Policy #: CL-01-2024
Policy name: Commissioner of Oaths & Affidavits Policy
Internal policy adopted on: May 8, 2024
Approved by: Pierre Leroux, Chief Administrative Officer
Replacing: n/a
Purpose
The purpose of this policy is to provide guidelines for Municipal employees when commissioning documents for the public.
Scope
This procedure applies to all employees of The Nation Municipality who by virtue of office, or who have been appointed by the Attorney General under the Commissioners for taking Affidavits Act, R.S.O. 1990, c C.17, to commission documents.
Background
Clerks, Treasurers, and their deputies, by virtue of office, are authorized by the Attorney General to act as Commissioner of Oaths and Affidavits, within the limit of their municipality. Additional Commissioners may be authorized by the Attorney General at the request of the municipality. The Nation Municipality has four (5) Commissioners on staff: Clerk, Treasurer, Deputy Clerk, Deputy Treasurer, and the Administrative Assistant to the Director of Public Works.
A person who is appointed as a commissioner under the Commissioners of Taking Affidavits Act may administer oaths and take affidavits, declarations and affirmations. They can do this where it is permitted or required by law, and subject to any limitations specified in their appointment certificate. A commissioner shall satisfy themselves 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.
The person swearing an oath, making an affirmation, or making a declaration is called a deponent or declarant.
Policy
Commissioner services are provided at The Nation Municipality's Town Hall located at 958 Route 500 West, in Casselman Ontario and at the satellite office located at 3248 County Road 9 in Fournier Ontario, during regular office hours.
The public is strongly encouraged to book appointments for commissioner services to ensure availability.
If an appointment is not booked, the individual understands that there may not be a commissioner available to provide the service.
Duties of the Commissioner
The deponent or declarant who is swearing or affirming to a document, shall appear before the Commissioner. If the person is not present in front of the Commissioner, the document will not be commissioned.
To confirm the identity of the deponent or declarant, the Commissioner is required to review proof of identity (see Annex A for list of accepted identification). The completed and unsigned affidavit must also be presented to confirm the identity of the deponent or declarant.
The signing of the affidavit must be completed in the presence of the Commissioner. The Commissioner shall not commission the document if it was not signed in their presence.
The Commissioner will affix their stamp to the document, certifying that the required oath, affirmation or declaration has been properly administered.
The Commissioner of Oaths and Affidavits will ensure that each deponent or declarant will sear the following oath:
"Do you swear the information is true and complete to the best of your knowledge."
Retention
A register will be kept of all documents commissioned. The information collected in the registry will be:
- name of deponent / declarant;
- type of document;
- types of identification verified; and
- the date of the commissioning.
The retention period is two years.
Duties of the Deponent or Declarant:
Under the Commissioners for taking Affidavits Act, Commissioners of Oaths and Affidavits do not certify the truth of the statements contained in a document; that responsibility remains with the deponent or declarant.
The Commissioner is not responsible for the content of the affidavit; it is the responsibility of the deponent or declarant whose signature is being commissioned. The deponent or declarant must also understand not only the details to which they will attest, but also the fact that they are swearing an oath that the details are correct.
Commissioner Services:
The Commissioner of Oaths and Affidavits shall only sign documents that are in English or French, so the Commissioner can validate the information that is sworn.
The Commissioner may sign documents related, but not limited to the following*:
- Planning Applications
- Legal Name Change Application
- Name Change and / or Sex Change documents and application
- Declaration Affirming Parentage
- Election to Change Name of Child under the age of 12 (Service Ontario form)
- Vehicle Ownership Transfers -Sworn statement for a transfer of a used vehicle in the Province of Ontario
- Pension Purposes - Attestations a person is alive and confirming residency
- Delayed birth registrations
- Application to amend birth registrations
- Lost passport
- Common law or single status affidavits
- Statement of Conscience or Religious Belief - Immunization of School Pupils Act
- Municipal planning applications related to matters within the geographical limits of the Municipality
- Consent letters for children travelling out of country
- Construction Act documents for progress and/or completion
* It is at the exclusive discretion of the individual Commissioner whether or not they choose to sign the document. If a Commissioner of Oaths and Affidavits is uneasy about the identity of the deponent, or the content of the document for any reason, the Commissioner may refuse to sign the document.
Services not provided by a Commissioner
The Commissioner will not prepare or edit affidavits, nor will they provide legal advice.
Any information or clarification required for the prescribed form, should be directed to the agency or party that has requested the form.
The Commissioner will not certify true copies of documents, unless given authority from the agency or party requesting the document, in writing on the form.
A Commissioner of Oaths and Affidavits is not the same as a Notary Public. A Notary Public is a person who is authorized under the Notaries Act to commission documents and certify documents as true copies to verify signatures. The requirements to become a Notary Public are more stringent than for a Commissioner, and most are lawyers or judicial officers. If a document is required to be "notarized" as opposed to "commissioned," the Commissioners will not commission the document.
The following is a list of common documents but not limited to, that a Commissioner of Oaths and Affidavits cannot sign:
- Wills, Living Wills, Codicils (amendments) to Wills
- Powers of Attorney
- Certified True Copies (only Clerk/Deputy Clerk - no guarantee that it would be accepted)
- Divorce, Separation or Cohabitation documents
- Custody documents - Real Estate documents, including transfer of land
- Estate Settlement documents
- Documents related to finance (Banking information, RRSP etc.)
- Court, Legal and/or Civil issues related documents
- Immigration documents;
- Visas, student visas;
Compliance
All Commissioners for The Nation Municipality are required to comply with the Commissioner of Oaths and Affidavits Policy as well as the Commissioners for taking Affidavits Act.
Fee Schedule
All fees are established and governed by the Fees and Charges By-law, as amended from time to time.
Accessibility
At the discretion of the Commissioner of Oaths and Affidavits, if a deponent or declarant cannot go to the Municipal Town Hall or Fournier office, the commissioner can travel to another location within the Municipality to commission a document. To further remove barriers, travel costs will not be charged to the deponent or declarant.
Virtual Commissioning is not permitted for The Nation Municipality.
Annex A - Proof of Identity:
List 1: only 1 document is required to satisfy all 3 data elements (Date of Birth, Signature, Photo)
- Passport - Canadian / Foreign
- Canadian Citizenship Card with photo
- Canadian Permanent Resident card with signature
- Record of Landing (IMM 1000)
- Confirmation of Permanent Resident accompanied by a valid passport from country of origin
- Report Pursuant to the Immigration and Refugee Protection Act with photo
- Student Authorization/Study Permit
- Employment Authorization /Work Permit
- Visitor Record - Temporary Resident's Permit
- Secure Certificate of Indian Status Card
- Driver's license or enhanced driver's license
List 2: 2 documents are required to satisfy all 3 data elements
- Canadian birth certificate, or a proof of birth document issued by a U.S. jurisdiction
- Canadian Permanent Resident Card without signature (issued after February 4, 2012)
- Government-issued proof of marriage document
- Certified copy of statement of live birth (issued by Ontario only)
- Certificate of Indian Status (laminated card issued by Indian & Northern Affairs Canada)
- U.S. Passport Card
- Nexus Card and FAST/EXPRESS Card
- Driver's license or enhanced driver's license - issued by another Canadian or U.S. jurisdiction
- Ontario driver's license or enhanced driver's license is proof of all three data elements, see list 1
- Identity card - issued by a Canadian or U.S. jurisdiction (enhanced or non-enhanced)
- Ontario health card - Ontario student card with signature
- Declaration from a guarantor
- Canadian Department of National Defense (DND) identity card / Driver's License