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HomeMy WebLinkAboutL 27/98_ N 51 WOR OF p4 S "4}Cyybi REPORT TO COUNCIL FROM: Penny Wyger DATE: February 20,1998 Town Solicitor REPORTNUMBER: L027198 SUBJECT: Commissioners for taking Affidavits -File: C0000 RECOMMENDATION: That this report be received by Council for information purposes. ORIGIN: Inquiries by Council Members. AUTHORITY: Commissioners for raking Affidavits Act R.S.O. 1990 c. C.17. FINANCIAL IMPLICATIONS: None BACKGROUND: A Commissioner for taking Affidavits has the power to administer oaths and take affidavits in proceedings to be had in any Court in Ontario or on declarations that may be required under any Act in Ontario. Section I of the Commissioners for takin,4 Afdavits Act (the "Act ") specifies that certain individuals by virtue of their office arc Commissioners for taking Affidavits in Ontario. The list includes "members ofcity councils ". In my opinion, based on my review of the provisions of the Interpretations Act and the Municipal Member of the Town's Council other than the Mayor, are no Commissioners for taking Affidavits in Ontario by virtue of their office. Council should be aware that the following Town personnel arc Commissioners by virtue of their offices: the Mayor, the Town Clerk, the Treasurer, the Town Solicitor and the General Manager while exercising powers as the Acting Town Clerk. Upon application by the Town, the following additional staff positions have been appointed to be Commissioners: the Manager of Legal Services; the Property Compliance Clerk, the Information Clerk; the Legal Services Clerk and the Planning Clerk. Those appointments arc limited in scope and only apply to work done in connection with the business of the Corporation of the Town of Pickering. The Act outlines the duty of Commissioners in the administration of oaths and conta ;ns offence provisions for failure to comply with the Act. If Council desires, the Clerk upon payment of the prescribed fee, can make application for any mcmber(s) of Council to become a Commissioner for taking Affidavits should Council determine it appropriate to do so. Such appointments would be subject to such limits as to duration, territory or purpose as the Lieutenant Governor may specify in the appointment. This report is submitted for the information of Council. ATTACHMENTS: Commissioners for taking Affidavits Act, Penny W Copy: General Manager 52 aa.,4 ay .arcs ta,■ Commissioners for gklnjl AMdavits Act 1. --(I) The tolbwing, by virtue of offing, are commissiCnen for taking affidavits In Ontario: I. Memben of the Assembly. 2. Provincial Judges and Justices of the Peace. 7. Barristers and solicitors entitled to practise law In Ontario. R.S,O. 1980, e. 75, s. 2 (1, 2);1989. c. 16, a. 27 (1), raised. (2) The following, by virtue of office, are commissioners for taking affidavits in the county, territorial district, metropolitan, dii. trict or regional municipality In which their local municipality is situate: 1. Clerks, deputy clerks and treasurers of local municipalities. 2. The administrative heads and deputy administrative heads of departments mpoasIble for building standards, welfare, assessment or planning, and the medical officer of health of every local municipality that his a popula• lion of at least 100,000, but Orly for the purposes of the Whirs of the municipality. ). The heads of municipal councils, reeves of towns, deputy reeves and members of city councils. R.S.O. 1980, e. 75, s. 2 (S), pan, s. 2 (e, 5), rrvind. ter'° (7) The clerk, deputy ekrk and uasurtr Of every County, metropolitan, district and regbnsl municipality tae, by virtue of oifia, commhslon'. for taking affidavits in their rape Clive munktpalilies. R.S.O. 1980, e. 75, a. 2 (J), fwn. mind. ss1° (e) The chair, vice-chili and secretary• irasuler of every Imptovemenl district tae, by virtue of office, commissioners for taking affidavits In she county or territorial district In whkh their respective imptovemenl dis' Islets are situate. R.S.O. 1980, e. 75, a. 2 (6), mind. r°v'a 2. The Judges and local registrars of the Ontario Court (General Division) may take affidavits required to be taken In their rappaxt1ive areas. R.S.O. 1980, e, 75, a. S, «virrd. C-b- S'. The Lieutenant Governor may confer s we,a upon such officers and employees of the V-1-1 Income Tar Division, the Department of national Revenue (Canada) or of any minls. try of the Government of Ontario as he or she dedgmtes run power to administer oaths and like affidavits In connection with the ppeerfommnce of their officlal duties, but Um. [tad as the Lieutenant Governor may deter. may be a nled commissioners for taking affidavits in Ontario for the purposes of the affairs of the corpotatioo. R.S,0. 1960, e. 75, a. S (1, 2). ,ref° (7) Commhlbners appointed under this aectioo shall be appointed for a Ihrce•year Period and Their appointment may be renewed. Sisk a A . eommleisilonemfor taking affidavits in and for The courts in Ontario". R.S.O. 1980, C. 75, L S (l, e), revbrd. its al S. Every commissioner whose commission ice limited in its duration or as to territory or Purpose shall Indicate the limitation by means of a sump approved by the inspector of Legal Offices armed under his or her sig. nature. R.S.O. 19M, e. 75, a, 6. E'um, to at 6. Every commissioner may lake any gin. ,n-iwq davit in anywise concerning any proceeding to be had in any court In Ontario or before a Judge of any such court, and in or concerning any application or matter made or pending before any Judge of any court In Ontario which by any statute such Judge is authorized to hear and determinb or in which he or the is authorized to nuke an order, although the application or matter be not made or depending in any court. R.S.O. 1980, e. 75, a. 7 C Ne 7. Every Commissioner has power to take me k un declarations in cases In which declarations nee, may be taken or may be required under any Act In force !n Ontario. R.S.O. 1980, c. 75, a. 8. cons w S. The Lkutemnt Governor may revoke ,sdw the commission or any commissioner. R.S.O. 1980, c. 75, a. 9. mid°: 9. Every oath and declaration shall be tad,,,, eta, taken by the deponent In the presence of The m be a commissioner, notary public, justice of the eda race or other officer or person administer• rag the oath of declaration who shall satisfy himself or herself of the genuineness of the signature of the deponent or declarant and shall administer the oath or declaration In the manner required by law before slMing the just or declaration. RS.O. 1980, e. 75, t. 10. Ofk- 10. Every commissioner, notary public, Justice of she peace or other officer or person administering an Calls or declaration who st {{ns a jurat a declaration without the due admtnbtratbn of the oath or declaration is guilty of an offence and on Conviction h He. ble to a fine or not more than $2,000. R.S.O. 1960. c. 75, a. 11;1989, c. 72, a. 9 (q. Off- II. Every one who in any action or pro- ceeding or upon any application or other proceeding out of court, or for the par of making or maintaining any claim, nes, registers or uses or in any other manner makes use of any oath, affidavit or declare• lion know that it w not taken, swum to or made incorag was nformity with section 91s gusty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1980, e. 75.1. 12;1989, c. 72, 1.9(2). r0 r'ee 12. Upon conviction for an oftener under a:�°'t"• this Act, the commission or appointment of a °f commissioner for taking affidavits or notary public may be ancelled or revoked by the constituting authority, R.5 0. IM, c, 75, a. 17;1989. c. 16, a. 27 (2). R'NU101 13. The Lkulanant Oovemor In Council may make regulations respecting the fee payable to the Crown and the fees fmlvabta br comminloners under this Act. R.S.O. 1980, C. 7S., 14. mine. R.S.O. 199D, e. 75, a. e. eafrd f"'r 4.-(1) The Lieutenant Oovemor may by ,sz,n commission empower any person or the a`e of eighteen years or over to administer oaths by law and like affidavits authorized within or outside Ontario or subject to such limits as to duration, territory or purpose u the Lleutenant Governor may specify In the appointment. y" (2) Upon application therefor and pay. as wpm. me it of the prescribed fee, (a) The secretary and treasurer of each corpora ft with share capital or boot. porsted under the Co-operedw Corpo. rodom Act that has Its head office In Ontario; and (b) the principal officer In each branch office In Ontario of a corporation with there apical of Incorporated under the Co-oprroNw Corpondoru Ad, may be a nled commissioners for taking affidavits in Ontario for the purposes of the affairs of the corpotatioo. R.S,0. 1960, e. 75, a. S (1, 2). ,ref° (7) Commhlbners appointed under this aectioo shall be appointed for a Ihrce•year Period and Their appointment may be renewed. Sisk a A . eommleisilonemfor taking affidavits in and for The courts in Ontario". R.S.O. 1980, C. 75, L S (l, e), revbrd. its al S. Every commissioner whose commission ice limited in its duration or as to territory or Purpose shall Indicate the limitation by means of a sump approved by the inspector of Legal Offices armed under his or her sig. nature. R.S.O. 19M, e. 75, a, 6. E'um, to at 6. Every commissioner may lake any gin. ,n-iwq davit in anywise concerning any proceeding to be had in any court In Ontario or before a Judge of any such court, and in or concerning any application or matter made or pending before any Judge of any court In Ontario which by any statute such Judge is authorized to hear and determinb or in which he or the is authorized to nuke an order, although the application or matter be not made or depending in any court. R.S.O. 1980, e. 75, a. 7 C Ne 7. Every Commissioner has power to take me k un declarations in cases In which declarations nee, may be taken or may be required under any Act In force !n Ontario. R.S.O. 1980, c. 75, a. 8. cons w S. The Lkutemnt Governor may revoke ,sdw the commission or any commissioner. R.S.O. 1980, c. 75, a. 9. mid°: 9. Every oath and declaration shall be tad,,,, eta, taken by the deponent In the presence of The m be a commissioner, notary public, justice of the eda race or other officer or person administer• rag the oath of declaration who shall satisfy himself or herself of the genuineness of the signature of the deponent or declarant and shall administer the oath or declaration In the manner required by law before slMing the just or declaration. RS.O. 1980, e. 75, t. 10. Ofk- 10. Every commissioner, notary public, Justice of she peace or other officer or person administering an Calls or declaration who st {{ns a jurat a declaration without the due admtnbtratbn of the oath or declaration is guilty of an offence and on Conviction h He. ble to a fine or not more than $2,000. R.S.O. 1960. c. 75, a. 11;1989, c. 72, a. 9 (q. Off- II. Every one who in any action or pro- ceeding or upon any application or other proceeding out of court, or for the par of making or maintaining any claim, nes, registers or uses or in any other manner makes use of any oath, affidavit or declare• lion know that it w not taken, swum to or made incorag was nformity with section 91s gusty of an offence and on conviction is liable to a fine of not more than $2,000. R.S.O. 1980, e. 75.1. 12;1989, c. 72, 1.9(2). r0 r'ee 12. Upon conviction for an oftener under a:�°'t"• this Act, the commission or appointment of a °f commissioner for taking affidavits or notary public may be ancelled or revoked by the constituting authority, R.5 0. IM, c, 75, a. 17;1989. c. 16, a. 27 (2). R'NU101 13. The Lkulanant Oovemor In Council may make regulations respecting the fee payable to the Crown and the fees fmlvabta br comminloners under this Act. R.S.O. 1980, C. 7S., 14.