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

• Jurisdiction: Ontario

Commissioners for Taking Affidavits Act

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

Consolidation Period: From August 1, 2020 to the e-Laws currency date.

Last amendment: 2020, c. 7, Sched. 4, s. 1-9.

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. 2002, c. 18, Sched. A, s. 3 (1).

Section Amendments with date in force (d/m/y)

1997, c. 26, Sched. - 01/01/1998; 1999, c. 12, Sched. B, s. 2 (1) - 22/12/1999

2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. A, s. 3 (1) - 31/12/2012

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. 2002, c. 18, Sched. A, s. 3 (1).

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. B, s. 2 (2) - 22/12/1999

2002, c. 18, Sched. A, s. 3 (1) - 31/12/2012

3 Repealed: 2020, c. 7, Sched. 4, s. 2.

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 5 (1) - 01/01/2002

2020, c. 7, Sched. 4, s. 2 - 01/08/2020

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 public servant employed under Part III of the Public Service of Ontario Act, 2006. 2001, c. 9, Sched. B, s. 5 (2); 2006, c. 35, Sched. C, s. 17.

(2) Repealed: 2020, c. 7, Sched. 4, s. 3 (1).

Period of appointment

(3) Commissioners appointed under this section shall be appointed for a three-year period or such other period as may be specified by the regulations made under this Act. 2020, c. 7, Sched. 4, s. 3 (2).

Renewal

(3.1) An appointment under this section may be renewed for one or more periods of three years or such other period as may be specified by the regulations made under this Act. 2020, c. 7, Sched. 4, s. 3 (2).

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.

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 5 (2) - 01/01/2002

2002, c. 17, Sched. F, Table - 01/01/2003

2006, c. 35, Sched. C, s. 17 - 20/08/2007

2020, c. 7, Sched. 4, s. 3 (1, 2) - 01/08/2020

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).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. B, s. 5 (3) - 01/01/2002

Extent of commissioner’s authority

6 Every commissioner may take any affidavit 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...