2010 BILL 7

	7


Third Session, 46th General Assembly 59 Elizabeth II, 2010
BILL 7
AN ACT TO AMEND THE COMMISSIONERS FOR OATHS ACT
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE FELIX COLLINS Minister of Justice and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Commissioner for Oaths Act to address a number of deficiencies found in it.

It would broaden the category of persons who may be appointed commissioners for oaths to persons who have the status of permanent residents of Canada.

It would permit the minister to set the fees that a commissioner may charge for his or her services.

Lastly it would make it an offence to purport to be a commissioner when one is not.

A BILL

AN ACT TO AMEND THE COMMISSIONERS FOR OATHS ACT

Analysis

1. S.2 Amdt.
Appointments in province

2. Ss.14 & 15 Added
14. Minister may set fees
15. Offence

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cC-25
as amended

1. Subsection 2(1) of the Commissioners for Oaths Act is repealed and the following substituted:

Appointments in province

2. (1) The Minister of Justice may appoint a person who is a Canadian citizen or who has the status of a permanent resident of Canada to administer oaths and take and receive affidavits, declarations and affirmations within the province.

2. The Act is amended by adding immediately after section 13 the following:

Minister may set fees

14. The minister may set fees that a commissioner for oaths may charge for exercising a power given to him or her by this Act.

Offence

15. (1) A person whose appointment as a commissioner for oaths has expired or whose appointment has been revoked who after the expiry or revocation uses or exercises a power conferred on a commissioner by this Act is guilty of an offence and liable on summary conviction to a fine of not more than $500.

(2) A person who holds himself or herself out as a commissioner for oaths without having been appointed as one is guilty of an offence and liable on summary conviction to a fine of not more than $500.