What can Commissioners for Oaths do for you?
They can witness your signature on legal documents such as contracts, affidavits, Wills, etc.;
They can witness the swearing of an oath or solemn affirmation; and
They can verify your identity for various legal documents.
However, they do not have the authority nor the training to draft legal documents for you nor can they give you legal advice. In recent months, I have come across a shocking number of clients who have found themselves in difficult situations after obtaining documents drafted for them by Commissioners for Oaths, especially where they were assured they had legal documents that would work for them by that Commissioner. However, they were sorely mistaken. Only a lawyer can prepare legal documents for you that you can rest assured are valid and binding.
Commissioners for Oaths in the province of Newfoundland and Labrador only have to meet the following requirements, namely he/she must:
Be at least 19 years of age;
Have Canadian citizenship and residency;
Provide a $50.00 registration fee to the provincial government;
Provide 2 references in their application; and
Make sure they renew their appointment by application to the Department of Justice and Public Safety ever 5 years.
Therefore, Commissioners do not need any special training or education. If you need legal advice, need a legal document drafted for you or anything more in depth than witnessing your signature, oath or solemn affirmation, then please contact a lawyer. Lawyers attend university for 4-7 years to get an undergraduate and then a legal degree, then must apprentice for 12 months under the supervision of another lawyer, and then write 6 exams to test their knowledge in all areas of law. After up to 8 years of study and training a lawyer can be called to the Newfoundland and Labrador Bar and practice in the province. After we become lawyers we must meet requirements set out by the NL Law Society to keep our practicing status so that we may continue to work in our field. Therefore, Commissioners for Oaths are not permitted to do the jobs that lawyers do and can have their appointment revoked or even be charged with fraud in the worst cases of misrepresenting oneself as having the authority to perform the duties of a lawyer. This is due to the fact that they have not had to undergo the vigorous training that lawyers do.
Always proceed with caution when entering into legally binding agreements/contracts and always consider getting legal advice before you sign anything. If you need legal work done, please go to a legal professional who has the skills and the knowledge to help you.
Sincerely,
Melanie
*Please remember that the information provided here is not legal advice. Its purpose is only to provide general information. The facts of each case are different so any questions should be directed to your lawyer.
