Commissioner for Oaths Flashcards
What is an Affidavit?
A written statement formally confirmed by swearing an oath or affirming before a competent authority
Affidavits are often used as evidence in court and can only be used when authorized by a statute or regulation.
What is an Affirmation?
A solemn statement confirming that a statement is true, with the same effect as an oath
It can be used if a person objects to swearing an oath.
What does it mean to Attest?
To affirm the truth of a statement or bear witness to something
Who is a Deponent?
A person who gives evidence in writing, specifically the person who makes an affidavit
What is an Exhibit in the context of an affidavit?
Evidence in the form of records or other documents meant to support a person’s affidavit
Exhibits are frequently found annexed or attached to affidavits.
What is a Jurat?
Describes when, where, and before whom an affidavit was sworn
The jurat appears at the end of the document and must be completed by the Commissioner for Oaths.
What is an Oath?
A solemn statement attesting to the truth of a statement to a Supreme Being or something sacred to the person taking the oath
The oath is considered binding on their conscience.
What is a Solemn Declaration?
A promise to tell the truth used for statutory declarations
What is a Statutory Declaration?
A formal declaration made in a prescribed form that has legal force similar to an oath or affidavit
Statutory declarations are used when no law authorizes the use of an affidavit.
What are the main functions of Commissioners for Oaths?
Commissioners for Oaths perform important functions in society and must comply with high standards of behaviour as outlined in the Notaries and Commissioners Act and the Commissioners for Oaths Regulation.
What can Commissioners for Oaths do in Alberta?
They can administer oaths and take and receive affidavits, affirmations, and declarations in and for Alberta.
What are the requirements to become a Commissioner for Oaths in Alberta?
A person must be at least 18 years old and reside in Alberta or in the part of the City of Lloydminster located in Saskatchewan.
What is the penalty for acting as a Commissioner for Oaths without authorization?
A fine of up to $5,000 may be imposed.
What types of work are Commissioners for Oaths not authorized to perform?
They cannot perform work usually done by lawyers, such as conveyancing.
Who has the authority to witness or certify deeds, contracts, and commercial instruments?
Only judges and lawyers have this authority.
What are affidavits?
Affidavits are written statements formally confirmed by oath or affirmation.
What must happen for an affidavit to be legally valid?
The oath, affirmation, or solemn declaration must be administered properly.
What is the maximum penalty for making a false affidavit or statutory declaration?
The maximum penalty is 14 years imprisonment.
What should a Commissioner for Oaths do if called to give evidence in court?
They must follow proper procedure consistently to establish that an oath, affirmation, or solemn declaration was administered properly.
What is the penalty for signing an affidavit that was not sworn or declared before the Commissioner?
The penalty can be imprisonment for up to two years.
Why should Commissioners for Oaths not take their spouse’s oath, affirmation, or declaration?
It can lead to problems in the proof of affidavits in court and issues in the prosecution of Criminal Code offences involving perjury.
What is the first step in administering an oath to a person making an affidavit?
Ensure that the words in the introduction to the affidavit read ‘make oath and say.’
What should you ask the person making the affidavit?
Ask whether they are the individual named in the affidavit as the person making the affidavit.
What should you provide to the person taking the oath?
Hand them a Bible or any other religious text they consider binding on their conscience.
What is the response expected from the person after being asked to swear?
The person responds by saying ‘I do.’
What is an affirmation?
An affirmation is a solemn statement confirming that a statement is true, not religious in nature.
When can a person give an affirmation instead of an oath?
A person may give an affirmation instead of an oath if they object to swearing an oath due to conscientious scruples, religious belief, or belief that an oath has no binding effect on their conscience.
What is the first step in administering an affirmation?
Amend the words ‘make oath and say’ to ‘solemnly affirm and declare’ in the introduction to the affidavit.
What should you confirm about the person making the affidavit?
Ask whether they are the individual named in the affidavit. If you know them, confirmation is not necessary.
What should you ask the person to do with the affidavit?
Ask the person to sign the affidavit or confirm if the signature on the affidavit is theirs if it has already been signed.
What question should you ask the person during the affirmation process?
Ask: ‘Do you promise that the contents of your affidavit are true and solemnly affirm that this promise is binding on your conscience?’
What should the person respond to the affirmation question?
The person responds by saying ‘I do’.
What must you certify after the affirmation?
You must certify that the person satisfied you that they are entitled to affirm by inserting a specific statement before your signature on the jurat.
What is a solemn declaration?
A solemn declaration is a promise to tell the truth used for statutory declarations.
What is the prescribed form for statutory declarations according to the Canada Evidence Act?
I, __________, solemnly declare that (state the fact or facts declared to), and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath or affirmation.
What is the first step in administering a solemn declaration?
Ask whether the person is the individual named in the statutory declaration. If you know them, confirmation is not necessary.
What should you ask the person to do with the statutory declaration?
Ask the person to sign the statutory declaration or confirm if the signature is theirs if it has already been signed.
What question should you ask during the solemn declaration process?
Ask: ‘Do you make this solemn declaration conscientiously believing it to be the truth and knowing that it is of the same force and effect as if made under oath or affirmation?’
What should the person respond to the solemn declaration question?
The person responds by saying ‘I do’.
What must you do if there are changes on an affidavit or statutory declaration?
You must authenticate the changes by placing a check mark at the beginning and end of each change and writing your initials beside each change.
What does the jurat describe?
The jurat describes when, where, and before whom the document was sworn, affirmed, or declared.
What must be included in the jurat for an affidavit?
The date of swearing, affirming or declaring, and the place where it was done. It should include ‘Sworn before me’ or ‘Affirmed before me’.
What should be included in the jurat for a statutory declaration?
It should include the words ‘Declared before me’.
What is the ordinary form of jurat for an affidavit?
Sworn (or affirmed) before me at . . . . . . . . . . . . . . Province of Alberta, this. . .. . . day of . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . A Commissioner for Oaths in and for Alberta.
What must be included on each document by a Commissioner for Oaths?
Your name, the date your appointment expires (if appointed), and your office (if applicable).
What is the penalty for not including required information on a document?
You can be found guilty of an offence and liable to a fine of up to $1,000.
What are exhibits in the context of affidavits or statutory declarations?
Exhibits are documents attached or annexed to support the affidavit or declaration.
How should exhibits be marked?
Each exhibit should be marked with a specific format including the name of the person and the date.
What should be done if the person making the affidavit is visually impaired?
You must read the document to the person and ensure they understood it before administering the oath.
What should be included in the jurat for a visually impaired person?
Insert a statement confirming the document was read to the person and they understood it.
What is required if the person does not speak English?
A competent interpreter must be sworn in to interpret the contents of the affidavit.
What should be included in the jurat for a non-English speaker?
Insert a statement confirming the affidavit was interpreted by the sworn interpreter.
What should be done if the person is hearing impaired but can read?
Read the affidavit to the person, ensure they understand, and have them sign.
What is the jurat format for a hearing impaired person who can read?
A specific jurat format should be used confirming the person read and understood the document.
What should be done if the person is hearing and speech impaired and cannot read?
A competent interpreter in sign language must be sworn to interpret the document.
What should be included in the jurat for a hearing and speech impaired person?
Insert a statement confirming the affidavit was interpreted by the sworn interpreter.
What powers do Commissioners for Oaths have?
They must restrict their use of appointments to the powers set out in the Act.
What happens before a Commissioner’s appointment expires?
A notice will be sent 8 weeks prior, including an application form for re-appointment.
What must Commissioners ensure regarding their appointment?
They must not act after the expiry date of their appointment.
What must a Commissioner for Oaths do if they change their employment or address?
They must report the change to the Department of Justice at the specified address.
What is the address for reporting changes of employment or address for Commissioners for Oaths?
Official Documents & Appointments, Rm. 111, 9833 - 109 Street, Edmonton, Alberta T5K 2E8.
How can inquiries about the appointment of Commissioners for Oaths be made?
Inquiries can be made at the address shown above or by telephoning (780) 427-5981.
What governs the work of Commissioner for Oaths in Alberta?
The Notaries and Commissioners Act and the Commissioners for Oaths Regulation.
Where can the Notaries and Commissioners Act and the Commissioners for Oaths Regulation be accessed?
On the Alberta Justice and Solicitor General website: http://justice.alberta.ca/programs_services/official/Pages/commisioner.aspx
What is included in the Commissioners for Oaths Regulation?
A Code of Conduct for Commissioners for Oaths.
What is one responsibility of a Commissioner for Oaths?
To discharge all responsibilities with honesty, dignity, and integrity.
What must a Commissioner for Oaths do regarding confidential information?
They must hold all confidential information in strict confidence, except as required by law.
What must a Commissioner for Oaths not do?
They must not mislead anyone in the discharge of their responsibilities.
What is prohibited regarding the preparation or delivery of documents by a Commissioner for Oaths?
They must not participate in any document that is false, incomplete, misleading, deceptive, or fraudulent.
