Commissioner of Oath Services Policy

Purpose:

The purpose of this policy is to provide information to the general public with respect to Commissioner of Oath services provided by the County of Lennox and Addington, as well as to provide guidelines for commissioning documents.

Background:

Clerks, Deputy Clerks and Treasurers, by virtue of office, are authorized by the Minister of Justice to act as Commissioners of Oaths, within the limits of their municipality.

A Commissioner of Oaths is empowered under provincial legislation to administer and witness the swearing of oaths or solemn affirmations in the taking of an affidavit for any potential legal matter. Commissioners of Oaths are also empowered to witness any declaration as required under a statute. The person swearing an oath, making an affirmation or making a declaration is called a deponent or declarant.

Process:

Commissioner of Oath services are provided at the Office of the Clerk, County of Lennox and Addington, 97 Thomas Street East, Napanee, between the hours of 8:30 a.m. – 4:30 p.m., Monday to Friday. An appointment is preferred in order to ensure availability of the Clerk or Deputy Clerk.

The person swearing or affirming to a document must appear before the Commissioner of Oaths. Proper identification (photo ID) such as a valid driver's license, current passport or any other government-issued photo identification must be presented as well as the completed affidavit with the exception of the signature. The signing of the affidavit must be completed in the presence of the Commissioner.

A Commissioner of Oaths only certifies by affixing a stamp or seal that the required oath or affirmation or declaration has been properly administered. Commissioners of Oaths do not certify the truth of the statements contained in a document; the responsibility remains with the deponent or declarant.

The Commissioner of Oaths is not responsible for the content of the affidavit; it is the responsibility of the person whose signature is being commissioned (the deponent). The deponent must understand not only the details to which he/she will attest, but also the fact that he/she is swearing an oath that the details are correct.

Notary Public:

The County of Lennox and Addington cannot notarize documents or certify any documents in the capacity of a Notary Public. Such requests are referred to law firms entitled to practice law in Ontario, Justice of the Peace or similar vocations eligible to notarize documents.

Commissioner of Oath Services:

The Commissioner of Oaths may* sign documents related, but not limited to, the following:

  1. Consents to Travel
  2. Residency Documentation
  3. Vehicle Transfers
  4. Change of Ownership
  5. Insurance Claims
  6. Pension Plan Documents
  7. Certify Documents as "True Copies"
  8. Certification of Identifiable Individual's Signature
  9. Any government-related forms
  10. Municipally-Related Documents (In-house)

* = It is at the exclusive discretion of the individual Commissioner of Oaths whether or not they choose to sign the document. If a Commissioner of Oaths is uneasy about the identity of the deponent or the content of the document for any reason, the Commissioner of Oaths may refuse to sign the document and the deponent will be referred to a lawyer.

The Commissioner of Oaths will not prepare or edit affidavits, nor provide legal advice. The Commissioner of Oaths will not counsel or assist a person with completing the affidavit document. Any assistance required should be directed to the agency or party that has requested the form. The Clerk's office does not supply blank affidavit forms. The Clerk's Office does not provide interpreters for the signing of affidavits. It is the responsibility of the deponent to obtain and provide an interpreter, if required.

Please make an appointment for commissioning services to ensure the Clerk is available.

Certify True Copies:

The Clerk's Office certifies true copies of original documents such as birth, death, marriage certificates and passports. The original document must be provided in order to certify a true copy.