Supreme Court Act (R.S.C., 1985, c. S-26)

Act current to 2014-08-05 and last amended on 2013-12-12. Previous Versions

EVIDENCE

Marginal note:Affidavits

 All persons authorized to administer affidavits to be used in any of the superior courts of any province may administer oaths and take and receive affidavits, declarations and solemn affirmations in that province to be used in the Court.

  • R.S., c. S-19, s. 85.
Marginal note:Appointment of commissioners
  •  (1) The Governor in Council may, by commission, empower such persons as the Governor in Council thinks necessary, within or outside Canada, to administer oaths and take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Court.

  • Marginal note:Effect of affidavits

    (2) Every oath, affidavit, declaration or solemn affirmation taken or made pursuant to subsection (1) is as valid and of the like effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Court or before any judge or competent officer thereof in Canada.

  • Marginal note:Style of commissioners

    (3) Every commissioner empowered pursuant to subsection (1) shall be styled “a commissioner for administering oaths in the Supreme Court of Canada”.

  • R.S., c. S-19, s. 86.
Marginal note:How affidavits, declarations or affirmations may be made outside Canada

 Any oath, affidavit, declaration or solemn affirmation concerning any proceeding had or to be had in the Court administered, taken, sworn, made or affirmed outside Canada is as valid and of the same effect to all intents as if it had been administered, taken, sworn, made or afffirmed before a commissioner appointed under this Act, if it is so administered, taken, sworn, made or affirmed outside Canada before

  • (a) a commissioner authorized to take and receive affidavits to be used in Her Majesty’s High Court of Justice in England;

  • (b) a notary public and certified under his hand and official seal;

  • (c) a mayor or chief magistrate of any city, borough or town corporate in any part of the Commonwealth and Dependent Territories other than Canada, or in any foreign country, and certified under the common seal of that city, borough or town corporate;

  • (d) a judge of any court of superior jurisdiction in any part of the Commonwealth and Dependent Territories other than Canada and certified under the seal of the court of which he is a judge; or

  • (e) a consul, vice-consul, acting consul, pro-consul or consular agent of Her Majesty exercising his functions in any foreign place and certified under his official seal.

  • R.S., c. S-19, s. 87.
Marginal note:No proof required of signature or seal of commissioner

 Every document purporting to have affixed, imprinted or subscribed thereon or thereto the signature of

  • (a) a commissioner appointed under this Act,

  • (b) a person authorized to take affidavits to be used in any of the superior courts of any province, or

  • (c) any one of the persons referred to in paragraphs 82(a) to (e), whose signature is certified in the manner therein provided,

in testimony of any oath, affidavit, declaration or solemn affirmation having been administered, taken, sworn, made or affirmed by or before that person, shall be admitted in evidence without proof of the signature or seal or official character of that person.

  • R.S., c. S-19, s. 88.