About commissioners for taking affidavits appointments

Last updated on January 16, 2024

NOTICE:

  1. A new application form (including examination) has now replaced the previous PDF form and examination. See Apply for an appointment.
  2. Effective February 1, 2024, all applications received must use the new form. After January 31, 2024, application packages received using the old form will be returned in the mail, unprocessed. 
  3. No change to the existing 12-week review process. See Review and approval process for more information on processing timelines.
  4. Online payment option is now available. See Appointment fee. If paying online, the application package may be submitted by email. See Apply for an appointment.

A commissioner for taking affidavits is a person appointed or designated under the Evidence Act to administer oaths and affirmations and to take affidavits and declarations.

A person may be eligible for appointment as a commissioner for taking affidavits if their employment or work with a volunteer organization involves administering oaths or affirmations, or taking affidavits or statutory declarations, as permitted, authorized or required by law.

The Evidence Act and regulations designate some persons as commissioners for taking affidavits because of office or employment. Persons designated as a commissioner do not need to apply for appointment. Click here for examples of persons who are commissioners because of their office or employment.

Commissioner appointments are subject to the Evidence Act and regulations, and may include restrictions and conditions set by the Attorney General. The term of appointment is 3 years.

Persons who are commissioners by appointment: 

  • Can only provide services relating to their employment or involvement in a volunteer organization
  • Are prohibited from charging fees for providing services, except where the fees are specifically allowed under other statutes
  • Are prohibited from providing commissioner services after the expiry of their appointment term

The commissioners for taking affidavits lookup tool an be used to view commissioner appointments (1996-present), including term dates and restrictions.

How to apply for an appointment as a commissioner for taking affidavits

An eligible applicant must:

  • Be at least 19 years of age
  • Have Canadian citizenship, landed immigrant or permanent resident status
  • Have no relevant criminal record

In addition, all applicants must complete the application form and follow all instructions, including a detailed explanation of the Purpose of Appointment, a successfully completed examination and the applicable appointment fee. See Apply for an appointment for detailed instructions.

Applications for subsequent appointments must follow the same application process as applications for new appointments. See Apply for a subsequent appointment for detailed instructions.

Submitting an application (with a successfully completed examination and the applicable appointment fee) does not guarantee that an appointment as a commissioner for taking affidavits will be approved, even if you have been appointed as a commissioner in the past.

Our office strives to review and assess applications (new or subsequent) within 12 weeks (3 months), and applications may be approved or declined. Processing times are dependent on volume and will take longer if we need to contact you about your application package. See Review and approval process for more information.

The Commissioners for Taking Affidavits Program does not provide any commissioner services. 

Our office cannot provide advice as to whether a particular form or document can be witnessed by a commissioner. You may wish to consult a lawyer in such cases.

 

Contact information

If you have a question about the Commissioners for Taking Affidavits Program, email us at: BCCommAff@gov.bc.ca.