Affidavit Of Jane Doe (Page 7 of 8) in pdf

Information and Instruction Guide for Commissioners for Taking Affidavits for British Columbia

C. Frequently Asked Questions

Where does a commissioner’s authority come from?

How long does an appointment as a commissioner last?

Appointments are made pursuant to section 56 of the

Appointments are generally granted for a term of three

British Columbia Evidence Act. Sections 56 through 69

years. Commissioners have no authority to act as

commissioners after their appointments have expired.

of the Evidence Act pertain to Commissioners for Taking

Affidavits.

Once an appointment is expired, it is void and the legal

rights sought to be established through a document

Can commissioners take their own affidavits?

signed after the expiration date may be jeopardized.

No.

Can an appointment be revoked?

Can the powers of a Commissioner for Taking Affidavits in

Yes. Section 62 of the Evidence Act provides that the

British Columbia be exercised outside of the provincie?

Attorney General may revoke the appointment of a

Commissioner for Taking Affidavits for British Columbia.

Yes. Section 59 of the Evidence Act essentially provides that

a Commissioner for Taking Affidavits for British Columbia

Can a commissioner charge a fee for service?

may provide services outside of the province for use in

No. Commissioners are restricted to providing services free

British Columbia.

of charge, except where fees are specifically allowed under

other statutes.

Can a commissioner refuse to take an affidavit or

statutory declaration?

What obligation do commissioners have if there is

Yes. An appointment as a commissioner authorizes an

a change in their name, address or employment?

individual to take affidavits and statutory declarations but

To keep official records current, changes in name, postion,

does not require them to do so. A commissioner may

company name or company address must be reported to:

refuse to take an affidavit for any valid reason, such as:

Order in Council Adminstration Office

1. The person wishing to make the statement has no

Ministry of Justice

identification and is unknown to the commissioner.

PO Box 9280 Stn Prov Govt

Victoria, BC V8W 9J7

2. The person does not appear to understand the

Fax: 250 387-4349

contents of the affidavit or statutory declaration.

Phone: 250 387-5378

3. The commissioner has reason to believe the person is

Email:

BCCommAff@gov.bc.ca

not acting of their own free will.

If, for any reason, a commissioner is not comfortable taking

Commissioner appointments are not transferable between

an affidavit or statutory declaration, the person wishing to

employers or volunteer organizations. If you change

make the affidavit or declaration should be advised to

employer or volunteer organization you must notify the

contact a lawyer.

office to have your appointment cancelled.

Note: The Order in Council Administration Office does not send out renewal notices.

If you wish to renew your appointment, submit a completed application form and examination with the fee (if applicable)

to the Order in Council Administration Office at least eight weeks prior to the expiry date of your current appointment.

As forms and documents are governed by statutes that the Order in Council Administration Office does not administer, the

office cannot provide advice as to whether a particular form or document can be witnessed by a Commissioner for Taking

Affidavits.

Order in Council Administration Office staff do not administer oaths or affirmations, take affidavits or statutory declarations or

provide any other commissioner services.

Published May 2016

Affidavit Of Jane Doe Page 7

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