The History and Modern Role of Oath-Taking in Canada: Focus on Alberta
Oath-taking has been a cornerstone of legal and ethical commitment since ancient times, dating back to civilizations like Mesopotamia, Greece, and Rome. Historically regarded as sacred promises made before deities, oaths served to bind individuals to truth and integrity. Philosophically, an oath represents a moral and social contract — a declaration of personal accountability and ethical responsibility.
In contemporary legal systems, this practice has evolved into a formalized procedure whereby individuals affirm or swear to the truth of statements, usually in legal or administrative contexts. These oaths are administered by authorized officials such as judges, notaries public, and commissioners of oaths. Their purpose is not only to authenticate the process but also to safeguard the credibility of documents and testimonies by attaching legal consequences — such as perjury to dishonesty. In Alberta and across Canada, oath-taking remains a fundamental tool for upholding the rule of law and maintaining public trust in the justice system.
The Role of a Commissioner of Oaths in Alberta
In Alberta, a Commissioner for Oaths is a person appointed under the Notaries and Commissioners Act who is legally authorized to administer oaths, affirmations, and statutory declarations within the province. These commissioners serve a vital function in Alberta's legal and administrative framework by ensuring that sworn documents are properly executed.
Key Duties and Responsibilities
- Witness and administer oaths, affirmations, and affidavits
- Take statutory declarations for use in legal, governmental, and professional matters
- Ensure the person swearing or affirming is physically present and properly identified (typically using a valid government-issued ID)
- Maintain neutrality and ensure that the process follows legal requirements
It's important to note that a Commissioner of Oaths does not verify the truthfulness of the document's content. That responsibility lies solely with the deponent or declarant — the individual making the sworn statement.
Legal Limits and Scope
Some Commissioners in Alberta are appointed for general purposes, while others, particularly government employees or professionals, may receive a restricted commission limiting their authority to specific duties within their employment. Also, unlike a Notary Public, Commissioners of Oaths in Alberta cannot certify true copies of documents or perform functions for use outside Alberta.
Commissioners of Oaths in Other Canadian Provinces: A Comparative View
While Commissioners of Oaths perform broadly similar functions across Canada, there are differences in appointment, authority, and scope depending on the province.
Ontario
In Ontario, Commissioners are governed by the Commissioners for Taking Affidavits Act. They may:
- Witness affidavits and statutory declarations
- Administer oaths and affirmations
Many professionals such as lawyers, paralegals, and court clerks are automatically designated as Commissioners. Others must apply through the Ministry of the Attorney General. Like in Alberta, Ontario Commissioners do not certify the truth of statements — only that the oath was taken in their presence.
British Columbia (Vancouver)
In British Columbia, Commissioners for Taking Affidavits are appointed under the Evidence Act. They may:
- Administer oaths and solemn affirmations
- Take affidavits for use in legal proceedings
Lawyers and certain government employees often hold this authority. A Commissioner in BC cannot certify true copies or documents unless they also hold the designation of Notary Public.
Quebec (Montreal)
In Quebec, which follows a civil law system, Commissioners for Oaths (commissaires à l’assermentation) are regulated by the Commission des services juridiques. Their role includes:
- Administering oaths and affirmations for legal declarations
- Receiving sworn statements for use in judicial or administrative matters
Commissioners in Quebec are often professionals such as lawyers, bailiffs, or court clerks. Declarations are typically handled in French, and their use is mostly limited to provincial jurisdictions.
Final Thoughts: Alberta in the National Context
While the fundamental duty of a Commissioner of Oaths — administering oaths and affirmations — is consistent nationwide, the legal framework and scope of authority differ from province to province. Alberta's system is clear, structured, and essential for the validation of legal documents within the province. Whether you're swearing an affidavit, submitting a statutory declaration, or engaging in administrative processes, a Commissioner of Oaths ensures your document meets legal standards and contributes to the broader system of justice and accountability across Canada. (AI-supported)
