Affidavits

Commissioners for Taking Affidavits for the Province of British Columbia

In British Columbia, A Commissioner for Taking Affidavits is appointed or designated under section 56 of the Evidence Act to administer sworn oaths or affirmations and have signing power to witness and take notarized affidavits and statutory declarations.

A Commissioner for Taking Affidavits may administer oaths and affirmations and take notarized affidavits and statutory declarations as permitted or required by law. However, this authority may be limited by special restrictions, terms or conditions in the appointment order, which is why commissioners need to read their appointment orders carefully, so they are aware of any limitations that apply to their appointments.

Affidavit Procedure

One must follow specific protocols when taking an affidavit or a statutory declaration. We’ve broken the procedure down step by step for you.

1. First, ascertain the identity of the person making the statement. If the person is unknown to the commissioner, the commissioner must see a piece of government-issued photo identification and be satisfied with the deponent’s identity. 
2. Next, the commissioner must assess the person’s capacity to make the statement; the deponent must appreciate the significance of making a sworn or affirmed statement. An affidavit is a legal document used for evidential purposes, and making false statements in an affidavit is a crime punishable under the Criminal Code of Canada. If there is doubt regarding the person’s capacity to make the statement, the commissioner cannot sign the affidavit. 
3. The commissioner must then administer the oath, solemn declaration or affirmation. To do this, they must ask the person making the statement if they have read the affidavit, understand it and swear (or affirm) it to be accurate to the best of their knowledge, information and belief. 
4. When answered in the affirmative, the person making the statement will sign the affidavit. The person signing the affidavit must be physically present with the commissioner, and the commissioner must witness the signature.
5. The commissioner then signs the affidavit and completes the jurat, including the commissioner’s name, title, and the expiry date of their commission. The commissioner will usually have a stamp with this information on it to seal the affidavit. It is a requirement that any affidavit prepared for the BC Supreme Court must have this information printed or typed legibly.

Our Affidavit of Service

We have three Commissioners for Taking Affidavits within our company. Therefore, it is easy to accommodate rush affidavits. Out-of-province affidavits take longer, as we need to make an appointment with a Lawyer or Notary Public. A Commissioner for Taking Affidavits for British Columbia can commission affidavits and statutory declarations only for use within British Columbia. Out-of-province affidavits require a notary seal. We make appointments to see our Lawyer every 2-3 weeks, so turn-around time is slightly longer for our out-of-province clients.