Notarial and Authentication (Apostille)
Commissioners for oaths have the power to administer oaths required by legislation or regulation. In addition to the persons authorized by the Minister of Justice to act as a commissioner for oaths, the following, by virtue of their status, may receive oaths:
court clerks and deputy clerks;
lawyers;
notaries;
mayors, clerks and secretary-treasurers in all municipalities, but only within the limits of their municipality;
the Secretary General, associate secretaries general and associate secretaries of the National Assembly; and
justices of the peace.
Commissioners for oaths may, during their appointment, receive oaths only in the judicial district or districts where they have jurisdiction but the oaths are valid in all courts of justice, in all judicial districts of Québec, unless a court determines that an oath is invalid because of irregularities in the administration of the oath.
Commissioners for oaths are not required to verify the truthfulness of the facts alleged in an affidavit being sworn, but must ensure that the affidavit is properly completed and that the person is in full possession of his or her mental faculties.
Deponents are responsible for the statement of the facts to which they are swearing. They must sign the document in the presence of the commissioner for oaths even though they may have previously signed it, because the commissioner must be able to attest to the deponent’s oath and signature.
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