Commissioner for Oaths Frequently Asked Questions

  1. What is the difference between a Notary Public and a Commissioner for Oaths?
  2. How do I apply to be a Commissioner for Oaths?
  3. What application process is required for the general public?
  4. Is a Criminal Record Check or Certificate of Conduct required?
  5. What is the process required for Provincial Government Employees?
  6. How much does it cost to become a Commissioner for Oaths?
  7. How do I submit payment and my application form?
  8. How long will it take to process my application?
  9. How long are appointments for Commissioner for Oaths?
  10. My appointment has expired and I applied to renew my commission but have not received my new certificate. Can I still commission documents?
  11. Does a Mayor or Chairperson of a Municipality have to apply to become a Commissioner for Oaths?
  12. Who may be a Commissioner for Oaths by virtue of their status?
  13. When do you need an affidavit?
  14. Can a Commissioner for Oaths refuse to take an affidavit?
  15. How do I obtain a Commissioner for Oaths stamp?
  16. Can a Commissioner for Oaths officiate weddings?

1. What is the difference between a Notary Public and a Commissioner for Oaths?

A Commissioner for Oaths is NOT a Notary Public.  A Commissioner for Oaths and a Notary Public can both administer oaths and take affidavits, affirmations and declarations. Commissioners for Oaths:

  • CANNOT verify true copies of documents;
  • CANNOT administer affidavits or statutory declarations to be used outside of Newfoundland and Labrador; and
  • CANNOT issue deeds and contracts.

For more information on the role of a Notary Public, click Here.

2. How do I apply to be a Commissioner for Oaths?

Application must be completed and submitted to the Minister of Justice and Public Safety. This applies to new requests and renewals.

The official application can be found . Applications provided in another form or submitted on previous versions of the application form will not be accepted.

NOTE: Individuals who are a Commissioner for Oaths by virtue of their status need not apply. (link to question 8 found below)

3. What application process is required for the general public?

For members of the public applying for the first time, the application requires a $100 fee and provision of a recent Criminal Record Check completed within the last six months. The application also requires your name, address, employment information and two references. Also required is a detailed explanation on why you are seeking an appointment, as applications are assessed primarily on whether a designation is necessary for employment or if there is an identified community based need. Incomplete applications or applications with insufficient details will not be processed or could result in the application being denied. Renewal applications do not require a record check.

The official application can be found . Applications provided in another form or submitted on previous versions of the application form will not be accepted.

4. Is a Criminal Record Check or Certificate of Conduct required?

Yes. For new applications from the general public, a Criminal Record Check or Certificate of Conduct from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police, or a reputable vendor, such as Commissionaires, is required to be provided along with your completed application and fee payment. The Criminal Record Check must be recent and completed within at least the previous six months from the date you submitted your application.

5. What is the process required for Provincial Government Employees?

Section 7 of the Commissioner for Oaths Act (the Act) states that government employees who require Commissioner for Oaths status for the purposes of their employment may be designated as commissioners by their Minister.

The Chief Executive Officer (CEO) of NL Health Services may designate an employee of NL Health Services who requires Commissioner for Oaths status for employment purposes may also be designated by the CEO.

Government and NL Health Services employees are required to complete the government employee application form, and must provide the Department of Justice and Public Safety with a letter from their departmental Minister (or Deputy Minister) or CEO stating that the employee has been designated as a Commissioner for Oaths under Section 7(1) of the Commissioner for Oaths Act for work purposes.

As per Section 7 of the Act, Government and NL Health Services employees who are appointed under Section 7 of the Act will continue as commissioners so long as the employee holds their current office with the Government or NL Health Services and continue to be designated by their relevant Minister, Deputy Minister, or CEO.

6. How much does it cost to become a Commissioner for Oaths?

There is a fee of $100.00 for members of the general public. Employees of the Government of Newfoundland and Labrador, NL Health Services and members of the clergy are exempt from paying this fee.

7. How do I submit payment and my application form?

Applications require proof of payment in order to be processed. Payment may be received through one of the following:

  1. Cheque or money order should be made payable to the Newfoundland Exchequer. Payment, completed application, and a criminal records check can be mailed to the Department of Justice and Public Safety; or,
  2. Credit card payments via telephone only – Payment may be arranged by contacting the Central Cashier’s Office at 729-3042. The completed application, criminal records check and the receipt number should be emailed, mailed or faxed to the Department of Justice and Public Safety.

Return completed applications to:

Email: CommissionerForOaths@gov.nl.ca

Mail: Department of Justice and Public Safety

P.O. Box 8700

St. John’s, NL  A1B 4J6

Fax: (709) 729-2129

8. How long will it take to process my application?

Please allow a minimum of 90 days from date of receipt at the Department of Justice and Public Safety. This is an approximate processing time and is provided as a guideline only. Due to the volume of applications received by the Department of Justice and Public Safety, enquiries on the status of your application may not be returned if made under the 90-day minimum processing time.

You may renew your commission at any point during the fifth year of your appointment. Appointments expire five years from the last calendar day (December 31st) of the year in which the appointment was made. You are strongly advised to submit your renewal application at least 90 days, or earlier, prior to December 31 to avoid delays in processing.

9. How long are appointments for Commissioner for Oaths?

Appointments are for five years from the last calendar day of the year in which the appointment was made. Government and NL Health Services employees appointed under Section 7 of the Act continue as commissioners as long as they hold the position for which they were designated. You may renew your commission at any time during the fifth year of your appointment. This will not affect the December 31 expiry date. You are strongly advised to submit your renewal application at least 90 days, or earlier, prior to December 31 to minimize delays in processing.

10. My appointment has expired and I applied to renew my commission but have not received my new certificate. Can I still commission documents?

No, you cannot commission documents unless you have a valid unexpired certificate. You may renew your commission at any point during the fifth year of your appointment and the Department of Justice and Public Safety strongly advises you to submit renewal applications at least 90 days, or earlier, prior to December 31 of the fifth year of your appointment to avoid delays in processing and receiving a new certificate. Due to the volume of applications received by the Department of Justice and Public Safety, enquiries on the status of applications may not be provided if under the 90-day minimum processing time.

11. Does a Mayor or Chairperson of a Municipality have to apply to become a Commissioner for Oaths?

Every Mayor and Chairperson of every municipality in the Province is, by virtue of office, a Commissioner for Oaths for the period they hold office.

12. Who may be a Commissioner for Oaths by virtue of their Office?

These people are Commissioners for Oaths because of their office:

  • Barrister/Lawyer
  • Member of the House of Assembly
  • Mayor or Chairperson of a municipality under the Municipalities Act 1999.

13. When do you need an affidavit?

You may need an affidavit or declaration when you are:

  • in court, for example, small claims, family or civil court
  • applying to change a court order
  • transferring ownership of a used vehicle to another person
  • estate planning
  • applying for a municipal licence or an exception to a zoning restriction

14. Can a Commissioner for Oaths refuse to take an affidavit?

Yes. Documents signed by a Commissioner for Oaths could go to court. Since the Commissioner for Oaths must be able to defend these documents, they may refuse to take an affidavit for valid reasons.

 15. How do I obtain a Commissioner for Oaths stamp?

Commissioner for Oaths stamps must be ordered personally from an office supply company or store. Stamps are not provided by the Department of Justice and Public Safety

16. Can a Commissioner for Oaths officiate weddings?

No. The Commissioner for Oaths is not a Marriage Commissioner and cannot officiate weddings. A marriage commissioner licence is required to legally authorize an appointee to perform civil marriage ceremonies in Newfoundland and Labrador. Digital Government and Service NL, not the Department of Justice and Public Safety, issues marriage commissioner licences. The application to apply to be a Marriage Commissioner can be found here.