Commissioner for Taking Affidavits
FCNB administers the Commissioners for Taking Affidavits Act on behalf of the Minister of Justice who is responsible for the appointment of individuals to act as commissioner of oaths (as detailed in the Act). A commissioner can administer oaths and take and receive affidavits, declarations, and affirmations within New Brunswick. The appointment as a commissioner is valid, unless revoked, for five years.
Those wishing to be appointed as a commissioner of oaths must complete and submit an 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.
All new applicants are required to attach a completed criminal record check, conducted at a detachment of the RCMP or a municipal or provincial police force, or an approved background check vendor, which has been issued in the last six months.
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 FCNB along with a $75 appointment fee, payable to the Financial and Consumer Services Commission. This application fee does not apply to a person employed in the Civil Service as defined in the Civil Service Act if such appointment or renewal is made upon the recommendation of a deputy head. A letter from their deputy minister must accompany the Certificate of Competency in order to waive the fee.