Oaths of Allegiance Act (R.S.C., 1985, c. O-1)

Act current to 2019-06-06

Oaths of Allegiance Act

R.S.C., 1985, c. O-1

An Act respecting oaths of allegiance

Short Title

Marginal note:Short title

 This Act may be cited as the Oaths of Allegiance Act.

  • R.S., c. O-1, s. 1

Oath of Allegiance

Marginal note:Oath of allegiance

  •  (1) Every person who, either of his own accord or in compliance with any lawful requirement made of the person, or in obedience to the directions of any Act or law in force in Canada, except the Constitution Act, 1867 and the Citizenship Act, desires to take an oath of allegiance shall have administered and take the oath in the following form, and no other:

    I, ...................., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors. So help me God.

  • Marginal note:Demise of the Crown

    (2) Where there is a demise of the Crown, there shall be substituted in the oath of allegiance the name of the Sovereign for the time being.

  • R.S., c. O-1, s. 2
  • 1974-75-76, c. 108, s. 39

Solemn Affirmation

Marginal note:Solemn affirmation of allegiance may be substituted

 Every person allowed by law in civil cases to solemnly affirm instead of taking an oath shall be permitted to take a solemn affirmation of allegiance in the like terms, with such modifications as the circumstances require, as the oath of allegiance, and that affirmation, taken before the proper officer, shall in all cases be accepted from the person in lieu of the oath and has the like effect as the oath.

  • R.S., c. O-1, s. 5

Regulations

Marginal note:Regulations respecting oath of allegiance and oath of office

 The Governor in Council may make regulations requiring any person appointed to or holding an office that is under the legislative authority of Parliament

  • (a) to take the oath of allegiance set out in section 2 notwithstanding that the taking of the oath is not required by any other law; and

  • (b) to take an oath of office in the form prescribed by the regulations for the faithful performance of the duties of that office, in any case in which the form of such oath is not prescribed by any other law.

  • R.S., c. O-1, s. 2

General

Marginal note:No other oath necessary

 It is not necessary for any person appointed to any public office, for any mayor or other officer or member of any corporation, or for any person admitted, called or received as a barrister, advocate, notary public, attorney, solicitor or proctor, to make any declaration or subscription, or to take or subscribe any oath other than the oath of allegiance set out in section 2 and such other oath for the faithful performance of the duties of the office, or for the due exercise of the profession or calling, as is required by any law.

  • R.S., c. O-1, s. 3

Marginal note:Time for taking oath

 The oath of allegiance set out in section 2, together with the oath of office or oath for the due exercise of any profession or calling, shall be taken within the period and in the manner, and subject to the disabilities and penalties for the omission thereof, provided by law with respect to such oaths.

  • R.S., c. O-1, s. 4

Marginal note:By whom administered

 All justices of the peace and other officers lawfully authorized either by virtue of their office or by special commission from the Crown may administer the oath of allegiance set out in section 2 or receive a solemn affirmation of allegiance.

  • R.S., c. O-1, s. 6
 
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