Legal Question in Family Law in Canada

witnessing an affidavit

What's the difference between a notary public witness and a commissioner of oath witnessing a signature to an affidavit?


Asked on 8/07/08, 12:39 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: witnessing an affidavit

In British Columbia, generally a Commissioner is limited to taking an oath on documents for use within the Province while those which a Notary Public has sworn may be used outside the Province.

Some Commissioenrs are limited to swearing documents for a limited purpose, such as in certain government offices; documents sworn before such a Commissioner may only be used for the business of that Commissioner's particular department or office.

There are exceptions and some jurisdictins may accept documents sworn by a Commissioner in another jurisdiction and some require a Notary's signature to be guaranteed by a governmental authority, such as the Lietenant-Governor of British Columbia.

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Answered on 8/07/08, 2:24 pm


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