).

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 respecting the fees payable to the Crown and the fees receivable by commissioners under this Act. R.S.O. 1990, c. C.17, s. 13.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 13 is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule A, subsection 3 (2) and the following substituted:

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.

See: 2002, c. 18, Sched. A, ss. 3 (2), 21 (3).

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