Who can swear an affidavit?

Provincial Court
Supreme Court

Before you file an Affidavit, a commissioner for taking affidavits needs to swear it.

Usually you'll find at least one person at the court registry or government agent's office who's a commissioner.

Lawyers and notaries public are always commissioners.

Other people can be commissioners for taking affidavits as well.

In BC

Here's a list of people who can swear affidavits in BC that are going to be used in BC courts:

  • A notary public
  • A practising lawyer (as defined in the Legal Profession Act)
  • A Supreme Court registrar, deputy registrar, district registrar, and deputy district registrar
  • A government agent or deputy government agent
  • A judge of a court in BC
  • A justice
  • The local government corporate officer and that person's deputy
  • The secretary treasurer of a board of school trustees
  • The chief executive officer of a francophone education authority (as defined in the School Act)
  • A coroner
  • Any commissioned officer in the Canadian Navy, Army, or Air Force who's on active service (in and out of Canada)
  • All agents general for British Columbia
  • Justice Counsellors appointed under section 10 of the Family Law Act
  • Child Support Officers and local managers from the Family Justice Services Division of the Justice Services Branch of the Ministry of Justice
  • Family Search Officers, managers, and directors from the Maintenance Enforcement and Locate Services Division of the Justice Services Branch of the Ministry of Justice
  • Customer service representatives and senior customer service representatives from the Service BC division of the Ministry of Technology, Innovation and Citizens' Services
  • Any other individual specifically appointed by the Attorney General as commissioners for taking affidavits for BC

See Commissioner for Taking Affidavits on the Courthouse Libraries BC website for a list of more people who can swear affidavits in BC.

Outside BC

Here's a list of people who can swear affidavits outside BC that are going to be used in BC courts:

  • A magistrate or an officer of a court of justice, a judge, or a commissioner who can administer (supervise) oaths in the courts of justice of that province or country
  • A certified notary public or lawyer practising in their own jurisdiction
  • The mayor or chief magistrate of any city, borough, or town corporate
  • An officer of any of Her Majesty's diplomatic or consular services stationed outside of Canada. For example:
    • an ambassador
    • an envoy, minister, chargé d'affaires, counsellor, secretary, attaché, consul general, consul, vice consul, proconsul, consular agent, acting consul general, acting consul, acting vice consul, or acting consular agent
  • An officer of the Canadian diplomatic and consular service stationed outside of Canada. For example:
    • a high commissioner or acting high commissioner
    • a permanent delegate or acting permanent delegate, counsellor, or secretary
  • A Canadian government trade commissioner or an assistant Canadian government trade commissioner stationed outside of Canada
  • Any commissioned officer in the Canadian Navy, Army, or Air Force who is on active service (in Canada or elsewhere)
  • All agents general for British Columbia
  • A commissioner who BC law says can take affidavits

Ask how much the commissioner charges to swear an affidavit. There isn't a standard charge, so some people will charge more than others. Ask a couple of people to get an idea of what's a good price.