Who Can Commission an Affidavit in BC? Commissioners of Oaths, In Person or by Video

If a court, insurer or government office has asked for a sworn affidavit or a statutory declaration, you need to sign it in front of someone with legal authority to take your oath. Many people search for a "commissioner of oaths". In British Columbia the official title is a commissioner for taking affidavits for British Columbia.

This guide explains who holds that authority in BC, what the commissioner actually does, when an affidavit can be sworn over video and what to have ready, so your appointment goes smoothly whether it is in person or on screen.

"Commissioner of oaths" and "commissioner for taking affidavits" are the same job

"Commissioner of oaths" is the phrase used in some other provinces and in everyday searches. BC's Evidence Act uses "commissioner for taking affidavits for British Columbia". Either way, the commissioner administers the oath or affirmation, satisfies themselves about who you are, and signs the statement at the end of the document, called the jurat, confirming that you swore or affirmed it in front of them. If you would rather not swear an oath, you can make a solemn affirmation instead (Evidence Act section 20).

Under section 59 of the Evidence Act, a BC commissioner may administer oaths and take affidavits, declarations and affirmations, in or out of British Columbia, for any proceeding in a BC court and for any matter where the law permits or requires a sworn or declared statement.

Who is a commissioner in BC

Some people are commissioners automatically because of their office or job. Section 60 of the Evidence Act lists them, including:

• Practising lawyers. Every lawyer who holds or is entitled to hold a practising certificate. A practising lawyer may also act as a notary public in BC (Legal Profession Act section 14).
• Judges and court registrars. Judges of BC courts, and registrars and deputy registrars of the Supreme Court.
• Certain public officials. For example, local government corporate officers, school board secretary treasurers and government agents.
• Other prescribed groups. A regulation adds groups such as articled students and some family justice and court staff.

The Province's guidance on commissioners also says that lawyers and notaries public are commissioners because of their employment, and that Service BC staff at locations across the province are commissioners.

Appointed commissioners have limits

The Attorney General can also appoint commissioners under section 56 of the Evidence Act, usually because their job or volunteer role involves taking oaths. Those appointments carry restrictions, and the Province's guidance says an appointed commissioner cannot provide commissioning services outside that work. If you are relying on a workplace or community commissioner, ask whether your document is within what they are allowed to commission.

Affidavit, statutory declaration or notarization?

An affidavit is a written statement of facts that you swear or affirm is true, usually for a court case. A statutory declaration is a solemn declaration, often used for insurance claims and government applications. Both are taken by a commissioner. Our guide to affidavits and statutory declarations explains which one you need.

A document going to another country is different. It often needs a notary public's signature and seal rather than a commissioner's stamp. The Province's document authentication program lists the wrong seal as a reason for returning a document, for example where it was signed as a commissioner rather than as a notary. Read more about what a lawyer-notary can sign and certify and how the apostille works for BC documents.

Can an affidavit be sworn by video in BC?

Yes, for BC Supreme Court proceedings. Since 9 September 2024, the Supreme Court Civil Rules (Rule 22-2(6.1)) and the Supreme Court Family Rules (Rule 10-4(6.1)) expressly allow you to swear or affirm an affidavit before a commissioner by video conference. Two things follow:

• The affidavit must say so. Its last numbered paragraph has to state that you were not physically present before the commissioner but were before them by video conference.
• It is treated as sworn where the commissioner is. For the purposes of the rule, the affidavit is considered sworn in the commissioner's presence and at the commissioner's location.

The Law Society of BC's Code of Professional Conduct sets out how a lawyer commissions remotely, and notes that appearing in person is still preferable. On video, you show the front and back of valid, current government photo ID. You and the lawyer both have the full affidavit and every exhibit in front of you and confirm the wording matches. The lawyer administers the oath or affirmation while you are both on camera, and you sign and send the document back: electronically where an electronic signature is permitted, or on a paper copy signed in ink and scanned where it is not. The lawyer checks that what comes back matches what you reviewed before signing as commissioner.

Two limits are worth knowing. If you are outside BC, the Code says remote commissioning should not be used unless the lawyer is satisfied there is no other practical way to have the document commissioned under the procedures where you are; our guide to commissioning for another province or for someone outside BC covers this. And what a court accepts as evidence is ultimately for the court to decide. If the document is not for a BC court, ask the recipient first whether it accepts a document commissioned by video. Our earlier guide covers notarizing and commissioning by video in more detail.

What to have ready for your appointment

• The unsigned document. Do not sign it in advance. You sign in front of the commissioner, in person or on camera.
• Every exhibit. For BC Supreme Court affidavits, the commissioner signs a certificate on each exhibit identifying it (Supreme Court Civil Rules Rule 22-2(8)), so bring or send them all. See how exhibits and oaths work for BC court affidavits.
• Valid photo identification. Current, government-issued photo ID.
• For a video appointment. A device with a working camera and microphone, a quiet private room, and a way to scan or save and send the signed pages straight after the call.

Our checklist for notary appointments covers originals and identification in more detail.

Need an affidavit or declaration sworn? Book in person or by video

Our notary services team can review your affidavit or statutory declaration before you swear it, check the exhibits, and commission it at our office or, where the rules allow, by video.

Call 604-259-2844 or send us a message to arrange a consultation by video or at our Vancouver office.