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Commissioner for Oaths in Québec: Role, Powers, and Limits

When a form asks to be "signed before a Commissioner for Oaths," it's natural to wonder exactly what that person does.

A Commissioner for Oaths has one specific function: to receive a person's oath when one is required or permitted.

Their role should not be confused with that of a notary, a lawyer, or an authority responsible for certifying documents.

What is a Commissioner for Oaths?

In Québec, commissioners are appointed to receive people's oaths in situations where one is required or allowed.

The Government of Québec also maintains a registry that lets you search for certain commissioners and verify a commissioner's status.

What does "taking an oath" mean?

Taking an oath means solemnly declaring that what is written or stated is true.

The commissioner receives that declaration.

For a written document, the oath generally relates directly to that specific document.

What can a commissioner do?

According to the Government of Québec, a commissioner can in particular administer an oath:

  • in Québec;
  • remotely;
  • and, where the scope of their commission allows it, in certain situations outside Québec.

They can also receive the oath of a person they don't personally know.

Canadian citizenship of the declarant is not a general requirement for taking an oath before a commissioner.

Does the commissioner check whether my statement is true?

Not necessarily.

The Government of Québec specifies that the commissioner is not required to verify the accuracy of the declaration's content.

It's the declarant who affirms under oath that the information declared is true.

This distinction is fundamental.

The commissioner does not turn information into a proven fact simply by receiving the oath.

Can the commissioner authenticate my identity?

The general function of a Commissioner for Oaths is not to "validate or confirm" a person's identity as a standalone identity-verification service.

Some checks may still be necessary for the proceeding itself, or for the technological means used.

That doesn't turn an oath into a general identity-certification service.

Can they certify a true copy?

A Commissioner for Oaths does not, simply by virtue of that function, have the general power to certify a copy as conforming to an original.

If an organization requires a certified true copy, it's important to follow its precise instructions.

In some contexts, an organization may accept that a person declares under oath that a copy matches its original. That's a declaration by that person, not an independent certification performed by the commissioner.

Can they give legal advice?

Being a Commissioner for Oaths does not, by itself, grant the right to provide legal services reserved for other professionals.

The commissioner receives the oath.

If you need to:

  • interpret a contract;
  • draft a legal document;
  • determine your rights;
  • choose a legal procedure;
  • get a legal opinion;

you may need to consult a qualified professional instead.

Can a commissioner refuse to administer an oath?

Yes.

The Government of Québec states that a commissioner may refuse to receive an oath when, for example, a document doesn't meet the required form, has obvious problems, or the person is not able to express their will.

A booking alone can't guarantee that any given document will be eligible for an oath.

Can you check a commissioner's status?

Yes.

The Government of Québec provides a public tool to check whether someone is authorized to act as a Commissioner for Oaths.

There is also a Registry of Commissioners for Oaths where you can search for commissioners who agreed to have certain information published.

Commissioner, lawyer, and notary: is it the same thing?

No.

Some people are authorized, because of their profession, to receive oaths — including certain lawyers, notaries, court clerks, and other persons designated by law.

But these professions and their respective powers remain different.

Using a Commissioner for Oaths does not automatically mean you're getting a notarial service or legal advice.

Assermentation Express

Assermentation Express is a private service that lets you arrange a remote meeting with a Commissioner for Oaths.

It is not a government service.

The goal is to simplify the booking and the technological side of the oath, when the document and situation allow for this process.

Need a Commissioner for Oaths remotely? Check the next available times.

Book my appointment

Sources and references

Assermentation Express
Commissioner for Oaths in Québec: Role, Powers, and Limits