The Minister of Justice can appoint individuals to act as commissioner of oaths, as detailed in the Commissioners for Taking Affidavits Act. A commissioner can administer oaths and take and receive affidavits, declarations and affirmations within New Brunswick. An individual must apply to the Minister indicating their reason for the request for appointment. The appointment as a commissioner is valid, unless revoked, for five years.
Individuals wishing to be appointed as a commissioner of oaths must complete and submit Form 1 - Application for Appointment as a Commissioner of Oaths. Applicants must be a Canadian citizen who is at least 19 years of age and who is free of any criminal convictions relevant to the appointment.
Once an application has been processed the applicant will receive the Commissioner of Oaths Handbook. Applicants must study the handbook in order to pass an oral examination with the Clerk of the Court. This examination must be completed within one year of the date of application.
A Certificate of Competency will be issued by the Clerk of the Court when the applicant passes the exam. This certificate must then be forwarded to the Consumer Affairs Division along with a $75 appointment fee, payable to the Financial and Consumer Services Commission. This application fee does not apply to provincial government employees who are obtaining the appointment to assist them in their employment with the Province of New Brunswick. A letter from their Deputy Minister must accompany the Certificate of Competency in order to waive the fee.