Commissioners of Oaths

Some kinds of legal documents are evidence in a Court if it is shown that the party who made them swore or affirmed their truth. The oath or affirmation is taken by a Commissioner of Oaths. An affidavit is a statement of facts which the maker swears to be true. An affirmation is also a statement of facts but the maker affirms instead of swears it to be true. A declaration includes an affidavit or an affirmation.

The Minister of Justice appoints Commissioners of Oaths under the authority of the Notaries and Commissioners Act. A Commissioner of Oaths is deemed to be an officer of the Supreme Court of Nova Scotia. Commissioners take declarations concerning any matter to come before a court in the Province.

In addition to appointments, some professionals are automatically Commissioners of Oaths, including barristers of the Supreme Court of Nova Scotia, Canadian Armed Forces officers on active duty, MLAs, municipal chiefs of police, every commissioned officer of the RCMP on active service and every non-commissioned officer of the RCMP who is head of a detachment on active service in Nova Scotia, and funeral directors.

More information

• Commissioner of Oaths FAQ (PDF)
• Notaries and Commissioners Act
• Guidelines for the Appointment of Commissioners of Oaths Pursuant to the Notaries and Commissioners Act (PDF)
• Commissioner of Oaths Application Form (PDF)
• Instructions to Commissioners Under the Notaries and Commissioners Act (PDF)
• Instructions to Funeral Directors Under the Notaries and Commissioners Act (PDF)

Notaries Public

Appointments as Notaries Public in Nova Scotia are limited to MLAs and practising lawyers. Under the Act, a Notary Public may:

• administer oaths and take and receive affidavits, statutory declarations and affirmations within the province for use in the Supreme Court or any other court in the province
• draw, pass, keep and issue deeds and contracts, charter-parties and other mercantile transactions and attest commercial instruments brought for protestation
• perform other functions such as certifying true copies

Also, when an affidavit or statutory declaration is intended to be used in another province, the law of that province may require that it be completed by a Notary Public rather than a Commissioner of Oaths.

Instructions for Lawyers Appointed as Notaries Public (PDF)

Inquiries

1690 Hollis Street (B3J 1V7)
P.O. Box 7
Halifax, Nova Scotia B3J 1T0
Phone: (902) 424-1182
Email: NPCO-Admin@novascotia.ca