Definition
Administering an oath is defined as the act of taking an oath or having someone take one. It can be done through a written declaration or a verbal declaration.
Under the federal and Québec interpretation acts, an oath may also be expressed by solemn affirmation. In civil matters, taking an oath has in fact been replaced by solemn affirmation.
Administering an oath is a condition for the validity of certain documents, notably in criminal matters.
The written declaration under oath
A written declaration can be commissioned remotely by technological means when the applicable requirements are met.
A written declaration under oath must contain the following particulars:
- the date on which the oath is received or taken;
- the place;
- the name and signature of the declarant (as well as the declarant's address in civil matters);
- the name, title and signature of the commissioner for oaths;
- a statement that the declarant believes the facts alleged in the document to be true, to the best of their knowledge.
Remote commissioning by technological means
The technological means used for remote oath commissioning must meet the following requirements:
- the signature may be affixed by various technological means, provided they make it possible to identify the signatories and to establish their consent;
- the declarant and the commissioner must be able to see and hear each other simultaneously;
- they must be able to see the document that is the subject of the oath;
- the integrity and, where applicable, the confidentiality of the shared documents and of the commissioning process must be ensured.
Legal basis
Expressing an oath by solemn affirmation is provided for by the federal Interpretation Act (R.S.C. (1985), c. I-21, s. 35) and by Québec's Interpretation Act (RLRQ, chapter I-16, s. 58).
Ministère de la Justice du Québec — Remote oath commissioning (PDF, in French)
See all documents that need to be sworn
Assermentation Express
Assermentation Express is not a government website. This service does not replace legal advice and does not determine whether a declaration under oath is required in your situation: always check what the receiving organization asks for.