Commissioner for taking affidavits

If a seller swears an affidavit or makes a declaration at closing, for example about facts concerning the business or authority to sign, it has to be sworn or declared before someone authorized to take it. In Ontario and British Columbia, a provincial statute says who that is. See statutory declaration.

Ontario

Under Ontario’s Commissioners for Taking Affidavits Act, holders of a prescribed office are commissioners by virtue of office (s. 1), and the Attorney General may appoint other persons, limited in duration, territory or purpose if specified (s. 4(1)). Under s. 9(1), every oath and declaration is taken in the physical presence of the person administering it, but s. 9(2) allows regulations to permit otherwise on conditions. Section 9(3) requires that person to satisfy themselves of the genuineness of the signature before signing the jurat.

British Columbia

Under s. 56 of British Columbia’s Evidence Act, the Attorney General may appoint, by order, commissioners for taking affidavits for the province, for a period and with restrictions set in the order. Section 59, subject to section 61 and to the order’s restrictions, lets a commissioner administer oaths and take affidavits, declarations and affirmations in or out of British Columbia. Section 60 lists persons who are commissioners because of their office or employment. For the closing context, see what happens on closing day.