Swearing an affidavit — Who can do it

Affidavits must be sworn by a commissioner for taking affidavits. Lawyers and notaries public are always commissioners. Usually at least one person at the court registry or government agent's office is also a commissioner. Ask about the fee, as different offices charge different amounts for the same service.

The following people can act as commissioners for taking affidavits.

In BC

Here's a list of people who can act as commissioners for taking affidavits to swear affidavits in BC (that is, they're authorized to swear affidavits in BC, for use in BC courts):

  • A notary public
  • A practising lawyer (as defined in section 1(1) of the Legal Profession Act)
  • A Supreme Court registrar, deputy registrar, district registrar, and deputy district registrar
  • A government agent or deputy government agent
  • A judge of a court in BC
  • A justice
  • The local government corporate officer and that person's deputy
  • The secretary treasurer of a board of school trustees
  • The chief executive officer of a francophone education authority (as defined in the School Act)
  • A coroner
  • Any commissioned officer in the Canadian Navy, Army, or Air Force who is on active service (in and out of Canada)
  • All agents general for British Columbia
  • Any other individual specifically appointed by the Attorney General as commissioners for taking affidavits for BC

Outside BC

Here is a list of people who can act as commissioners for taking affidavits to swear affidavits outside BC (that is, they're authorized to swear affidavits outside BC, for use in BC courts):

  • A magistrate or an officer of a court of justice, a judge, or a commissioner authorized to administer oaths in the courts of justice of that province or country
  • The mayor or chief magistrate of any city, borough, or town corporate, certified under the seal of the city, borough, or town corporate
  • An officer of any of Her Majesty's diplomatic or consular services exercising the officer's functions in any country other than Canada, including an ambassador, envoy, minister, chargé d'affaires, counsellor, secretary, attaché, consul general, consul, vice consul, proconsul, consular agent, acting consul general, acting consul, acting vice consul, and acting consular agent
  • An officer of the Canadian diplomatic and consular service exercising the officer's functions in any country other than Canada, including a high commissioner, permanent delegate, acting high commissioner, acting permanent delegate, counsellor, and secretary
  • A Canadian government trade commissioner or an assistant Canadian government trade commissioner exercising his or her functions in any country other than Canada
  • A notary public acting in the territorial limits of the notary's authority, certified under the notary's hand and official seal
  • Any commissioned officer in the Canadian Navy, Army, or Air Force who is on active service (either inside or outside Canada)
  • All agents general for British Columbia
  • A commissioner authorized by the laws of British Columbia to take affidavits

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