Everything you need to know about Commissioners for Oaths in Saskatchewan—what they do, when you need one, and how they differ from Notaries Public.
Whether you're swearing an affidavit, making a statutory declaration, or signing legal documents that require witnessing, you'll likely need the services of a Commissioner for Oaths in Saskatchewan. But what exactly is a Commissioner for Oaths, and when do you need one?
This comprehensive guide explains everything about Commissioners for Oaths in Saskatchewan, including their powers, limitations, and how they differ from Notaries Public.
A Commissioner for Oaths is a person appointed by the Saskatchewan government with legal authority to:
In Saskatchewan, Commissioners for Oaths are appointed under The Commissioners for Oaths Act, 2010. This appointment gives them specific legal powers to verify statements made under oath or affirmation.
The primary role of a Commissioner for Oaths is to formally witness someone swearing to the truth of a statement or document.
Oath: A solemn promise made while calling on God or a higher power as witness to your truthfulness.
Affirmation: A solemn declaration made without religious reference, but with equal legal weight. Many people prefer affirmations for personal or religious reasons.
Both oaths and affirmations carry the same legal consequences—if you lie, you can be prosecuted for perjury.
An affidavit is a written statement of facts that someone swears or affirms to be true. Affidavits are used extensively in legal proceedings because they allow people to present evidence in writing rather than appearing in court.
Common affidavits include:
A statutory declaration is a formal statement declaring something to be true. It's similar to an affidavit but is generally used outside of court proceedings.
Common uses of statutory declarations:
Commissioners for Oaths can witness signatures on various legal documents, though some documents require higher authority (notaries or lawyers).
You'll need a Commissioner for Oaths in these common situations:
Legal Proceedings
Real Estate Transactions
Government Applications
Employment Matters
Personal Matters
Business Documents
This is where things get interesting—and sometimes confusing—in Saskatchewan.
Commissioners for Oaths can only operate within Saskatchewan. Their powers are limited to:
Notaries Public can do everything a Commissioner for Oaths can do, PLUS:
Use a Commissioner for Oaths if:
Use a Notary Public if:
In Saskatchewan, many legal professionals hold both appointments, so they can provide whichever service you need.
Under Saskatchewan law, the following people are automatically Commissioners for Oaths:
Legal Professionals
Government Officials
Financial Institutions
Others
To ensure smooth, efficient service:
The Document: Bring the original document that needs to be sworn or affirmed. Most commissioners won't work from copies.
Photo ID: Government-issued photo identification (driver's license, passport, or photo ID card). You must prove who you are.
Blank Document: Don't sign the document beforehand. You must sign in the commissioner's presence.
All Required Copies: If you need multiple originals, bring all copies unsigned.
Payment: Cash or method of payment (if there's a fee).
Here's what happens when you swear an affidavit or declaration:
1. Identification: The commissioner verifies your identity using government-issued photo ID.
2. Review: The commissioner may review the document to ensure it's properly formatted and ready for swearing.
3. The Oath/Affirmation: You'll be asked whether you wish to swear an oath (religious) or make an affirmation (non-religious).
4. Solemn Promise: The commissioner will ask you to confirm that the contents of the document are true. For an oath, you might say "I swear that the contents of this affidavit are true, so help me God." For an affirmation: "I affirm that the contents of this affidavit are true."
5. Signing: You sign the document in the commissioner's presence.
6. Commissioner's Signature: The commissioner signs and seals the document, completing the jurat (the formal certification at the end).
7. Dating: The document is dated with the date service was performed.
In Saskatchewan, Commissioners for Oaths fees are not regulated by the government, so they vary:
Free Services: Many commissioners offer free service, including:
Paid Services:
Where to Get Free Service:
Your Lawyer: If you have a lawyer, they can usually provide commissioner services.
Law Firms: Most law firms have commissioners available, though they may only serve their clients.
Government Offices: Many Saskatchewan government offices have commissioners available during business hours.
Banks and Credit Unions: Financial institutions often have commissioners for their customers.
Private Commissioners: Independent commissioners advertise their services and may offer flexible hours and mobile service.
Process Serving Companies: Many process servers (like us) are also Commissioners for Oaths.
Court Documents
Government Forms
Personal Documents
Business Documents
When you swear an affidavit or make a statutory declaration, you're doing so under penalty of perjury. If you knowingly make false statements, you can be:
Only swear or affirm to statements that you know to be true. If you're unsure about something, don't swear to it.
Always read the entire document before swearing it. Don't rely on someone else's explanation of what it says.
If you don't understand something in the document, ask for clarification before proceeding.
Yes. Commissioners can and should refuse to provide service in certain circumstances:
If You Haven't Read the Document: They should ensure you understand what you're swearing to.
If You Appear Unsure or Coerced: They must be confident you're acting voluntarily.
If You Don't Have Proper ID: They must verify your identity.
If the Document is Improperly Prepared: Some commissioners won't swear documents with obvious errors.
If They Have a Conflict of Interest: They shouldn't swear documents in matters where they're involved.
Legal matters don't always happen during business hours. Some commissioners offer:
This flexibility is especially valuable for:
At South Sask Process Services, we provide professional Commissioner for Oaths services throughout Saskatchewan:
Available 24/7: Legal emergencies don't wait for business hours Mobile Service: We can come to your home, office, hospital, or other location Competitive Rates: Affordable fees for all oath services Professional Service: Experienced in all types of affidavits and declarations Notary Services Also Available: We can provide notary services when needed
Common services we provide:
Q: Can a Commissioner for Oaths certify true copies of documents? A: No, only Notaries Public can certify true copies in Saskatchewan. Commissioners can witness original documents but cannot certify copies.
Q: Can documents sworn before a Saskatchewan Commissioner for Oaths be used in other provinces? A: Generally yes, though some jurisdictions may prefer documents notarized by a Notary Public. Check with the receiving jurisdiction.
Q: How long does it take to swear an affidavit? A: Usually just a few minutes—time to verify ID, review the document, swear the oath, and sign.
Q: Can I use a Commissioner for Oaths for documents going to the United States or overseas? A: For international use, you typically need a Notary Public and possibly authentication/apostille services.
Q: What if I make a mistake in my affidavit after it's sworn? A: You'll generally need to prepare and swear a new affidavit with the corrections.
When you need a Commissioner for Oaths in Saskatchewan, South Sask Process Services is here to help:
Email: info@southsaskprocess.ca
We provide professional, reliable Commissioner for Oaths services throughout Saskatchewan, including mobile service to your location when needed.
Whether you need an affidavit sworn for court, a statutory declaration for government, or any other oath services, contact us today. We're available around the clock to meet your needs.
Contact South Sask Process Services for expert legal process serving, notary services, and more across Saskatchewan.
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